HomeMy WebLinkAboutP&Z Agenda Packet 5-24-2017PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
May 24, 2017
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any
agenda item that is listed on the agenda for final official action by the Planning & Zoning
Board excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The
Planning & Zoning Board will not take any action under the "Reports and Open Discussion"
section of the agenda. The Planning & Zoning Board may schedule items not on the agenda
as regular items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: March 22, 2017
2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX -2017, amending Chapter 98 of the Cape Canaveral Land
Development Code relating to submittal and review procedures for Final Plats and Lot
Splits; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the City Code, Severability, and an Effective Date — City of Cape
Canaveral — Applicant
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX -2017, amending Section 110-470 of the Cape Canaveral
Land Development Code to allow fences and walls six (6) feet in height or less to be
located within fifteen (15) feet of the public right-of-way on a nonconforming corner lot
of record; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the City Code, Severability, and an Effective Date — City of Cape
Canaveral — Applicant
Planning & Zoning Board — Agenda
Page 2
May 24, 2017
REPORTS AND OPEN DISCUSSION:
Coastal Management Element Update - Effective July 1, 2015, F.S. Chapter 2015-69 went
into effect that amends the requirements of the City's Comprehensive Plan, specifically the
Coastal Management Element.
Prior to the new law, each Coastal Management Element was generally required to contain
a redevelopment component that outlines the principles that must be used to eliminate
inappropriate and unsafe development in the coastal areas when opportunities arise. Under
the new law, each redevelopment component must now contain six (6) specific new
requirements.
In response, the City must update the Coastal Management Element to bring it into
compliance with this new law. Staff will prepare a draft ordinance to consider at the June
meeting.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If
a person decides to appeal any decision made by the Planning & Zoning Board with
respect to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend
this Public Meeting. The facility is accessible to the physically handicapped. Persons
with disabilities needing assistance to participate in the proceedings should contact the
Community Development Department (868-1222, ext. 15) 48 hours in advance of the
meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
March 22, 2017
A Meeting of the Planning & Zoning Board was held on March 22, 2017 at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the
meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
Ron Friedman.
MEMBERS ABSENT
Albert Franks, Jr.
Anthony Garganese
David Dickey
Patsy Huffman
Motion by Mr. Pears
carried unanimously.
by Mr. Kittleson to recommend approval. Vote on the motion
2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 05-2017, amending the City of Cape Canaveral
Comprehensive Plan Future Land Use Element by establishing a policy to authorize
City Council to issue vested rights certificates to projects that exceed the current
maximum residential densities — City of Cape Canaveral - Applicant.
Planning & Zoning Board
Meeting Minutes
March 22, 2017
Motion by Mr. Friedman, seconded by Mr. Russell to recommend approval to City Council. The
motion carried 5-1 with voting as follows: Mr. Price, For; Mr. Russell, For; Dr. Fredrickson, For;
Mr. Friedman, For; Mr. Pearson, For; Mr. Kittleson, Against.
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 06-2017, to implement City Comprehensive Future Land
Use Plan Policy LU -1.3.4; providing for amendment to Chapter 115 of the City Code to
establish a procedure and terms and conditions to grant a vested rights certificate
vesting residential densities for completed condominium, townhouse or other multi-
family/apartment development projects legally existing on January 1, 2016 — City of
Cape Canaveral - Applicant.
Mr. Dickey indicated City Attorney Garganese would take the lead on presenting the items to the
Board.
City Attorney Garganese read the entire summary for Item #2 as requested by Mr. Price.
Staff introduced the spreadsheet attached to the agenda packet regarding the 60
condominiums/townhouse projects that currently exceed the allowed density of 15/du acre.
Discussion ensued to include vested rights certificates; timeframes; difference between the two
ordinances; individually owned properties vs multi -family (not individually owned) and the
different processes involved.
City Attorney Garganese explained the strategy of drafting the ordinances and why the need for
two separated, processes are needed.
City Attorney Garganese explained the need for City Council to compile an inventory/catalog of
properties to consider that are eligible for vested rights certificates. Apartments would be
considered on a case-by-case basis when a property owner submits an application. Whereby,
creating an incentive to redevelop dilapidated properties.
Discussion ensued to include when the Comprehensive Plan was established; enforcement of the
Code when there is a violation; properties not in compliance; new properties adhering to the Code;
density regulation (15 units per acre); applying the Comprehensive Plan when properties are
destroyed; protecting property rights of individual property owners; vesting density; changing the
zoning/spot zoning; impact fees and definition of existing projects where CO's have been granted.
Mr. Price opened the meeting to the public at 6:56 p.m.
Hope Turner, a realtor for National Realty spoke regarding a condominium she has listed in Ocean
Park Condo North. Because of the density issue, she has not been able to sell the property. This
has created a hardship for her client. She is requesting the Board approve the recommended
ordinance.
Planning & Zoning Board
Meeting Minutes
March 22, 2017
Nicholas Bykowsky is representing Sumi Ryan, property owner in Ocean Park Condo North and
requests the Board approve. He felt the recommended ordinances are a wonderful solution.
