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Home My WebLink About2017 Comprehensive Plan AmendmentCity of Cape Canaveral Community Development April 21 , 2017 Ray Eubanks, Plan Processing Administrator State Land Planning Agency Caldwell Building 107 East Madison -MSC 160 Tallahassee, FL 32399-4120 RE: Transmittal of the City of Cape Canaveral Comprehensive Plan Amendment Dear Mr. Eubanks: This letter is for the purpose of a transmittal of a proposed comprehensive plan amendment from the City of Cape Canaveral, which includes required statements, support documents and information pursuant to Florida Statues, Chapter 163. By copy of this transmittal letter, a complete amendment package is also being sent to each of the following review agencies: Florida Department of Transportation District 5, East Central Florida Reginal Planning Council, St. Johns River Water Management District, Florida Department of Environmental Protection, the Department of State and Brevard County. The transmittal package includes one ordinance; the summary as follows: City Ordinance No. 05-2017 -an amendment to 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 (Ordinance No. 06-2017 - attached) by the City Council consistent with this Ordinance. The City Planning & Zoning Board at its regularly scheduled meeting on March 22, 2017 recommended approval of the ordinance to the City Commission. The City Commission at its April 18, 2017 regularly scheduled meeting held a transmittal hearing at which time it voted to transmit this ordinance to the Florida Department of Economic Opportunity. The transmittal public hearing was held at the Cape Canaveral Public Library, which is located at 201 Polk Avenue, Cape Canaveral, FL 32920. Property affected by the ordinance is not in an area of critical state concern nor is it subject to a joint planning agreement. Mailing Address: P .0. Box 326 Physical Address: 110 Polk A venue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 -Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org R. Eubanks. April 21 , 2017 Page 2 of2 The proposed amendment in submitted under the expedited state review process. A copy of the complete amendment package was mailed/emailed on April 21, 2017, to the designated review agencies as specified earlier in this letter. The Cape Canaveral Community Development Department, located at 110 Polk A venue, Cape Canaveral, FL 32922, is the designated location for public inspection of the transmittal package. Should you have any questions or need additional information related to this matter, please contact me at (321) 868-1222, ext. 11. [J}'l.fJ David Die~ Community Development Director Attachments: Notice of Public Hearing Ordinance No. 05-2017 including Staff Report with attachments Ordinance No. 06-2017 including Staff Report with attachments cc: Fred Milch, AICP, East Central Florida Regional Planning Council Jean Parlow, FDOT District 5 Steven Fitzgibbons, St. Johns River Water Management District Suzanne Ray, Department of Environmental Protection Denna Woodward, Department of State, Bureau of Historic Preservation Tad Calkins, Brevard County Planning & Development Department Anthony Garganese, City Attorney David L. Greene, City Manager Mia Goforth, CMC, City Clerk Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 -Fax (321) 868-1247 www .cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org CITY OF CAPE CANAVERAL A TIN: FINANCE DEPT 105POLKAVE CAPE CANAVERAL, FL 32920 STATE OF FLORIDA COUNTY OF BREVARD: Before the undersigned authority personally appeared Kl!fl CulTo, who on oathJ1ay~.beN ~. is a LP,Oal Atlvertising Representative of the FLORIDA TODAY , a daily newspaper published in Brevard County, Florida that the attached copy of adverti$ement, being a Legal Ad in the matter of Notice Pubic Hearing as published in FLORIDA TODAY in the issue(s) of: Affiant further says that the said FLORIDA TODAY is a (.newspaper in said Brevafd County, Florida and that the "'~ newspaper has heretofore .been cont)nuousty .:JllJblished in said.Brevard County, Florida each day and tias been entered as periodicals matter at lhe post office in UELSOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy cit ad\lertisement; and affiant further says that he or she has never paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose or securing this advel1isement for publication in the said newspapet. swam to and ·Subsmbed before me this 9th ot March 2!1-'.t7, by KlmCi.rrl:i ~;Ji~. pe!i~ny. ki'te','tli lo rne My Commission expires January 30, 2018 ,I,~ I ,, ', f .. J , .., '*•.~i, ' .... s ~~· 4 .. ft, J. A~~~ : !' ' .,,,· ~f ;; "' .,!, .,.,,.I".~ ·,.... Pubti\,atlon Cost $1'93.().if· ,_;1.r ;,; · '.· ,,,,i:..-. '-•.·~ ·i"" Ad.'.No:.8001978597 · ;)'JUi'N{l'>14 ,>i•.ll t..~!::l ,;•·qi,. '~No: BRE-6Ci2oW-C',,;"J1/l '" .• ~:..,~U,t.•.f t;.;~ ~. C A Daily Publication By: ~, ' • r,..,:-f<JiQ ~.t-::;11;.