HomeMy WebLinkAboutAgenda Packet 04-18-2017 CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
April 18, 2017
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
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 City Council 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 City Council will not take any action under
the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and
act upon them in the future.
CONSENT AGENDA:
6:15 p.m.-6:20 p.m.
1. Approve Minutes for March 21, 2017 Regular City Council Meeting.
2. Resolution No. 2017-05; reappointing Members to the Community Appearance Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability and an effective date. (Bob Nienstadt and Angela M. Raymond)
3. City Council Proclaim Saturday, May 20, 2017 as "National Kids to Parks Day" in Cape
Canaveral.
4. Award Bid for construction of Banana River and Manatee Sanctuary Parks Shoreline
Protection Project to SDV Services, LLC of Titusville, Florida, in the amount of $232,664
and authorize City Manager to execute Construction Agreement for same.
5. Approve Amendment to Work Squad Contract #W1082 between Florida Department of
Corrections and City of Cape Canaveral in the amount of $57,497 and authorize City
Manager to execute Amendment for same.
PUBLIC HEARING:
6:20 p.m.-6:35 p.m.
6. Ordinance No. 04-2017; establishing minimum dimensions for automobile parking spaces
within the City; providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the City Code and an effective date, second reading.
7. 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
City of Cape Canaveral, Florida
City Council Meeting
April 18, 2017
Page 2 of 2
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, first reading.
8. Ordinance No. 06-2017; 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 existing on January 1, 2016; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability and an
effective date, first reading.
ITEM FOR ACTION:
6:35 p.m.-6:45 p.m.
9. Variance No. 2017-01 includes: a variance to allow for a 25 foot setback rather than the
50 feet required by Section 110-536(a)(2); and to allow for a 58.4 foot lot depth rather than
the 100 feet required by Section 110-336(2). The subject parcel is undeveloped and is
located on N. Atlantic Avenue (Attachment 1) - APPEAL. [highlighted] - (Item backup material to
follow)
REPORTS:
6:45 p.m.-7:00 p.m.
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. 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 City Clerk's office (868-1220 x220
or x221) 48 hours in advance of the meeting.
[DRAFT Watermark] Item No. 1
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
March 21,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Mayor Pro Tem McMillin
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriff's Office Lieutenant Don Barker
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION: Al Abbasse, 200 International Drive, inquired about the new
Cumberland Farms layout, traffic and pedestrian issues at the intersection of International Drive, State
Road A1A and North Atlantic Avenue. City Manager Greene explained A1A is under the State of
Florida's jurisdiction and the City has advocated to reduce speed limits and make improvements to
intersections, particularly at A1A and North Atlantic Avenue, over many years. He stated there is
money in the State Five Year Plan through the Transportation Planning Organization (TPO) to study
that intersection with a possible realignment; the City has adopted multiple resolutions that bring the
pedestrian issues to Florida Department of Transportation's attention. Mayor Pro Tem McMillin
offered to meet with anyone regarding these issues as he serves on the Space Coast Transportation
Planning Organization.
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 21, 2017
Page 2 of 4
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion. No items were removed.
1. Approve Minutes for February 21, 2017 Regular City Council Meeting.
2. Resolution No. 2017-04; authorizing an additional extension of time for the property
owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in
executed and recordable form in accordance with Resolution No. 2016-03; providing for
repeal of prior inconsistent resolutions, severability and an effective date.
3. Approve Interlocal Agreement with Brevard County Property Appraiser (BCPA) and
Brevard County Tax Collector (BCTC), to contract with a third party vendor, Tax
Management Associates, Inc. (TMA), for the review of the validity of all residency-based
property tax exemptions; the City agrees to have 28% of the proceeds of the collections
paid to the vendor.
A motion was made by Council Member Walsh, seconded by Mayor Pro Tem McMillin, to
approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council
Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member
Randels,For and Council Member Walsh, For.
PUBLIC HEARINGS:
4. Ordinance No. 04-2017; establishing minimum dimensions for automobile parking spaces
within the City; providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the City Code and an effective date, first reading.: City Attorney
Garganese read the title into the record and reviewed the item. Discussion ensued and included
Planning and Zoning Board and Staff recommendations,various dimensions of parking spaces in
the City, ambiguities in the Code, land values in Cape Canaveral and environmental impact of
parking spaces on the City. City Attorney Garganese explained his reasoning for recommendation
of the proposed Ordinance, how the Code, as it stands, allows too much flexibility and having
minimum standards helps avoid gamesmanship. Discussion continued and included various
examples of retail store parking in and beyond the City, various potential parking dimensions
allowed under both the City Code and proposed Ordinance, various other municipalities' parking
dimensions, environmental impact to the Indian River Lagoon, need to establish minimums,
condominium parking issues and parking space needs of various types of vehicles. The Public
Hearing was opened. Charles Pindziak, 112 E. Central Boulevard, shared a personal story and
urged consideration of medical emergency responder situations in regards to reducing parking
space size. He inquired as to who requested the reduction in size and why. Bob Baugher, 118
Sunset Drive, Cocoa Beach, spoke of the trend toward smaller parking lots and provided several
examples of issues surrounding parking spaces and design. City Manager Greene clarified that any
parking designs as part of a project are reviewed by the City Development Review Committee,
engineers on both sides review plans. He advised Staff should be given the benefit of the doubt
and understand that Staff recommendations are based on professional experience and thoughtful
review. Mr. Baugher stated he supports smaller parking lots. The Public Hearing was closed.
[DRAFT Watermark]
City of Cape Canaveral, Florida
City Council Regular Meeting
March 21, 2017
Page 3 of 4
Discussion ensued and included each Council Members' preferred parking space dimensions and
angled parking. A motion was made by Mayor Pro Tem McMillin, seconded by Mayor Hoog,
for approval of Ordinance No. 04-2017,with recommendation of nine (9) feet x eighteen (18)
feet minimum parking space. Discussion ensued between City Attorney Garganese and Council
regarding the minimum paved area. City Attorney Garganese advised discussion had not taken
place on the proposal of nine (9) feet in width. Mayor Pro Tem McMillin amended the motion,
seconded by Mayor Hoog,for approval of Ordinance No.04-2017, for nine (9) feet x eighteen
(18) feet with a grand total of one hundred and sixty two (162) square feet. City Attorney
Garganese stated the amended motion fully addresses the City Code Section 110-494 change. The
motion failed 2-3 with voting as follows: Council Member Brown, Against; Mayor Hoog,
For; Mayor Pro Tem McMillin, For; Council Member Randels, Against and Council
Member Walsh, Against. Mayor Hoog stated the item goes back to the floor. A motion was
made by Council Member Brown, seconded by Council Member Randels, for approval of
Ordinance No. 04-2017, as proposed, at first reading. The motion carried 5-0 with voting as
follows: Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For;
Council Member Randels,For and Council Member Walsh, For.