Motion by Mr. Russell, seconded by Mr. Pearson to recommend approval to City Council. The
motion carried 5-1 with voting as follows: Mr. Price, For; Mr. Russell, For; Dr. Fredrickson, For;
Mr. Friedman, For; Mr. Pearson, For; Mr. Kittleson, Against.
Mr. Price closed the meeting to the public at 7:06 p.m.
REPORTS AND OPEN DISCUSSION:
Mr. Dickey stated there was a first reading of Ordinance No. 04-2017 (Parking Space Dimensions)
at the March 21, 2017 City Council Meeting. City Council agreed with the Planning and Zoning
Board recommendation.
ADJOURNMENT:
Motion by Mr. Friedman, seconded by Mr. Russell to adjourn the meeting at 7:10 p.m. Vote on
the motion carried unanimously.
Approved on this day of , 2017.
John Price, Chairperson
Patsy Huffman, Board Secretary
3
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 5/24/2017
Item No. o,
Subject: An Ordinance of the City Council of the City of Cape Canaveral, Brevard County,
Florida, amending Chapter 98 of the City Code relating to submittal and review procedures and
criteria for Preliminary Plats, Final Plats and Lot Splits; creating a procedure for Lot Line
Adjustments; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the City Code, severability, and an effective date.
ent: Community Development (CD
Applicant/Owner: City of Cape Canaveral
Summary: Until 2010, all plats processed in the City followed a two—step process;
preliminary and final plat approval. Each of these steps required a public hearing in front of
the Planning & Zoning Board as well as the City Council. In total, four public hearings were
required to obtain an approved plat.
In 2010, due to the burdensome nature of the platting process, the City created a new process
for platting minor subdivisions of land. The new process, known as a "lot split" allowed for a
"division of a tract of land or lot that would result in the creation of exactly one additional
tract of land or lot." This process condensed the two-step process described above to a single
approval that required one hearing before the P&Z Board and one before the City Council.
The proposed ordinance further streamlines the current platting process in the following ways:
1. Lot Split - a lot split (described above) will only require a public hearing before the City
Council. The City's Development Review Committee will review the request and make
a recommendation to the Council.
The ordinance also redefines the term "lot split" to mean any of the following: a division
of a tract of land or lot that will result in the creation of exactly one (1) additional lot or
tract of land provided the lot or tract of land to be split is a previously platted or legal
description of record; or (2) a small cut-out(s) of a portion of an existing tract of land or
lot for purposes of combining the cut-out(s) in order to better reshape the boundaries of
the affected tracts of land or lots for development purposes.
2. Plat - with respect to a plat, the proposed ordinance replaces the P&Z Board's
recommendation with one from the Development Review Committee for Preliminary
and Final Plat approval. The reasoning is that the plat review process can be
characterized as a technical review to ensure that State and local requirements are met
and a minimum of two months can be shaved off the time to get an approval.
3. Lot Line Adjustment - the proposed ordinance also creates a Lot Line Adjustment
process (Sec. 98-67), whereby minor boundary adjustments, between adjacent parcels,
can be approved without the need to trigger platting requirements. The Section also
establishes application requirements, a review process and additional criteria that must
Planning and Zoning Board Meeting Date: 05/24/2017
Ordinance No. XX -2017
Page 2 of 2
be met prior to approval of a lot line adjustment. In most cases, the affected property
owners will be required to enter into a Unity of Title Agreement with the City.
Attachment:
1 - Ordinance No. XX -2017
2 - Lot Line Adiustment Granhic
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of Ordinance No. XX -2017 to the City Council.
CD Director: David Dickey i � / Date: 5/17/2017
ATTACHMENT 1
ORDINANCE NO. xz-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 98 OF THE CAPE CANAVERAL
LAND DEVELOPMENT CODE RELATING TO
SUBMITTAL AND REVIEW PROCEDURES AND
CRITERIA FOR PRELIMINARY PLATS, FINAL PLATS
AND LOT SPLITS; CREATING A PROCEDURE FOR LOT
LINE ADJUSTMENTS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CITY
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, the City Council desires to streamline and update the requirements and
procedures for consideration and approval of preliminary and final plats and lot splits consistent
with the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council desires to update the criteria for approval of preliminary
and final plats consistent with the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council also desires to create a process for lot line adjustments,
which shall not result in the creation of any additional lots; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at
a duly noticed public hearing held on May 24, 2017, and said Board has recommended approval of
the amendments to the City Code; 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. Amendment to Chanter 2. Chapter 98, Zoning, of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
st-fikee type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Chapter 98. It is intended that the text in Chapter 98, denoted by the asterisks and
City of Cape Canaveral
Ordinance No. xx-2017
Page 1 of 14
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
Chapter 98 Subdivisions
Article I In General
Sec. 98-1.- Definitions.
Plannin,Official means the Community Development Director or his or her designee.
Subdivision means the division of a tract of land into ate three or more lots or parcels for
the purpose of transfer of ownership or building development or, if a new street is involved, any
division of a tract of land. The term "subdivision" includes resubdivision and replatting, and, when
appropriate to the context, shall relate to the process of subdividing or the land subdivided.
Sec. 98-3. - Powers of planning and zoning board.