~ ... ;i_t'lff. ft"; .... RUBY ROVER ,., NOTARYPUBllC STATE OF FLORIDA eanm# FF088043 Expires 1/3012018 City of Cape Canaveral City Co11ncil Agenda Form C1ty Council Meeting Date: 4/18/Z017 l~mNo. 7 Subjett: Ordinance Np. 05-2017; amending the City of Cape Canaveral Comprehensive Plan FtltW'e Land Use Element by establishing a policy u>"authorize the City Council ·to issue Vested Rights Ccrtmcates vesting residential densities for certain existing condominium, townhouse, or other multi-family devefopment projects that exceed the cwrent maximµm residential densities established in the Comptehensive Plan in accordance with the terms and oonditions of Land Development Regulations to be subsequently adopted by the City,Council consistent with this Oniinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability,, incotporation into the Comprdiensive Plan, an effective date and l~ status of the 'PJan amendments, fitst ~g. · · . artme.nt: Communi . Develo ent Summary: As. required by Florida Growth Management legislation, the City Comprehensive Plan and 2.orung Code establishes maximum residential density~ for each of~ City's ,zoning distri~ Currently, the muimum density allowed in the City for residential dey,elopment is 15 units per acre, However, th~ exists in the City approximately sixty (60) ~C$ that ,exceed this st:andatd to varying degrees (see Attachment l). As a result, these properties are defined as non-conforming and are: subject to certain Cod~ limitations; notably, that .if a non- confonning sttuctQre·is destroyed (defined as damage by any means such that the co.st to repair or reconstruct exceeds 50 percent of the fair market value), the structure is required to meet C\11Tfflt Codes-inctuding densityrequirCJnent$ of the underlying ZQnjng district; This ~ay l'C$Ult in a situation that if a non-confonning .structure were destroyed, all of the units (X)U)d not be rebuilt. This ,has ~ted in underwriting issues for units for sale within the noo,-,collfonning structures. To address this situatio~ two ordinances hav~ been prepared. Together, Ur* proposed ordinances will ~end the Comprehensive Plan and Land Development Regulations. (I;J)Iu,) to permit the City Council to vest preexistingteSidentiaI condo, townhouse andothei:multi .. family development projects fr-0m the maximum residential densitY of 15 dwelling units pet acr:e. The enabling provisien is contained in the Comprehensive Plan Ordinance (Otdinanee No. 05~2017) and will provide a vehicle to determine that certain residential densities (> 15 du/acre) are CQMistent with the Comprehensive Pbm without revising the current established :maximum 'tesidential density limits. The second Oltlinance (Ordinance No. 06-2017),, implements the new Comprehensive Plan policy by amending the City's LDRs by creating a proces., to ves,teligihle residential projects. These actions are being taken to, preserve individual property rights and are admini$bti:ve 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 prep~ed by the Brevard Comrty 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-fiµnilypro,jects, which do not have ~dividually owned units, may·be vested at the discretion of the City Council by development agreement, if the property owner prQPQSeS a new, major redevelopment project ,for the subject property. As propo~, the ordinance would awaidanewresidentialormixeduse ro'ectwithu to 100 tofthe reexistin ,,residential City Council Meeting 0ate:41ta1to11 ItemNo. 7 . Page2~f2 density, if an ~pplication is filed within 5 years of the adoption of~ subject ordinance. If an application is filed between S and 10 years of th.e adoption of the subject ordinance, up to 75 percent of the preex.,isting residential density could be rebuilt After 10 years, up to 50 percent of the-~ de$ty C()uld be rebuilt. Thi~ sectiol) is written as an econonijc ~tive to redevelop the subject property. The proposed ordinances 'establish January 1, '2016 as lbe benchmark to detennjne 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. 05-2011 at its March 22, 2017 meeting. If approved by the City Council at first reading. the ordinan~ will be transmitted to the Florida Department of Economic Opportunity for its review~ Upon State approval, an "adoption" public bearing will be scheduled before the City Council. Submi Attadlment: 1 -List of Non-€onfonning Properties 2 -Ordinan«No. os~2011 Date: ~,D · it Finandal lmpatt: Cost of Ordinance preparation, advertisement co.difi~tion and. Staff time and effort to prepare this Agenda Item. · Revi~wed by Admta,strative/Financial Services-Director; John DeLeo Date: Tire City Manage-r recommends that City Council Ad,opt Ordinance _No. 05-2017 on. first reading. David L. Greene c)~ Dat~: Attachment 1 Condo Name Address Units Total Units 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 TOWN HOMES CONDO PH 11, Ill & 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 Ill 300 COLUMBIA DR 38 2.05 R-3 JOHNSON ARMS CONDO 420JOHNSON 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 Ill 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 lA 8964-84 PUERTO DEL RIO DR 29 342 1.80 22.20 15.41 R-3 PUERTO DEL RIO CONDO PH lC 8964 PUERTO DEL RIO DR 47 3.65 