ITEM FOR DISCUSSION:
5. PACE Program Membership Discussion.: City Attorney Garganese provided a detailed
overview of the Property Assessment Clean Energy (PACE) Program. Discussion ensued and
included how the City would have no administrative responsibility in the Program and the City
would act as a facilitator,how assessments stay with the properties when sold,what happens when
participant taxes are not paid which banks do not like, the City of Satellite Beach is the only City
in Brevard County participating in the Program and the need to be mindful of carrying costs. Kate
Wesner, Government Relations Manager with Ygrene Energy Fund, explained the Program
financing, the City's minimal role in the process, the Program takes priority over mortgages except
those federally insured, how local contractors can be used and placed in the contract, the
recommendation to use multiple providers is good public policy, no cost to City beyond adopting
a resolution, the similarities to a home equity loan with a program fee and locked interest rates
based on the LIBOR (London Interbank Offered Rate) rate, energy and insurance savings, those
interested in the Program should call their insurance companies to find out all the credits they
would get and are applicable under the PACE statute and most improvements have been for
hurricane protection in Florida. Discussion ensued and included cost benefits being zero money
down and not credit based, requirements include owners to be current on property taxes, mortgages
and have no liens against the property and longer terms as opposed to a home equity loan. Mayor
Hoog suggested those who have further questions speak with Community Development Director
Dickey. Council Member Walsh indicated she has spoken with Mr. Dickey, Satellite Beach
Council Members and City Manager having followed the topic for the last year and a half A
motion was made by Council Member Walsh, seconded by Mayor Pro Tem McMillin, to
have Staff continue conducting due diligence regarding adopting a PACE Program in the
City of Cape Canaveral and present a recommendation at a future City Council Meeting for
consideration. Discussion ensued and included how the Program does not apply to public
properties, PACE providers notify mortgage lenders on behalf of the property owners, providers
work with local realtor groups, assessments can be transferred and in some cases the loan has to
[DRAFT Watermark]
City of Cape Canaveral, Florida
City Council Regular Meeting
March 21, 2017
Page 4 of 4
be paid off. Speakers Ross McCluney, 219 Johnson Avenue and Bill Young, 612 Indian River
Drive, Titusville, voiced support for the Program, provided information regarding solar energy and
how property improvements help homeowners. The motion carried 5-0 with voting as follows:
Council Member Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council
Member Randels,For and Council Member Walsh, For.
REPORTS:
Council Member Brown reported the Space Coast League of Cities adopted a resolution on March
19, 2017 opposing House Bill 17 and Senate Bill 1158 which take away a city's ability to regulate
businesses.
Mayor Pro Tem McMillin announced a Makers Space Meeting will be held on April 6, 2017 at
5:30 p.m. in the Nancy Hanson Recreation Complex Center, to see if there would be any interest
for people to utilize large pieces of equipment related to woodworking, 3D printing or sewing.
Council Member Randels recognized Mr. Young for his assistance in helping the City obtain an
electric vehicle years ago; thanked Public Work Services Staff for quick response to an accident
report he turned into City Manager Greene regarding a person who fell on a sidewalk and the
prompt action to repair it. He stated his understanding and concerns related to a recent Board of
Adjustment Meeting item and,had he known about the Meeting, he would have spoken against it
and explained why. City Manager Greene responded that Council Member Randels should check
and would find that the Agenda was emailed to him, which has been City Policy for a number of
years. City Attorney Garganese asserted that a Notice of Appeal has been filed by a resident
regarding the matter, that Council will likely be hearing the item and advised there be no further
discussion on the matter.
Council Member Walsh reminded everyone the City of Cape Canaveral Trash Bash April 1, 2017
starts at 8 a.m. in Cherie Down Park and Founders Day Spring Festival starts at 10 a.m.in Manatee
Sanctuary Park. She urged for volunteer participation because Cape Canaveral will be in
competition with other cities for the most trash picked up.
Mayor Hoog reported he attended the Brevard County Sheriffs Award Ceremony where Canaveral
Fire Rescue and BCSO Canaveral Precinct members were given a number of awards for life-saving
efforts, including former Council Member Buzz Petsos' daughter who is a Deputy and a merit
award to BCSO Commander Alan Moros.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:51 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog,Mayor
[City seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/18/2017
Item No. 2
Subject: Resolution No. 2017-05; reappointing Members to the Community Appearance Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability and an effective date. (Bob Nienstadt and Angela M. Raymond)
Department: Legislative
Summary: The terms for Community Appearance Board Members Bob Nienstadt and Angela
M. Raymond will expire May 1, 2017. Both expressed a desire to continue serving on the Board
for the additional three year terms (Attachment 1). Mr. Nienstadt and Ms. Raymond have both
been serving on the Board since March 20, 2012. Following completion of their second terms,
these appointees may be eligible for reappointment to the Community Appearance Board for
additional terms, if no other qualified applicant(s) submit application(s) seeking appointment,
consistent with the limitations set forth in section 2-171(f), City Code.
It is now incumbent upon the City Council to reappoint Members to the Community Appearance
Board.
Submitting Department Director: Mia Goforth [initials] Date: 4/6/17
Attachments:
(1) Expiration Notices
(2) Resolution No. 2017-05
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/5/17
The City Manager recommends that City Council ke the following action:
Adopt Resolution No. 2017-05.
Approved by City Manager: David L. Greene [initials] Date: 4/6/17
[City seal] Attachment 1
City of Cape Canaveral
March 8, 2017
Bob Nienstadt
355 Harbor Drive
Cape Canaveral,FL 32920
Dear Mr.Neinstadt:
Your term on the Community Appearance Board will expire on May 1, 2017. Please check the box
that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this
Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 18, 2017 (your presence at which is not required).
[X] I DO wish to be considered for reappointment.
[ ] I DO NOT wish to be considered for reappointment.
[signature] (Signature)
BOB NIENSTADT, Vice Chairperson
Sincerely,
[signature]
Mia Goforth,
City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
[City seal]
City of Cape Canaveral
March 8,2017
Angela M. Raymond
7048 Sevilla Court, #202
Cape Canaveral, FL 32920
Dear Ms.Raymond:
Your term on the Community Appearance Board will expire on May 1, 2017. Please check the box
that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this
Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 18, 2017 (your presence at which is not required).
[X] I DO wish to be considered for reappointment.
[ ] I DO NOT wish to be considered for reappointment.
[signature] (Signature)
ANGELA M. RAYMOND, Board Member
Sincerely,
[signature]
Mia Goforth,
City Clerk
End: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone(321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
Attachment 2
RESOLUTION NO.2017-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE
CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 22-36 established a Board known as the Community Appearance Board; and
WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral, at
its discretion, to reappoint Members to the Community Appearance Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment of Voting Members to the Community Appearance Board
pursuant to Section 2-171(e) and 22-28 of the Cape Canaveral City Code, the City Council of the
City of Cape Canaveral hereby appoints the following individuals to serve as a regular voting
member:
Bob Nienstadt and Angela M. Raymond shall be reappointed to new, three-year
terms, to serve until May 1, 2020.