The eit.. , eil delegates to the ...1.,....:..g and zening L...afd the pewefs expfessed in tL.:�
ehaptef. Reserved.
Sec. 98-4. - Variance.
(a) Hardship. Where the planning and zoning board finds that hardship may result from strict
compliance with this chapter, it may recommend that the regulations be varied so that substantial
justice may be done and the public interest secured; provided that such variance will not have the
effect of nullifying the intent and purpose of the comprehensive plan or these regulations.
(b) Application. Any person owning an interest in any real property may apply to the board -e€
adjustm city council for a variance from these regulations. The application shall €ifst be
submit4ed to the planning and zening board fer- study and wriaen r-erommendation, and shall be
accompanied by a fee established by the city council.
14 days prior- to the bE)afd Fneeting at whieh it is to be eensidered. The bear -d of adjustment shall
hearing an appli^^ti^^ f r ^ vffiviffiiee. The application shall be in such form as approved by the
planning and zen-ing-beams official and shall contain the following minimum information:
(1) The name of the owner of the particular real property.
(2) If the applicant is other than all the owners of the particular property, written consent signed
by all owners of the particular real property shall be attached.
City of Cape Canaveral
Ordinance No. xx-2017
Page 2of14
(3) The legal description of the particular real property, accompanied by a certified survey of
that portion of the map maintained by the tax assessor reflecting the boundaries of the
particular real property.
(4) The current zoning classification, special use classification, with any specified conditions,
or conditional use designation as recorded on the official zoning maps.
(5) The variance from the provisions of this chapter requested plus the basis for the request.
(6) Names and addresses of all property owners owning property within 200 feet of the
particularly property, accompanied by a certified survey or that portion of the map
maintained by the tax assessor reflecting the boundaries of the parcels affected.
(c) Public hearing; notice.
'arming and 'ening bear -d, the beafd of adjustment The city council shall forthwith schedule a
hearing on the application. Notice of the time and place of the public hearing shall be given to the
applicant at least 15 days prior to the public hearing. Notice of the time and place of the public
hearing on the application shall be published once at least 15 days prior to the public hearing in a
newspaper of general circulation within the county. The notice shall contain the name of the
applicant, the legal description of the affected property, the existing zoning classification, special
use classification or conditional use designation and requested variance from the provisions of this
chapter. In addition, a notice containing the aforementioned information shall be posted in the city
hall by city officials, and a notice containing the information mentioned in this subsection,
excluding the legal description but including total affected acreage, shall be posted by the applicant
for the variance on the affected property at least 15 days prior to the public hearing. If the property
abuts a public road right-of-way, the notice shall be posted in such a manner as to be visible from
that road right-of-way. An affidavit signed by the owner or applicant evidencing posting of the
affected real property must be received by the city prior to the time that such matter is heard by
the bee&d of adjustme city council. Failure to provide such affidavit prior to the hearing shall
result in tabling the application for one meeting at cost to the applicant or denial of the request. It
shall be unlawful for any person to remove the notice containing the information mentioned in this
subsection from the affected property or from the city hall. Any person found guilty of violating
this section shall be subject to legal action.
(d) Prerequisites to granting. A variance may be granted when it will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of the provisions of these
regulations will result in hardship; provided specifically, however, that economic or personal
medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify
an applicant for a variance. In order to authorize any variance from the terms of these regulations,
the bea city council shall find all of the following factors to exist:
(1) Special conditions and circumstances exist which are not applicable to other lands,
structures or buildings in the applicable zoning classification; and
(2) The special conditions and circumstances do not result from the actions of the applicant;
and
(3) Granting the variance requested will not confer on the applicant any special privilege that
is denied by the provisions of this chapter to other lands or structures in the identical zoning
classification; and
(4) Literal interpretation of the provisions of these regulations would deprive the applicant of
rights commonly enjoyed by other properties in the identical zoning classification under
City of Cape Canaveral
Ordinance No. xx-2017
Page 3 of 14
the provisions of this chapter and will constitute unnecessary and undue hardship on the
applicant; and
(5) The variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure; and
(6) The granting of the variance will be in harmony with the general intent and purpose of this
chapter and such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
In no case shall the city councilrg ant a
variance which will result in a change of land use that would not be permitted in the applicable
zoning classification.
(e) Conditions. In anting_e€ any variance, the plaming end irg
beard city council may prescribe appropriate conditions and safeguards in conformity with this
chapter and any ordinance enacted by the city. The b city council may also, as
a condition of approval, recommend compliance with any site plan or other specification submitted
by the applicant when it has relied upon such site plan or specifications in granting the variance.
Violation of such conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this chapter. Variances granted from a specific
requirement of this chapter shall be in full force only as long as that specific requirement is in
effect. Furthermore, the board ef adjustme city council may prescribe a reasonable time limit
within which the action for which the variance is required shall be begun or completed, or both.
Sec. 98-5. - Appeals and arbitrations.
(a)
e�3-eeserotls�»��te He -A-33 ° Cede. -Any dil -- i
aggrieved by any final decision of the city council made under section 98-4 shall have the right to
file an appropriate action in a court of competent Jurisdiction.