R-3 PUERTO DEL RIO CONDO PH lD 8934 PUERTO DEL RIO DR 32 2.46 R-3 PUERTO DEL RIO CONDO PH lE 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 38 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 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 TIDS 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. Attachment 2 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 I ofS 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 of5 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 of5 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 ofS 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. ----- ATTEST: Mia Goforth, CMC City Clerk Bob Hoog, Mayor Mike Brown 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: 1st Readingffransmittal: 2nd Advertisement: 2nd Reading/Adoption: ----, 2017 ----' 2017 ----' 2017 ----' 2017 City of Cape Canaveral Ordinance No. 05-2017 Page 5 ofS For Against City of Cape ·canav,eral City Council Agenda Form City Council Meeting Date: 4/18/2-017 ltemNo. 8 Subject: Ordinance No. 06-2017; adopted to implement City Coinptehensive Plan Fu~ Land Use Policy LU-l .3A; providing for an amendment to Chapter 115 of the City Code to establish a .procedµre and terms aqd conditions under which the City Council will d,ete,nnine whether to ·grant and issue a ·vested Rights Certificate vesting the resid.ential. densities of a ·completed TC$idential CQndominium, townhouse or other multi-family/apartment development projects existing on January 1, 2016; proyiding for the repeal of prior inconsistent ordinances an4 resolufions;'incotporation into the Code; severability mid an effective date,. first reading. · artment: Cot¢n· · Develo ment Sanrmary: As ~ hy Florida Growth Management legislation., the City Comprehensive Plan and Zoning Code establish maximum residential density standlrds for each of the City's zoning distri$. Currently, the maximum density allowed in the City for nmdential development is 15 units per ac.re. However, there exists in the City approximately sixty (60) properties that C}X:teed'tbis standam to varying degrees (see Attachment 1). As a.result. these p,r.operti.es are defined as non.:conforming and v.e subject to certain Code limitations;, notably, that if a non- confonning structure is destroyed ( defined as dan1age by any means such that the cost to repair or :reconstruct exceeds 50 pen:ept of the fair market value), the structure is required to tneet ctll'l'ent codes-mctuding density requirements of ,the underlying zoning district.. This:may result in a situation ~ if a non-conforming structure. was destroyed, an of the units could not be rebuilt. This has. resulted in underwriting issues for units for sale within 1he non-conforming sttu¢tu:res. To address this. situation, two. ordinances have been prepared. Together, these ordinances will amend the Compteh(:llSive Plan and Land Development Regulations (LDRs) to permit the City Council to vest preexisting remdential condo, townhouse and other multi-family dev.elopment projects from the ·maximum residential density of 15 dwelling units per acre. The enabling provisi® is contained in the Comprehensive, Pl.aw Ordinance (Old. No. OS-2017) and will provide a vehicle.to determine that certain nmdential densities (>15 du/acre) are consistent with the Comprehensive Plan without m'ising the, current established maximum resi~tial density limits. The sec()nd ordinance (Ord. No. 06-2017 -see Attachment Z), implements-the new .C~prehensive Plan policy by .amending the City's LDRs by creating a process to vest eligiole re.,idential ·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. O,ndos appear to.be the heart of the problem based upon the list of non-confomting properties prepared by the Brevard County Property Appraiser's Offit». • The City M~ger win be required to prepare a catalog of eligible properties fot the City ·Council's consid,eration before a vested rights certificate can be issued. Other multir-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 tnixed 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 a lication is nled between 5 and . 1 O ears of the ad · ~n of the sub· ect ordinance, u to 75 City C<>uncil Meeting Date: 4/18/2017 ltemNo. 8 --'----.Page2of2 .percent of the preexisting resid~tial density could be rebtmt After 10 years, up to SO percent of the,.preexisting density could be rebuilt. This section is written as .. economic in®ntive to redevelop the subject property. The proposed ordinances establish January 1, 2016 as the bencJunark to determine which projects are eligi'ble for vesting, Projects reviewe.cl after this date were reviewed against the density s~ of 15 units per acre establishe.cl by·the City Codes. The City's Planning &, Zoning Board recommended approval of Ordinance No. 06-2017 at its .March 2,2, ·2017 ~eeting. For implementation purpo,SCS of Ordinance No. 05-2017,, ,this, becomes effecti\teimme.ciiatelyupon the adoption of Ordinance No. 05-2017. Date: Attaclunent: 1 -List of Non-Conforming Properties 2-0rdinance No. 06-2017 Financial