At the completion of their terms on the Board, these appointees may be eligible for reappointment
to the Board for an additional term, if no other qualified applicant(s) submit application(s) seeking
appointment to the Board, consistent with the limitations set forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
(Adoption and Signature Page follows)
City of Cape Canaveral
Resolution No.2017-05
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 18th day of April, 2017.
Bob Hoog,Mayor
ATTEST: Name FOR AGAINST
Mike Brown
Mia Goforth, CMC, Bob Hoog
City Clerk 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
Resolution No.2017-05
Page 2 of 2
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 4/18/2017
Item No. 3
Subject: City Council Proclaim Saturday, May 20, 2017 as "Kids to Parks Day" in Cape
Canaveral.
Department: Legislative/Culture & Leisure Services
Summary: The National Park Trust (NPT) is dedicated to preserving parks today and creating
park stewards for tomorrow. NPT is the Nation's only organization dedicated to the completion,
and the full appreciation, of the American system of local, state and national parks through the
identification of key land acquisition and preservation needs. The future of our Nation's
treasured parks, public lands and other open spaces rests in the hands of our youth. Through
NPT's widely respected and rapidly growing kids to parks initiatives and Buddy Bison (NPT
mascot)youth education program,everyone will be provided with the American Park experience
they deserve.
May 20, 2017 is the seventh annual Kids to Parks Day organized and launched by the National
Park Trust. Kids to Parks Day empowers kids and encourages families to get outdoors and visit
America's parks; it is important to introduce a new generation to our Nation's parks because of
the decline in Park attendance over the last decades; we should encourage children to lead a
more active lifestyle to combat the issues of childhood obesity, diabetes mellitus,hypertension
and hypercholesterolemia; and, Kids to Parks Day is open to all children and adults across the
country to encourage a large and diverse group of participants. Kids to Parks Day will broaden
children's appreciation for nature and the outdoors.
The City of Cape Canaveral is partnering with Cape View Elementary on Saturday, May 20,
2017 to have a kickball tournament and will cap the evening with a Movie in the Park at
Canaveral City Park.
Residents of the City of Cape Canaveral are urged to make time May 20, 2017 to take the
children in their lives to a neighborhood, state or national park. For more information,please go
to www.kidstoparks.org.
Submitting Council Member and
Department Director: [initials] [initials]
Mayor Hoog and Gustavo Vergara Date: 4/5/17
Attachment: Proclamation
Financial Impact: Staff time/effort to prepare Agenda Item; cost of event(s).
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/4/17
The City Manager recommends that City Council take the following action:
City Council Proclaim Saturday, May 20, 2017 as "Kids to Parks Day" in Cape Canaveral.
Approved by City Manager: David L. Greene [initials] Date: 4/4/17
[city seal]
Official
Proclamation
City of
Cape Canaveral, Florida
WHEREAS, May 20, 2017 is the seventh annual Kids to Parks Day
organized and launched by the National Park Trust; and
WHEREAS, Kids to Parks Day empowers kids and encourages
families to get outdoors and visit America's parks; and
WHEREAS, it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last decades;
and
WHEREAS, we should encourage children to lead a more active
lifestyle to combat the issues of childhood obesity, diabetes mellitus,
hypertension and hypercholesterolemia; and
WHEREAS, Kids to Parks Day is open to all children and adults across
the country to encourage a large and diverse group of participants; and
WHEREAS, Kids to Parks Day will broaden children's appreciation
for nature and the outdoors; and
NOW THEREFORE I, Robert Hoog, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim May 20, 2017 as
Kids to Parks Day in Cape Canaveral
I urge residents of the City of Cape Canaveral to make time May 20, 2017 to
take the children in their lives to a neighborhood, state or national park.
Signed and Sealed this Day of ,
Mayor
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 04/18/2017
Item No. 4
Subject: Award Bid for construction of Banana River and Manatee Sanctuary Parks Shoreline
Protection Project to SDV Services, LLC of Titusville, Florida, in the amount of $232,664 and
authorize City Manager to execute Construction Agreement for same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed Contractors, in accordance
with the City's Purchasing Policy and Florida Statutes, to submit a Bid for construction of the
Banana River and Manatee Sanctuary Parks Shoreline Protection Project. Over the past several
years, the shorelines of both Banana River Park and Manatee Sanctuary Park have been eroded
by storms producing high wind/waves. The shoreline has continued to recede to the point that
infrastructure at both Parks will soon be impacted. In addition, shoreline sediments from the
erosion have covered emerging sea grasses in the Banana River Lagoon. Recent studies indicate
that over 47,000 acres of sea grasses have died since 2011 in the Banana River Lagoon system
in Brevard County.Regional restoration efforts are currently underway including muck removal,
reducing non-point pollutants, installing oyster beds, etc.
This Project was developed in accordance with guidelines established in the City's 2014
Stormwater Master Plan (SWMP). The SWMP identified and prioritized projects that would (1)
reduce stormwater flow to the Banana River Lagoon, (2) reduce loads of total nitrogen (TN) and
total phosphorous (TP) and (3) define potential flooding areas in the City. Since this Project
meets all three of these SWMP criteria, the City requested and obtained a 319(h) grant from
Florida Department of Environmental Protection (FDEP) to assist in the funding.
Project Description. This Project will provide Park shoreline protection from high wind/wave
erosion by providing a combination of coquina rock placement, selective bank planting with use
of suitable existing vegetation (mangroves, wire grass, etc.) and enhancement of a top of bank
infiltration swale. Benefits from construction of the improvements are fourfold:
• Reduction of sediments from both Park shorelines in the range of 130 tons, which
historically have covered adjacent seagrasses;
• Reduction of discharge of TN (6.3 lbs) and TP (0.18 lbs) by use of upland bank
infiltration swales;
• Protection of a major pedestrian boardwalk at Manatee Sanctuary Park which is used by
a large number of visitors; and
• Protection of soccer field/fencing at Banana River Park.
Firm Selection Process. Staff advertised this bid opportunity on February 27, 2017 by posting
(1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid
information to Onvia, Inc., bid service (DemandStar). A "Bid Submittal" notation was also
included that the contract will be awarded pursuant to the requirements of applicable state and
federal laws and regulations. A summary of the four sealed bids submitted for the Project and
opened on March 23, 2017 is included in Attachmen t#1.
Upon review of the four bids submitted, PWS Staff and consulting engineering staff are
recommending that the Project be awarded to SDV Services, LLC of Titusville, FL with a bid
amount of $232,644. The consulting engineering staff's evaluation letter recommending SDV
City Council Meeting Date: 04/18/2017
Item No. 4
Page 2 of 2
Services, LLC for the Project is included in Attachment #1. A proposed Construction Agreement
is included as Attachment #2.