(b) The beafd of adjustment city council shall not rehear a variance once decided unless an error
in substantive or procedural law is found following the decision, or unless the hadjustment
city council makes a finding based on a presentation by the applicant that new evidence, not
discoverable by the applicant prior to the initial hearing, is found. A different or more effective
presentation or clarification of the same evidence or matters considered at the initial hearing shall
not be grounds for a rehearing before the beaM of adjustmen city council.
Article II Plats and Lot Splits
X X X
Division 1. — Generally
City of Cape Canaveral
Ordinance No. xx-2017
Page 4 of 14
Sec. 98-31. - Division of land; review and approval required; zoning.
(a) Any subdivision of land into two or more parcels shall be subject to the requirements of
this article.
(b) No owner of real property shall sell, offer to sell or lease lots or tracts of land from such
property without first having divided such property in accordance with the requirements of this
article. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be surveyed
by a duly licensed Florida surveyor and approved by the city council by plat or lot split resolution
in accordance with the specific applicable provisions of this article and F.S. ch. 177. No permit
shall be issued for the construction of any building or structure or for an electrical or sewer hookup
on any lot or tract sold in violation of this article; provided, however, that any such violation can
be remedied by complying with the provisions of this article. Additionally, any subdivision or lot
split approved pursuant to this article shall in every respect meet the criteria established elsewhere
in this article and the City Code for the category of zoning and other relevant codes under which
the property is zoned.
Division 3. — Preliminary Plat
Sec. 98-45. - City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98-41 for review by the city staff. City staff shall determine the number of
copies to be submitted for review. Upon receipt of the documents the planning official shall review
and forward to the appropriate city reviewing staff a copy of all documents submitted and such
other documents as deemed appropriate to enable the city reviewing staff to review the application
and either find the application to be sufficient, or point out areas that are inadequate or improper.
The city attorney shall review the title opinion or certification, protective covenants, articles of
incorporation and bylaws and shall make recommendations, if necessary.
(b) Within 30 days, the city reviewing staff will return in writing all comments,
recommendations and questions to the applicant.
(c) Should any comment or recommendation made by a member of the city reviewing staff
require the applicant to revise its submittal, the city reviewing staff shall review the revised
submittal and return all comments, recommendations and questions to the planning official, who
shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the city reviewing staff, the applicant shall
submit revised copies of the plat and other information as prescribed in section 98-41. The number
of copies required shall be determined by city staff. Upon receipt of all documents, the planning
official shall schedule the application for consideration by the plafming and zoning be c�
City of Cape Canaveral
Ordinance No. xx-2017
Page 5 of 14
council and shall recommend, in writing approval approval with conditions or disapproval to the
city council. All recommendations, conditions and changes of the planning official shall be noted
on two copies of the preliminaryplat, which shall be provided to the city council
Sec. 98-46. - Planning and zoning board and eity City council review.
(a) The planning and ,ening beard city council shall review the preliminary plat and other
material submitted for conformity with this Code and may negotiate on changes deemed advisable_
The city council shall vote to either accept, refect, or modifv the planning official's
recommendation. All conditions and changes shall be noted on two copies of the preliminary plat
by the planning official as directed by the city council. and shall feeemmend, in wfiting, it
eL,.,nges ..hall be nete.a n E.,... eapies of the pr-eli ffli...,,.y pI4 by the ehaifmaa f the board
fepfesefitafive.
(b) Upon r-eeeipt of the planning and zoning beard's r-eeemmendatiefl, the eity Gouneil, at theif
next r-egtilafly sehedtiled--ineetingshall vete to either— aeeept, r-ejeeref fneafT bear-d's
feeenifnendatien.
Sec. 98-47. - General criteria for approval.
Prior to the planning official recommending approval to the city
council, applicants shall demonstrate to the planning official, and the
planning area official must find, that the proposed preliminary plat meets the criteria
listed in subsections (a) through (dj) below. Further, prior to approving any proposed preliminary
plat, the applicant must demonstrate to the city council, and the city council must find, that the
proposed preliminary plat meets the criteria listed in subsections (a) through (4j) below.
(a) The application in compliance with the provisions of this article and applicable law.
(b) The application is consistent with the city's comprehensive plan.
(c) The application does not create any lots, tracts of land or developments that do not conform
to the City Code.
(d) The application provides for proper ingress and egress through a public or approved private
street or perpetual cross access easements.
(e) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends in
the neighborhood which have been previously approved by the city council.
(f) The application does not create burdensome congestion on the streets and highways.
W The application promotes the orderly layout and use of land.
(h) The application provides for adequate light and air.
(i) The application does not create overcrowding of land.
(.j) The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services.
City of Cape Canaveral
Ordinance No. xx-2017
Page 6of14
Division 4. — Final Plat
Sec. 98-60. - Application for approval.
Application shall be made for subdivision final plat approval as follows:
(a) Upon the documents required under this division being presented to the city, the planning
official shall review and forward to the appropriate city reviewing staff a copy of all submittals
and such other documents as he or she deems appropriate to enable the city reviewing staff to
review the subdivision and either find the application to be sufficient, or point out areas that are
inadequate or improper. The city attorney shall review the title opinion or certification, protective
covenants, articles of incorporation and bylaws and shall make recommendations, if applicable.