Impact: Cost of Ordinance preparation, advertisement; codification and. Staff time ,and effort to prepare this Agenda Item. Reviewed by· Admioistrati'f'e/Einaneial Serrica Dir · or: John Deleo Date: the foDowing action: The City Manager :recollllilends that City CooncU tak Adopt Ordinance No. 06-2017 on first reading. David L Greene lJ )k>, Date: ~ Attachment 1 Condo Name Address Units Total Units 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 TOWN HOMES CONDO PH II, Ill & 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 Ill 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 Ill 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 lC 8964 PUERTO DEL RIO DR 47 3.65 R-3 PUERTO DEL RIO CONDO PH lD 8934 PUERTO DEL RIO DR 32 2.46 R-3 PUERTO DEL RIO CONDO PH lE 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 38 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 City of Cape Canaveral Ordinance o. 06-2017 Page 1 of8 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. (a) 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 Page 2 of8 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 r~ghts 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. City of Cape Canaveral Ordinance No. 06-2017 Page 3 of8 Residential condominiumproiect 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 proiect 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 ofa unit means a record owner of legal title to a condominium or townhouse unit. Sec. 115-16 Residential Condominium or Townhouse Proiects. (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. City of Cape Canaveral Ordinance No. 06-20 17 Page 4 of8 (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 (l 0) 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 Page 5 of8 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: (l) 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; (l 0) At a minimum, a conceptual redevelopment site plan, drawn to scale and prepared by a licensed and duly qualified engineer or architect. Said plan shall also include a comprehensive set of proposed building elevations, in color, of all proposed buildings and substantial hardscape amenities. In addition, said plan shall include a proposed construction schedule including any applicable demolition and building plan, and an estimated construction budget for all anticipated new capital in building improvements and taxable personal property; (11) Any supporting information, including development orders and permits, studies, contracts, letters, appraisals, reports, or any other documents, items or things upon which the owner and/or developer believes is necessary to demonstrate that the existing residential densities on the subject property should be vested pursuant to this article in City of Cape Canaveral Ordinance No. 06-2017 Page 6 of8 conjunction with the completion of a new, major residential and/or mixed use project; and (12) Any other information reasonably required by the city manager and city council. (d) Upon receipt of a completed application, the application for vesting shall be processed simultaneously with the underlying development permit application for the proposed new, major residential and/or mixed use redevelopment project through the applicable city land development review process, provided said project shall be subject to the approval of a development agreement by the city council. The development agreement shall be subject to negotiation by the city and the owner/developer and shall contain the required terms and conditions of the project and the residential densities vested by the city under this section. In all cases, the residential density vested rights granted under this section shall only vest at such time the residential units are constructed and a certificate of occupancy is issued. The development agreement shall be executed by the subject property owner and the mayor and the mayor's signature shall be attested to by the city clerk, who shall also emboss the certificate with the City seal. (e) The development agreement approved and executed in accordance with this section shall be recorded by the city clerk in the Official Public Records of Brevard County, Florida. Upon being recorded, the recorded the agreement and the residential densities vested under the agreement may be relied upon by the current and future owner(s) and mortgage holders of the subject property. (f) If the completed application is filed with the city within five (5) years from the effective date of 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 (I 0) years, the maximum residential density shall not exceed fifteen (I 5) 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 Page 7 of8 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. ------------ ATTEST: Mia Goforth, CMC City Clerk Bob Hoog, Mayor Mike Brown 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: 1st Reading: 2nd Advertisement: 2nd Reading: ___ ,2017 ___ .,2017 , 2017 ----___ ,2017 City of Cape Canaveral Ordinance No. 06-2017 Page 8 of8 For Against