Project Costs and Funding. This Project is funded in part with a 319(h) grant in the amount of
$98,400 from FDEP. Remaining funding is from the City's Stormwater Utility. It is important
to note that FDEP awarded this Grant to the City with "leftover" FY2016/2017 funds since the
Project was nearly "shovel ready" and the City could meet the construction completion deadline
of July 1, 2017. Therefore, it is critical that the Project continue on fast-track status to meet the
construction completion deadline and to obtain the full amount of FDEP grant funding.
Completion of this Project by the construction deadline as well as completion of the recent City
Park Ex-filtration Project several months ahead of schedule ensures that the City maintains a
good working relationship with FDEP and bodes well for obtaining future stormwater-related
grants.
Submitting Department Director: Ralph Lotspeich [initials] Date: 4/10/17
Attachments:
#1 - Bid Summary/Engineer's Evaluation Letter
#2 - Construction Agreement
Financial Impact: Construction of the Banana River and Manatee Sanctuary Parks Shoreline
Protection Project awarded to SDV Services, LLC of Titusville, Florida in the amount of
$232,664 funded by an FDEP Grant ($98,400) and the Stormwater Fund ($134,264). Staff time
and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/7/17
The City Manager recommends that City Council take the following action: Award Bid for
construction of Banana River and Manatee Sanctuary Parks Shoreline Protection Project to SDV
Services, LLC of Titusville, Florida, in the amount of$232,664 and authorize City Manager to
execute Construction Agreement for same.
Approved by City Manager: David L. Greene [initials] Date: 4/10/17
Attachment #1
Bid Summary/Engineer's Evaluation Letter
CITY OF CAPE CANAVERAL
Request for Bids
BANANA RIVER & MANATEE SANCTUARY PARKS SHORELINE PROTECTION
PROJECT
Bid #2017-01
City of Cape Canaveral Public Works Services
Training Room
601 Thurm Boulevard
Cape Canaveral,Florida 32920
MINUTES
Thursday
March 23, 2017
2:15 PM
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:16 P.M.
Others present:
Dale Mudrak, Oregon Construction, Inc.
Tony Owen, Archangel Engineering & Construction, Inc.
Daniel LeFever, Deputy City Clerk
Director Ratliff proceeded to open the bids received and announced the results order:
BANANA RIVER & MANATEE SANCTUARY PARKS SHORELINE PROTECTION
PROJECT BID #2017-01:
Firm Location Bid Amount
Archangel Engineering & Construction, Inc. Rockledge, FL $268,900.00
Dune Erosion Control, Inc. Cape Canaveral, FL $248,362.00
Gregori Construction, Inc. Titusville,FL $367,877.00
SDV Services LLC Titusville, FL $232,664.00
Director Ratliff stated the Bids would be reviewed and adjourned the meeting at 2:20 P.M.
[signature]
Daniel LeFever, Deputy City Clerk
[logo] JOHN A.PEKAR, P.E., LLC
Civil Enginering / Consulting
102 Columbia Drive
Suite 207
Cape Canaveral, FL 32920
Office Phone: 321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@gmail.com
John A. Pekar, P.E.
Roni Flowe roniflowe@gmail.com
Office Manager Cell Phone: 321-603-9899
March 28, 2017
TO: Jeff Ratliff
FROM: John A. Pekar, PE, City Consulting Engineer
SUBJECT: Contractor Review for City Parks Shoreline Protection
Based upon a review of the Contractor's (SDV Services) low bid and a March 28, 2017 meeting
at their offices to discuss the project, I recommend City approval of the contract with SDV
Services for shoreline protection work at Banana River and Manatee Sanctuary Parks.
SDV Services has performed successful work in our area including the recent construction of a
new parking lot at Banana River Park.
Please let me know if you have any questions.
Sincerely,
[signature]
John A. Pekar, P.E.
JAP:rmf
Attachment #2
Construction Agreement
Bid #2017-01
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2017 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and SDV SERVICES,
LLC, a State Certified General Construction Firm authorized and duly licensed to do business in the
State of Florida (herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the construction of improvements to Banana River and Manatee
Sanctuary Parks, as set forth in the Scope of Services, attached hereto as Exhibit "A", and
fully incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by John
A. Pekar, PE LLC, dated February 20, 2017; Bid #2017-01; Documents issued by the CITY;
CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and
Conditions by the CITY; and all Change Orders approved by the CITY after execution of this
Agreement. These Contract Documents are hereby incorporated into this Contract by this
reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing
on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be
resolved by giving precedence in the following order:
a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by
the CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work,
should any errors, ambiguities or discrepancies be found in the Agreement or specifications,
the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions
and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to
carry out the work in accordance with the decision of the CITY. When the material, article or
equipment is designated by a brand name and more than one brand name is listed, it will be
understood that the work is based on one brand name only. The CONTRACTOR will be
responsible for all coordination necessary to accommodate the material, article or equipment
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being provided without additional cost to the CITY. A substitute material, article or equipment
is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must
notify the CITY prior to use of the substitute for a specified brand name and allow the CITY
to make a determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within fourteen (14) days after
the issuance of a written Notice to Proceed and shall complete the Work by July 1, 2017.
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the
essence of this Agreement and that CITY will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 5 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of
requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00)
per day for each day that expires after the time specified in Paragraph 5 for final completion
until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten ($10.00) dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the
CONTRACTOR in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Two Hundred Thirty Two Thousand
Six Hundred and Sixty Four Dollars ($232,664). Payments will be made to the
CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices
included as a part of the Bid, which shall be as fully a part of the Contract as if attached or
repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The
CITY reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, for convenience. Further, the
CITY reserves the right to revoke and terminate this Agreement in the following
circumstances,each of which shall represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have
such time as is reasonably necessary to remedy the default,provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
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b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;
or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
f CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY
shall have the right to exercise any other remedy the CITY may have by operation of law,
without limitation, and without any further demand or notice. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in accordance
with the provisions of this Agreement, for Work properly performed prior to the effective date
of termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their
equipment or facilities; court injunction or order; federal and/or state law or regulation; order
by any regulatory agency; or cause or causes beyond the reasonable control of the party
affected; provided that prompt notice of such delay is given by such party to the other and
each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days,either party may terminate
this Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy,void or otherwise unenforceable by a court of law, the parties, at
the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the
affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract
price to CONTRACTOR, on the basis of application for payments submitted to the CITY or
CITY's Project Manager,by CONTRACTOR as the work progresses and in accordance with
the Contract Documents.