(b) Within 30 days, the reviewing staff will return in writing all comments, recommendations
and questions to the planning official, who shall then forward all documents to the applicant.
(c) Should any comment or recommendation made by a member of the city reviewing staff
require the applicant to revise its subdivision submittal, the city reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the city reviewing staff and revised copies
of the plat, the planning official shall schedule the application for consideration by the planning
and zoning bead city council.
Sec. 98-61. - Planning and zoning board and e City council review; general criteria for
approval.
(a) When all requirements under this division have been satisfied, the planning and zening
beafd will veto to planning official shall recommend approval, approval with conditions, or
disapproval of the subdivision final plat, and these recommendations will be submitted to the city
council at the next regularly scheduled council meeting. The city council shall vote, in r -es . luti ...
€em+, to either accept, reject, or modify the beam planning_ official's recommendation.
(b) Prior to the planning official and zoning bea recommending approval to the city council,
applicants shall demonstrate to the planning official and zoning b , and the planning official
and board must find, that the proposed final plat meets the criteria listed in subsections (1)
through (410) below. Further, prior to approving any proposed final plat, the applicant must
demonstrate to the city council, and the city council must find, that the proposed final plat meets
the criteria listed in subsections (1) through (4LO) below.
City of Cape Canaveral
Ordinance No. xx-2017
Page 7 of 14
(1) The application is in compliance with the provisions of this article and applicable law.
(2) The application is consistent with the city's comprehensive plan.
(3) The application does not create any lots, tracts of land or developments that do not
conform to the City Code.
(4) The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
(5) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends
in the neighborhood which have been previously approved b try council.
(6) The application does not create burdensome congestion on the streets and highways.
(7) The application promotes the orderly layout and use of land.
(8) The qpplication provides for adequate light and air.
(9) The application does not create overcrowding of land.
(10) The application does not pose ansignificant harm to the adequate and economical
provision of water, sewer, and other public services.
Division 5. — Lot Splits
Sec. 98-66. — Lot splits.
The city council may by resolution at a public hearing grant waivers from the platting
requirements of this chapter for divisions of land that constitute a lot split.
(a) Definition.
For purposes of this
section, the term "lot split" shall mean a division of a tract of land or lot that will result in the
creation of exactly one (1) additional lot or tract of land provided the lot or tract of land to be split
is a previously platted lot or legal description of record.
..
e .,ted
o easements
her--,,, der- shall abut_., . ublie a appfeved p eAe
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) if
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(2) Caen lot „« t....,.r „F land
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her--,,, der- shall abut_., . ublie a appfeved p eAe
air- add o st en the lot te be split or- are
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(b) Lot Split Review and Processing. Every lot split shall be processed in the following manner:
City of Cape Canaveral
Ordinance No. xx-2017
Page 8of14
(1) Application. An application form provided by the community development
department shall be completed and filed with the department accompanied with the
following:
a. An application fee approved b the he city council by resolution;
b. One or more paper copies of the proposed lot split as specified in the application
form and an electronic copy if requested b the he department;
c. A statement indicating whether new streets water, sewer, drainage structures
or other infrastructure are required off-site to provide sufficient access or
municipal services to the subject land; and
d. Legal descriptions and acreage of the two proposed lots or tracts of land and a
scaled drawing showing the intended division shall be prepared by a duly
licensed land surveyor registered in the state. If a lot or tract of land contains any
principal or accessory structures, a survey showing the structures on the lot or
tract of land shall accompanythe he application.
e. A title opinion or report of the affected land verifying the record owner(s) and
any mortgage holders.
(City Staff Review.
a_(�} Upon receipt of a complete lot split application, the planning official
shall review and forward to the appropriate city reviewing staff a copy of
same and such other documents to enable the city reviewing staff to review
the application and either find the application to be sufficient or point out
areas that are inadequate or improper. The city attorney shall review the title
opinion or certification.
b. (2) City reviewing staff shall return in writing all comments,
recommendations and questions to the applicant within 30 days of receipt of
applicant's complete application.
c. (-3} Should any comment or recommendation made by the city reviewing
staff require the applicant to revise its submittal, the city reviewing staff
shall review the revised submittal and return all comments,
recommendations and questions to the planning official, who shall then
forward all documents to the applicant.
City of Cape Canaveral
Ordinance No. xx-2017
Page 9of14
d. (44 Upon receiving satisfactory reviews from all of the city reviewing staff,
the applicant shall submit revised copies of the lot split and other
information required by this section. The number of copies required shall be
determined by city staff. Upon receipt of all documents, the planning official
shall schedule the application for consideration by the city council planning
and zening beams.
(e)Public hearings.
(1) The planning and zoning board shall ^ side. a plie tion f r lot split at ^ duly
split to the e4)'eE)Hfleil.