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Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the CITY,CONTRACTOR'S work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the
project in accordance with the Local Government Prompt Payment Act ("Act"). After 50%
completion of the project,CITY shall reduce to 5%the amount of the retainage withheld from
each subsequent progress payment made to the CONTRACTOR unless the project is subject
to Federal funding, in whole or in part, and the project is subject to laws and regulations
contrary to the Act. The term "50% completion of the project" shall mean the point at which
the CITY has expended 50%of the total cost of the construction services purchased under this
Agreement together with all costs associated with existing change orders and other additions
or modifications to the construction services provided for in this Agreement. After 50%
completion, the CONTRACTOR may present to the CITY a payment request for up to one-
half of the retainage held by the CITY. CITY shall promptly make payment to the
CONTRACTOR unless the CITY has grounds,under the Act, for withholding the payment of
the retainage. The remaining retainage amount withheld shall be released with the Final
Payment after the issuance of the Final Completion Certificate. CITY shall make final
payment to CONTRACTOR within thirty (30) days after the work is fully and properly
completed, if the contract has been fully and timely performed, but subject to the condition
that final payment shall not be due until CONTRACTOR has delivered to CITY a complete
release of liens arising out of the contract,or receipt of releases of lien fully covering all labor,
materials and equipment for which a lien could be filed, or in the alternative a bond
satisfactory to CITY indemnifying him against such claims.
By making payments, CITY does not waive claims including but not limited to those relating
to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens;or
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d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as
follows:
a. General Administration of Contract. The primary function of the CITY is to
provide the general administration of the contract. In performance of these duties, Jeff
Ratliff or his authorized representative is the CITY's Project Manager during the entire
period of construction. The CITY may change the Project Manager during the term of this
contract.
b. Inspections,Opinions, and Progress Reports.The CITY shall be kept familiar with
the progress and quality of the work by CONTRACTOR and may make periodic visits to
the work site. The CITY will not be responsible for the means of construction., or for the
sequences, methods and procedures used therein, or for the CONTRACTOR's failure to
perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the
worksite at all times during work preparation and progress. The Project Manager is not
obligated to make exhaustive or continuous on site inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
CITY's claim regarding defective work by CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be
the initial interpreter of the contract document requirements,and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work
which in its opinion does not conform to the Contract Documents, and in this connection
may stop the work or a portion thereof,when necessary.
f Payment Certificates. The CITY will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
CITY's inspections and observations, and will issue certificates for progress payments and
final payments in accordance with the terms of the Contract Documents.
14. PROGRESS MEETING - CITY's Project Manager may hold periodic progress meetings
on a monthly basis, or more frequently if required by the CITY, during the term of work
entered into under this Agreement. CONTRACTOR's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the CITY's Project
Manager.
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15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among his employees, and he agrees not to employ for work on the project any
person unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water, transportation, and all other facilities and work necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents)hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
rights or any monies due or to become due hereunder without the prior, written consent of the
CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY
for all acts and/or omissions performed by the subcontractor as if no subcontract had been
made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to
remedy the situation.
c. If CONTRACTOR,prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
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17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has
not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any
such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives,
employees, and/or attorneys against any and all Iiability, loss, cost, damages, expenses, claim
or actions, of whatever type,including but not limited to attorney's fees and suit costs, for trial
and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of,
wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors,
contractors, subcontractor(s), representatives, servants or employees in the execution,
performance or non-performance or failure to adequately perform CONTRACTOR's
obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed by the indemnifying party or anyone directly or indirectly employed or hired by
them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the
fees for which shall be subject to and included with this indemnification provided herein, as
long as said fees are reasonable. This paragraph shall survive termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents
while performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the CITY the following:
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a. CONTRACTOR is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized to
carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CON TRACTOR agrees to provide a
copy to the CITY of a corporate certificate of good standing provided by the State of
Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the
work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR
agrees to provide a copy of all said licenses to the CITY prior to the execution of this
Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to
protect the CONTRACTOR from claims of property damages which may arise from any
Work performed under this Agreement whether such Work is performed by the
CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury, including wrongful death,
as well as from claims from property damage, which may arise from the ownership, use,
or maintenance of owned and non-owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law and
Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its
employees performing Work for the CITY pursuant to this Agreement.
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Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement. A copy of a current
Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective
Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal
certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a
30-day advance written notification to the CITY in the event of cancellation or modification of
any stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to
resolve their differences through mediation, then any cause of action filed hereunder shall be
filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue
for any state action or litigation shall be Brevard County, Florida. Venue for any federal action
or litigation shall be Orlando, Florida.
27. ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non-prevailing party the costs and expenses of such action including, but not limited
to, reasonable attorney's fees,whether at settlement,trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent,postage prepaid, to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY. The
CON IRACTOR, its contractors, partners, agents, and their employees are independent
contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to
establish any relationship other than that of an independent contractor, between the CITY, on
one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or
after the performance of the Work under this Agreement.
30. DOCUMENTS—PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and
other applicable public records laws, CONTRACTOR agrees that any records, documents,
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transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of transmission, of
CONTRACTOR related,directly or indirectly, to the services provided to the CITY under this
Agreement and made or received pursuant to law or ordinance or in connection with the
transaction of official business by the CITY,may be deemed to be a public record,whether in
the possession or control of CITY or the CONTRACTOR. Said records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of transmission of
CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not
be destroyed without the specific written approval of the CITY's designated custodian of
public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records laws.
CONTRACTOR shall keep and maintain all public records required by CITY to perform the
services as agreed to herein. CONTRACTOR shall provide the CITY,upon request from the
CITY CLERK, copies of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law.
CONTRACTOR shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR
shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR,
provided the transfer is requested in writing by the CITY CLERK. Upon such transfer,
CONTRACTOR shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. However, if the CITY CLERK does
not request that the public records be transferred, the CONTRACTOR shall continue to keep
and maintain the public records upon completion of the Agreement and shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to CITY, upon request from the CITY CLERK, in a format that is compatible with
the information technology systems of CITY. Should the CITY not possess public records
relating to this Agreement which are requested to be inspected or copied by the CITY or any
other person, the CITY shall immediately notify CONTRACTOR of the request and the
CONTRACTOR shall then provide such records to the CITY or allow the records to be
inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a
public records request, the CITY may enforce this Section to the extent permitted by law.
CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public
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records to the CITY within a reasonable time, the CONTRACTOR may be subject to
penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a
civil action is filed against the CONTRACTOR to compel production of public records
relating to this Agreement, the court may assess and award against CONTRACTOR the
reasonable costs of enforcement, including reasonable attorney fees. All public records in
connection with this Agreement shall, at any and all reasonable times during the normal
business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the
purpose of examination, audit, or otherwise. Failure by CONTRACTOR to grant such public
access and comply with public records laws and/or requests shall be grounds for immediate
unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of
cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must
enforce this Section,or the CITY suffers a third party award of attorney's fees and/or damages
for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with
this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and
costs, and any damages incurred by the CITY, for enforcing this Section against
CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all
attorneys' fees and damages which the CITY had to pay a third party because of the
CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in
this Section shall survive the termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's
right to sovereign immunity under Section 768.28,or other limitations imposed on the CITY's
potential liability under state or federal law. As such, the CITY shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the CITY
shall not be liable for any claim or judgment, or portion thereof, to any one person for more
than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of
three hundred thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to
be construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this
Agreement by the Parties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein. This Agreement embodies the entire
understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless
expressly referred to herein. Modifications of this Agreement shall only be made in writing
signed by both parties,
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or
provision of this Agreement shall not be considered a waiver of that term, condition, or
provision in the future. No waiver, consent, or modification of any of the provisions of this
City of Cape Canaveral / (Contractor)
Page 11 of 13
Bid #2017-01
Cape Canaveral,Florida
Agreement shall be binding unless in writing and signed by a duly authorized representative of
each party hereto. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally
in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
David L. Greene, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1224 Fax:
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
City of Cape Canaveral / (Contractor)
Page 12 of 13
Bid #2017-01
Cape Canaveral,Florida
CITY:
City of Cape Canaveral,Florida,
a Florida municipal corporation.
Attest: By:
David L.Greene, City Manager
By:
Mia Goforth,City Clerk
Date
City of Cape Canaveral / (Contractor)
Page 13 of 13
[City seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/18/2017
Item No. 5
Subject: Approve Amendment to Work Squad Contract #W1082 between Florida Department
of Corrections and City of Cape Canaveral in the amount of $57,497 and authorize City Manager
to execute Amendment for same.
Department: Public Works Services
Summary: Contract Amendment to Contract #W1082:
• City of Cape Canaveral (Agency) and the Florida Department of Corrections
(Department) Work Squad Contract #W1082.
• Use of inmate labor in work programs, under the supervision of the Department's staff.
• Contract began October 1, 2016 and shall end at midnight on September 30, 2018.
• Contract is in final renewal year.
• Department shall continue to provide up to eight (8) inmates and one (1) Correctional
Officer ten (10) hours per day, four (4) days per week (10 hours per day includes travel
time from East Orlando).
• Department may not provide Work Squad under certain circumstances such as absence
of Correctional Officer due to training,illness,approved leave,poor weather conditions,
etc.
• Physical custody, transport to work sites and inmate security will be the responsibility
of the Department.
• Schedule of work and all associated requirements will be the responsibility of the
Agency.
• Agency annual cost of the contract is $57,497 (includes officer salary, position-related
expenses and administrative costs). The prior year's cost was in the same amount.
Submitting Department Director: Ralph Lotspeich [initials] Date: 4/10/17
Attachment: Amendment to Work Squad Contract #W1082
Financial Impact: $57,497 for Work Squad Contract W1082 between the Florida Department
of Corrections and the City of Cape Canaveral funded by Citywide operational funds. Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/7/17
The City Manager recommends that City Council take the following action: Approve
Amendment to Work Squad Contract#W1082 between Florida Department of Corrections and
City of Cape Canaveral in the amount of $57,497 and authorize City Manager to execute
Amendment for same.
Approved by City Manager: David L. Greene [initials] Date: 4/7/17
Attachment
Amendment to Work Squad Contract
#W1082
CONTRACT #W1082
Amendment# 1
CONTRACT AMENDMENT BETWEEN
THE DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and
the City of Cape Canaveral ("Agency"), to provide for the use of inmate labor in work programs.
This Amendment:
• Renews the Contract for one (1) year pursuant to Section I., B., Contract Renewal; and revises the
end date of the Contract referenced in Section I.,A.,Contract Term; and
• Replaces Addendum A with Revised Addendum A, effective October 1, 2017 pursuant to Section
III.,A.,Payment to the Department.
Original contract period: October 1,2016 through September 30,2017.
In accordance with Section V., CONTRACT MODIFICATIONS,the following changes are hereby made:
1. Section I.,Contract Term.,A., is hereby revised to read:
A. Contract Term
This Contract began October 1,2016 and shall end at midnight on September 30,2018.
This Contract is in its final renewal year.
2. Section HI., A., Payment to the Department, 5., the rate of compensation is amended to reflect the rates
indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A
effective October 1,2017.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 1 of 5
CONTRACT #W1082
Amendment # 1
All other terms and conditions of the original Contract remain in full force and effect.
This Amendment shall begin on the last date of signature by all parties.
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their
undersigned officials as duly authorized.
AGENCY: CITY OF CAPE CANAVERAL
SIGNED
BY:
NAME:
TITLE:
DATE:
FEID#:
DEPARTMENT OF CORRECTIONS Approved as to form and legality,subject
to execution
SIGNED SIGNED
BY: BY:
NAME: Kasey B. Faulk NAME: Kenneth S. Steely
TITLE: Chief, Bureau of Procurement TITLE: General Counsel
DATE: DATE:
Page 2 of 5
Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1, 2017
***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total
Annual Cost Annual Cost
1. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES
TO BE REIMBURSED BY THE AGENCY:
Officers Salary #Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00
Salary Incentive Payment $ 1,128.00 $ 1,128.00
Repair and Maintenance $ 121.00 $ 121.00
State Personnel Assessment $ 354.00 $ 354.00
Training/Criminal Justice Standards $ 200.00 $ 200.00
Uniform Purchase $ 400.00 $ 400.00
Uniform Maintenance $ 350.00 $ 350.00
Training/Criminal Justice Standards * $ 2,225.00
TOTAL-To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
*"Annual cost does not include overtime pay.
IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly Rate
of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average benefit
package provided by the department, represented as time and one half for purposes of this Contract.)
Number Total
Squads Annual Cost
II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats, staff high visibility safety vest, inmate high visibility
safety vest, fire extinguisher,first aid kit, personal protection kit,flex
cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect
repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00
TOTAL-To Be Billed By Contract To Agency $ 750.00
III. ADDITIONAL AGENCY EXPENSES:
Tools, equipment, materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED: YES [X] NO ❑
ENCLOSED TRAILER REQUIRED: YES ❑ NO [ ]
Addendum A Revised 06-02-03/01-12-04 Page 10 of 12
Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1, 2017
Per Unit Number Total Bill To Provided
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency
Hand Held Radio MACOM $4969.00 $ -
Vehicle Mounted Radio MACOM $5400.00
TOTAL Operating Capital To Be Advanced By Agency $ -
Total
V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost
1. Operating Capital -from Section IV. $0.00
2. Grand Total-To Be Advanced By Agency At Contract Signing: $0.00
VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: Total
Cost
1. Correctional Officer Salaries and Position-Related Expenses-from Section I. $56,747.00
2. Other Related Expenses and Security Supplies-from Section II. $750.00
3. Grand Total -To Be Billed To Agency By Contract: $57,497.00
VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: $57,497.00
(Total of Sections V. and VI.)