(2) Upon feeeipt ef the planning and zoning boafd's feeammendatien, the The city
council shall, at a duly noticed public hearing, r-eview and eonsider the pIaa ;; ^^a
zening beafd's feeemmenda4ion and sha4 either approve, approve with conditions, or
deny the proposed lot split. Any approval of a lot split shall be by resolution of the city
council.
(4) Review criteria. Before any lot split is ^^mmende,1 for- appy -e al by the
planning and zening boafd or- approved by the city council, the applicant must
demonstrate, and the planning and wing boar- 1 ^r city council must find, that the
proposed lot split meets the following criteria:
a. (!)The proposedlet split is in , iiaa eele ;004-h the provisions of this al4i to
and applieable law. The proposed lot split shall in every respect meets the
criteria established elsewhere in this chapter and the citv code for the
catei2ory of zonine and other relevant codes and applicable law under which
the property is zoned.
b. (The application is consistent with the city's comprehensive plan.
c_(3.}The application does not create any lots, tracts of land or developments
that do not conform to the City Code.
d_(4)The application provides for proper ingress and egress to all affected
properties through a public or approved private street or perpetual cross
access easements.
e. The application is compatible and in harmony with the surrounding
neighborhood including with respect to the size of existing surrounding lots
and development trends in the neighborhood which have been previously
approved by the city council.
City of Cape Canaveral
Ordinance No. xx-2017
Page 10 of 14
f. The application does not create burdensome congestion on the streets and
highways.
g. The application promotes the orderly Igyout and use of land.
h. The application provides for adequate light and air.
i. The application does not create overcrowding of land.
J. The application does not pose any significant harm to the adequate and
economical provision of water, sewer, and other public services.
La(g) Special notice for residential lot splits. Any proposed lot split of a residentially
zoned property shall require special notice be provided to adjacent property
owners at least 14 days prior to the planning and zening be city council
hearing on the proposed residential lot split. Said notices shall be provided by
regular mail to adjacent property owners within 500 feet of the property subject
to the lot split application, and shall include the address and legal description of
the subject property, and the date, time and location of the city council PT=rrrrrrrg
and zeni g board hearing. Notices provided under this subsection are hereby
deemed to be courtesy notices only and the failure to provide or receive said
notices shall not be a basis of appealing any decision made under this section.
Applicants shall be solely responsible for the cost of the notices required by this
subsection.
(kc) Recording. Upon approval of any lot split by resolution of the city council, the pkt
deeum-A- s resolution of the city council shall be duly recorded in the official public records
of Brevard County in aeeardanee with see fi n 98 62 and the lot split shall be reflected on the
appropriate city maps and documents.
(id) Restriction on additional lot split minor plat. No further division of an approved lot split is
permitted under this section, except through the PF01ifflififfy and final plat review and approval
process procedures of this article.
Division 6. — Lot Line Adjustments
Sec. 98-67. — Lot Line Adjustments.
(a) Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels (hereinafter
"lots" or "lot") which may be platted or unplatted and which are under separate ownership or the
City of Cape Canaveral
Ordinance No. xx-2017
Page 11 of 14
same ownership shall be exempt from the platting requirements of this chapter if the lot line
adjustment does not create any additional lot and meets all of the following conditions.
(1) It is demonstrated that the request is to correct an engineering or surveying error in
a recorded plat or is to permit a boundary change between adjacent lots; and
(2) Both landowners whose lot lines are being adjusted provide written consent to the
lot line adjustment; and
(3) Instruments evidencing the lot line adjustment shall be filed in the official records
of Brevard County, Florida, upon approval, and shall indicate that the result of the lot line
adjustment will meet the standards of, and conforms to, the requirements of the city code including
the dimensional requirements of the zoning district and the subdivision in which the lots are
located. However, in cases of an existing nonconforming lot of record, the adjustment shall not
increase the nonconformity of the lot; and
(4) It is demonstrated that the lot line adjustment will not affect the development rights
or permitted density or intensity of use of the affected lots by providingthe he opportunity to create
a new lot(s) for resale or development or by making the density or intensity of any
nonconforming.
The aggregation of multiple lots under common ownership shall not be considered a lot line
adjustment and may be accomplished through a unity of title agreement with the city.
(b) Lot Line Adjustment Review and Processing. Every lot line adjustment shall be processed in
the following manner:
Application. An application form provided by the communitv development
department shall be completed and filed with the department, accompanied with the following_
a. An application fee approved by the city council by resolution;
b. A narrative describing the reason(s) for the lot line adjustment and proposed
reconfiguration;
c. An affidavit by all property owners that they consent to the lot line adjustment and
resulting lot formation;
d. A survey of the original and proposed reconfigured lots prepared by a duly licensed
land surveyor registered in Florida. The survey shall also include:
L The location of any principal or accessory buildings or structures and the
existing and proposed setbacks on each lot;
ii. The existing location of all utilities serving the lots; and
iii. The location of proposed access to the lots, including the location of
proposed access easements;
e. A title opinion or report of the affected land verifying ing the record owners and any
mortgage holders;
f. Where required by the planning official, a joinder and consent from any affected
mortgage holders; and
g. Proposed deeds appropriate to accomplish any necessary property conveyances to
effectuate the lot line adjustment if the lots are under separate ownership.