VIII. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 11 of 12
Addendum A - INSTRUCTIONS
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1082 Effective October 1, 2017
Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed.
By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost"
column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the"Total Annual Cost"
column for" Training/Criminal Justice Standards"after you have entered the "#Officers Multiplier".
Section II. Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing.
The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad
is equipped with a first aid kit and a personal protection equipment(PPE)kit. Section II identifies such required
equipment. A new squad must be sufficiently equipped and an on-going squad must be re-supplied when needed.
Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense
of$750.00 per squad and place the total in Section VI.
Section III. Check"Yes"or"No"to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager.
Section IV. The Department's procedure for Outside Work Squads requires that they have at least one (1)primary means of direct
communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate.
It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them.
If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed. Check the box for the type
of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns. Leave the Total Cost column blank if
a radio(s)is not being purchased at this time. Check applicable boxes("Bill to Agency", "Provided by Agency"and "Already Exists")for
each radio.
NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio
frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY
deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract.
Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out.
Section VI. The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here.
Section VII. The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here.
Section VIII. Any agreement in this area will be billed separately as charges are incurred.
Addendum A Revised 06-02-03101-12-04 Page 12 of 12
City of Cape Canaveral
City Council Agenda Form
[City seal] City Council Meeting Date: 4/18/2017
Item No. 6
Subject: Ordinance No. 04-2017; establishing minimum dimensions for automobile parking
spaces within the City; providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the City Code and an effective date, second reading.
Department: Community Development
Summary: Currently,City Code states an offstreet parking space"consists of a minimum paved
area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto."
This is the only reference in the Code that provides any type of dimensional standard for a
parking space.Note that no minimum width or length for a space is included. This is not typical
of local government codes and creates an opportunity for unconventionally sized parking spaces.
The following table includes the dimensional parking space standards for a sampling of Florida
cities/counties:
Location Width Length Sq.Ft.
Cape Canaveral n.a. n.a. 200
N. Miami Beach 9 18 162
Cocoa Beach 9 20 180
Cocoa 10 20 200
Melbourne 10 20 200
Titusville 10 20 200
Daytona Beach 9 19 171
Lakeland 9 18 162
Ocala 9.5 19 180.5
Brevard County 9 20 180
Parking spaces also vary in dimension by the layout/location of the space. A typical parallel parking
space is 10 feet wide by 24 feet long. This allows for the proper maneuvering of a vehicle. Many
jurisdictions allow for a certain percentage of total parking spaces to be designated as "compact" for
use by smaller vehicles.These spaces can be as small as 16 feet in length and 7.5 feet in width.Angled
parking varies by the angle of the space and the width of the aisle.
Any discussion about the minimum parking space size needs to include an understanding of the size
of today's vehicles. Throughout the last several decades, vehicle sizes have varied and in large part
have changed according to the prevailing gas price. The average mid-size sedan is approximately
71.4 inches by 190 inches. The average SUV is 78.2 inches by 208 inches and the average compact
car is 68.8 inches by 177 inches.
In the 1971 version of the City's Zoning Ordinance, the definition of an offstreet parking space
required a minimum of 200 square feet with minimum dimensions of 10 feet by 20 feet. In 1983,
an offstreet parking space required 200 square feet. There was no minimum width or height.
Also, for property zoned C-1 or M-1, sites that included more than 400 spaces could dedicate
up to twenty-five percent (25%) of those spaces for compact car parking. These spaces could
City Council Meeting
Date: 4/18/2017
Item No. 6
Page 2 of 2
consist of a minimum of 160 square feet. In 1994, the definition read the same as the 1983
version.
As indicated above, today's Code does not provide dimensional standards related to automobile
parking spaces. In response, Staff has prepared Ordinance No. 04-2017 to revise the definition
of a parking space to provide minimum dimensional standards.As proposed, an offstreet parking
space shall be defined as:
Parking space, offstreet, consists of a minimum paved area of 200 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum
dimensions of each offstreet parking space shall be as set forth in Section 110-494.
Sec. 110-94.—Dimensions.
Offstreet parking spaces shall consist of a minimum paved area of 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum
width of each space shall be 10 feet and minimum length shall be 18 feet.
At its February 22, 2017 Regular Meeting, the Planning & Zoning Board unanimously
recommended to City Council the changes indicated in the proposed Ordinance. The Notice of
Public Hearing was advertised in Florida Today on April 6 2017.
Submitting Department Director: David Dickey [initials] Date: 4/10/17
Attachment:
Ordinance No. 04-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/11/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 04-2017 on second reading.
Approved by City Manager: David L. Greene [initials] Date: 4/10/17
ORDINANCE NO. 04-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ESTABLISHING MINIMUM DIMENSIONS FOR
AUTOMOBILE PARKING SPACES WITHIN THE CITY;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE CITY
CODE 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, currently, the City Code provides only that automobile parking spaces shall
have a minimum paved area of 200 square feet, without establishing minimum dimensions for
such parking spaces; and
WHEREAS, the City Council of Cape Canaveral desires to establish minimum dimensions
for automobile parking spaces within the City to ensure future parking spaces are consistent in size
throughout the City and large enough to accommodate average-sized automobiles; and
WHEREAS, the City's Planning and Zoning Board recommended approval of this
Ordinance at its February 22, 2017 regular meeting; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE, BE IT ENACTED 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 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Chapter 110 Zoning
ARTICLE I. — In General
City of Cape Canaveral
Ordinance No.04-2017
Page 1 of 4
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:
Parking space, offstreet, consists of a minimum paved area of [strinke-out 200] 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum dimensions of
each offstreet parking space shall be as set forth in section 110-494.
* * *
ARTICLE VIII—RESIDENTIAL PLANNED UNIT DEVELOPMENTS
* * *
DIVISION 3.—LAND USE REGULATIONS
* * *
Sec. 110-442. - Offstreet parking.
In a residential planned unit development, offstreet parking shall be provided as follows:
(1) For primary residential uses, a minimum of three parking spaces per dwelling unit
shall be provided, unless a reduction in parking is specifically authorized by the city council as
recommended by the planning and zoning board. Each space must contain at least [strike-out 209] 180 square
feet of area, shall conform to offstreet parking dimensional requirements as set forth in section
110-494, and shall be convenient to residential use. Parking areas shall not be separated from
associated structures by any public right-of-way. Parking areas shall be landscaped in accordance
with section 110-567.
* * *
ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2.— OFFSTREET PARKING
* * *
Sec. 110-494.—Dimensions.
Offstreet parking spaces shall consist of a minimum paved area of 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each
space shall be 10 feet and minimum length shall be 18 feet.
City of Cape Canaveral
Ordinance No.04-2017
Page 2 of 4
* * *
ARTICLE X.—A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT
* * *
DIVISION 5.—PARKING
* * *
Sec. 110-671.—Dimensions.
Each space must contain at least 180 square feet of area and shall conform to offstreet
parking dimensional requirements as set forth in section 110-494.
* * *
Section 3. Code Amendment. Chapter 80 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Chapter 80 Vehicles for Hire
* * *
ARTICLE IV.—REGULATIONS
* * *
Sec. 80-82.—Stands, depots,terminals and parking.
(a) Each owner or holder of a certificate of public convenience and necessity shall provide a
stand, depot or terminal at his place of business for off-street parking or garage space of
sufficient size to accommodate each vehicle authorized by such certificate. For the purpose
of this section, [strike-out 200] 180 square feet of lot or floor area meeting dimensional requirements
as set forth in section 110-494, together with approved means of ingress and egress thereto,
shall be deemed to be a minimum parking area or garage space for one vehicle.
* * *
Section 4. 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.
City of Cape Canaveral
Ordinance No.04-2017
Page 3 of 4
Section 5. 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 6. 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 7. 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 18th day
of April, 2017.
Bob Hoog, Mayor
ATTEST: For Against
Mike Brown
Mia Goforth, CMC Robert Hoog
City Clerk Brendan McMillin
Rocky Randels
First Reading: March 21, 2017 Betty Walsh
Advertisement: April 6, 2017
Second Reading: April 18, 2017
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.04-2017
Page 4 of 4
[City seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/18/2017
Item No. 7
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 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, first reading.
Department: Community Development
Summary: As required by Florida Growth Management legislation, the City Comprehensive
Plan and Zoning Code establishes 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 were 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 proposed
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(Ordinance 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 (Ordinance No. 06-2017), 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.
Other multi-family projects, which do not 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
City Council Meeting
Date: 4/18/2017
Item No. 7
Page 2 of 2
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.
The City's Planning & Zoning Board recommended approval of Ordinance No. 05-2017 at its
March 22, 2017 meeting. If approved by the City Council at first reading, the ordinance will be
transmitted to the Florida Department of Economic Opportunity for its review. Upon State
approval, an "adoption" public hearing will be scheduled before the City Council.
Submitting Department Director: David Dickey [initials] Date: 4-10-17
Attachment:
1 - List of Non-Conforming Properties
2 - Ordinance No. 05-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/10/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 05-2017 on first reading.
Approved by City Manager: David L. Greene [initials] Date: 4/10/17
Attachment 1
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
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
THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3
MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2
SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2
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
BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 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
CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2
STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2
MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2
BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2
SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3
PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2
JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3
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
TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3
CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3
CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2
EBB TIDE CONDO APTS 299 E.CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2
THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3
SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2
SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3
SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3
THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3
TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3
ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
SEA SPRAY TOWNHOMES CONDO PH II,III&IV ATLANTIC AVE N 23 23 1.07 1.07 21.50 C-1
CAPE CLUB CONDO 550 JACKSON AVE 16 17 0.80 0.80 21.25 R-3
SAND PEBBLES CONDO 550 FILLMORE AVE 30 30 1.48 1.48 20.27 R-3
THE VILLAGES OF SEAPORT CONDO 8850 N ATLANTIC AVE 559 559 28.85 28.85 19.38 R-2
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
JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3
SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3
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
SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3
THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1
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
MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 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
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
CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2
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 March 22, 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.
City of Cape Canaveral
Ordinance No.05-2017
Page 2 of 5
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 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 strikeout 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, CMC 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
1st Advertisement: ,2017
1st Reading/Transmittal: ,2017
2nd Advertisement: ,2017
2nd Reading/Adoption: ,2017
City of Cape Canaveral
Ordinance No.05-2017
Page 5 of 5
[City seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/18/2017
Item No. 8
Subject: Ordinance No. 06-2017; 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
existing on January 1, 2016; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability and an effective date, first reading.
Department: Community Development
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.
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
City Council Meeting
Date: 4/18/2017
Item No. 8
Page 2 of 2
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.
The City's Planning & Zoning Board recommended approval of Ordinance No. 06-2017 at its
March 22,2017 meeting. For implementation purposes of Ordinance No.05-2017,this becomes
effective immediately upon the adoption of Ordinance No. 05-2017.
Submitting Department Director: David Dickey [initials] Date: 4-10-17
Attachment:
1 - List of Non-Conforming Properties
2 - Ordinance No. 06-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo [initials] Date: 4/10/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 06-2017 on first reading.
Approved by City Manager: David L. Greene [initials] Date: 4/10/17
Attachment 1
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
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
THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3
MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2
SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2
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
BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 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
CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2
STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2
MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2
BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2
SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3
PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2
JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3
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
TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3
CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3
CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2
EBB TIDE CONDO APTS 299 E.CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2
THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3
SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2
SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3
SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3
THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3
TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3
ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
SEA SPRAY TOWNHOMES CONDO PH II,III&IV ATLANTIC AVE N 23 23 1.07 1.07 21.50 C-1
CAPE CLUB CONDO 550 JACKSON AVE 16 17 0.80 0.80 21.25 R-3
SAND PEBBLES CONDO 550 FILLMORE AVE 30 30 1.48 1.48 20.27 R-3
THE VILLAGES OF SEAPORT CONDO 8850 N ATLANTIC AVE 559 559 28.85 28.85 9.38 R-2
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
JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3
SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3
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
SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3
THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1
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
MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 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
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
CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2
Attachment 2
ORDINANCE NO. 06-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD 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 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. 05-2017, 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 existing and completed residential condominium and
townhouse projects and other multi-family/apartment development projects 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
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Ordinance No. 06-2017
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WHEREAS, the City Council recognizes that the planning and preparation of Ordinances
05-2017 and 06-2017 commenced by staff on or about January 1, 2016, and that date will be 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 March 22, 2017, 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 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
City of Cape Canaveral
Ordinance No. 06-2017
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conveyance of land and interests therein, and protecting private property rights, of existing and
completed residential condominium and townhouse projects existing on January 1, 2016.
(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 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 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 existing on
January 1, 2016.
Density means the number of permitted and allowed 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.
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Ordinance No. 06-2017
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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 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) No later than one hundred twenty (120) days from the effective date of Ordinance No. 06-
2017, the city manager shall present to the city council a written catalog of 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;
(5) 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.
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Ordinance No. 06-2017
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(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.
(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
City of Cape Canaveral
Ordinance No. 06-2017
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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
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;
(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;
f11)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
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Ordinance No. 06-2017
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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.
01) 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 Ordinance No. 06-2017 ( , 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.
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
City of Cape Canaveral
Ordinance No. 06-2017
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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. 05-2017 (Comprehensive Plan Amendment) becoming effective. In the event that Ordinance
No. 05-2017 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. 05-2017 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
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1st Advertisement: , 2017
1st Reading: , 2017
2nd Advertisement: , 2017
2nd Reading: , 2017
City of Cape Canaveral
Ordinance No. 06-2017
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