City of Cape Canaveral
Ordinance No. xx-2017
Page 12 of 14
(2) Review and Criteria. The planning official shall approve, approve with conditions,
or deny the lot line adjustment using the criteria established below:
a. The lot line adjustment shall not result in the creation of any additional lot;
b. The lots resulting after the lot line adjustment shall meet all dimensional requirements
specified for the applicable district as outlined in Chapter 110, Article VII of this Code,
except that in cases of an existing nonconforming lot of record, the adjustment shall
not increase the nonconformity of the lot;
c. The lot line adjustment shall not create a nonconforming setback for any existing
building or structure;
d. All lots modified by the lot line adjustment procedures shall have access in compliance
with the standards established by the City;
e. The lot line adjustment shall not cause lot lines to bisect on-site sewage disposal
systems, prevent adequate access to water supply, obstruct fire lanes, or otherwise
interfere with the provision of utilities or emergency services;
f. The lot line adjustment shall not violate an applicable requirement or condition of a
previous land use action, subdivision, plat, or site plan;
g. All lot line adjustments shall be recorded surveys consistent with the requirements of
gpplicable law. All lot lines being adjusted shall be surveyed, and newly established
lot corners shall be determined;
h. All conditions for a lot line adjustment as established in subsection (a) shall be
satisfied.
c) Unitv of Title. In most cases. the olannin2 official shall reauire the affected nronertv owners
to enter into a unity of title agreement with the City for purposes of creating the new developable
lots resulting from the lot line adjustment. The city manager shall be required to execute the unity
of title agreement on the City's behalf provided the application is in compliance with the provisions
of this section. The planning_ official may determine not to require a unity of title agreement for
insubstantial boundary changes.
(d) Recording. No lot line adjustment shall be recorded unless approved as provided in this
section. The lot line adjustment shall be recorded with the Clerk of Court within 12 months of
approval by the planning official, and one reproducible copy shall be furnished to the community
development department.
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
City of Cape Canaveral
Ordinance No. xx-2017
Page 13 of 14
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 1 Sth day of
July, 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
City of Cape Canaveral
Ordinance No. xx-2017
Page 14 of 14
Attachment 2
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 5/24/2017
Item No. 3
Subject: An Ordinance of the City Council of the City of Cape Canaveral, Brevard County,
Florida, amending Section 110-470 of the Cape Canaveral Land Development Code to allow
fences and walls six (6) feet in height or less to be located within fifteen (15) feet of the public
right-of-way on a nonconforming corner lot of record; providing for the repeal of prior
inconsistent Ordinances and Resolutions, incorporation into the City Code, severability, and an
effective date.
Department: Community Development((
Applicant/Owner: City of Cape Canaveral
Summary: Currently, the City Code includes minimum setbacks that regulate where a
structure can be located on a lot. Specifically, the Code establishes front, side and rear yard
setbacks which vary by the respective zoning district. The minimum side yard setback for all
corner lots, regardless of zoning, is 25 feet.
However, the City Code reduces the side setback to 15 feet for corner, nonconforming lots of
record in the R-2 and R-3 zoning districts. Sec. 110-191 of the City Code defines a Lot of
Record as "a lot which is part of a subdivision recorded in the official record books of Brevard
County, Florida, or a parcel of land described by metes and bounds legal description, the
description of which has been recorded in the official record books of Brevard County, Florida,
and complies with the subdivision of land regulations of the city." That same section of the
Code defines a nonconformity as "...any lot, structure, use of land or structure, or
characteristic of any use or structure which was lawful at the time of subdivision, construction,
or commencement, as the case may be, which over time no longer complies with the City Code
or other applicable law due to a subsequent change of the City Code or other law."
The majority of the nonconforming lots of record were platted prior to the City's incorporation
and have a typical dimension of 50' wide x 125' in depth (6,250 sq. ft.). The R-2 and R-3
zoning districts require a minimum of 7,500 square feet and that the lot be a minimum of 75'
wide. This results in a large number of residential lots not meeting the City's minimum zoning
standards and therefore being unbuildable. To address this issue, Sec. 110-496 sets out certain
development rights for nonconforming lots of record:
Sec. 110-196. — Nonconforming lots of record.
In any zoning district in which single-family dwellings or duplexes are permitted,
a single-family dwelling or duplex, and customary accessory buildings may be
erected, expanded, or altered on any single lot of record, notwithstanding that such
lot fails to meet the requirements for area, width, and/or depth for the applicable
zoning district. This provision shall only apply where yard dimensions and
requirements other than area, width, and/or depth conform in all other respects
with the land development regulations for the applicable zoning district.
Planning and Zoning Board Meeting Date: 05/24/2017
Ordinance No. XX -2017
Page 2 of 2
A related matter that continues to challenge owners of corner nonconforming lots of record is
the erection/placement of a fence. Sec. 110-470 of the City Code states that "In any residential
district, no fence or wall in any side or rear yard shall be over six feet in height or over four
feet in height if within 25 feet of any public right-of-way, unless otherwise specified in this
section." This language limits property owners to the installation of a four foot high fence on
the side yard that fronts the City street. This situation results in a lack of privacy/security for
nonconforming corner lots.
The practical application of this language is that a structure/house (which can be up to 25 feet in
height) on a nonconforming corner lot can be located 15 feet from the side yard property line,
yet a six foot fence is required to be 25 feet from the same property line. The only option for a
property owner is to erect a four foot high fence 15 feet from the property line and stair stepping
it to 6 feet at 25 feet.
The proposed ordinance would allow a six foot fence to be located 15 feet or more from the
public right-of-way.
Attachment: —7
1 – Ordinance No. XX -2017
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of Ordinance No. XX -2017 to the City Council.
CD Director: David Dickey ly Date: 5/17/2017
ATTACHMENT 1
ORDINANCE NO. -2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-470 OF THE CAPE
CANAVERAL LAND DEVELOPMENT CODE TO ALLOW
FENCES AND WALLS SIX (6) FEET IN HEIGHT OR LESS
TO BE LOCATED WITHIN FIFTEEN (15) FEET OF THE
PUBLIC RIGHT-OF-WAY ON A NONCONFORMING
CORNER LOT OF RECORD; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CITY
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Sections 110-297, 110-317, and 110-373 of the City of Cape Canaveral Land
Development Code, respectively applicable to the R-2, R-3, and Townhouse zoning districts,
establish the minimum side yard setback for corner lots of 25 feet, but reduce such side yard
setbacks for nonconforming corner lots of record to 15 feet; and
WHEREAS, Section 110-470(a)(1) of the City of Cape Canaveral Land Development
Code restricts the placement of fences and walls, providing that in any residential district, no fence
or wall in any side yard shall be over four feet in height if within 25 feet of any public right-of-
way; and
WHEREAS, the City Council desires to provide an exception to the restriction on the
placement of fences and walls above four feet tall on nonconforming corner lots of record to reflect
and be consistent with the applicable 15 -foot setback; 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):
City of Cape Canaveral
Ordinance No. -2017
Page 1 of 4
Chapter 110 Zoning
ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. — GENERALLY
Sec. 110-470. — Fences, walls and hedges.
(a) Fences and walls may be permitted in any yard, except as specified in section 110-469,
provided the following restrictions shall apply:
(1) In any residential district, no fence or wall in any side or rear yard shall be over six feet
in height or over four feet in height if within 25 feet of any public right-of-way, unless
otherwise specified in this section;
(2) In any residential district where property abuts a public beach access parking area, the
fence or wall in a side, rear or front yard which abuts the public parking area shall not
exceed six feet in height;
(3) In any commercial or industrial district, no fence or wall in any side or rear yard shall be
over eight feet in height or over four feet in height if within 25 feet of any public right-
of-way. When the boundary of a commercial or industrial zoning district abuts any
residential zoning district, and a fence or wall is used to meet the requirements of section
110-566, the fence or wall shall have a minimum height of six feet and a maximum height
of eight feet;
(4) No wall shall be built along unimproved property boundaries until and unless the owner
has obtained and paid for a building permit for the principal structure;
(5) All concrete boundary walls are to be finished by stuccoing or painting in neutral colors
at the time they are constructed. All fences shall be constructed or installed such that the
finished side faces abutting properties or public rights-of-way. If chain-link is used for
fencing, the same must have a top rail and the rail and chain-link must be coated in a
rubber or vinyl material; and
(6) No words or symbols, other than street addresses and names of occupants in residential
districts, shall be permitted on exterior boundary fences or walls, except a small sign, not
to exceed 32 square inches, may be attached identifying the fence manufacturer or
installer. If there are such nonallowed words or symbols, they shall be covered or removed
within seven days of notification to the owner by the city.
(7) Notwithstanding Section 110-470(a)(1) above, in the R-2, R-3 and Townhouse districts
on nonconforming corner lots of record, fences and walls may be to six feet in height
if constructed or installed in the side yard and are 15 feet or more from the public right-
of-way.
(b) Hedges may be permitted in any yard, except as specified in section 110-469 of this code,
provided the following restrictions shall apply:
City of Cape Canaveral
Ordinance No. -2017
Page 2 of 4
(1) Any hedge planted to satisfy the visual screening requirements provided within section
110-566 of this Code shall have a minimum height at time of planting of three feet and
will be required to reach a minimum height of six feet, unless otherwise provided by this
chapter, and a density of at least 80 percent opacity within two years of planting;
(2) No hedge planted to satisfy the visual screening requirements of section 110-566 of this
Code and located adjacent to a property boundary shall exceed four feet in height if within
25 feet of any public right-of-way;
(3) Any hedge located adjacent to any public right-of-way, sidewalk or easement utilized for
public purposes shall be set back a minimum of three feet from the property line or
easement boundary to ensure such hedge will not encroach into or impede the use of such
public right-of-way, sidewalk or easement;
(4) Any hedge planted or otherwise established in accordance with this chapter shall be
comprised of a desirable species of vegetation as defined in chapter 102 of this Code, as
may be amended from time to time; and
(5) All hedges shall be maintained in accordance with Chapter 34 of this code and all other
applicable statues, ordinances, and regulations affecting landscaping and vegetation.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
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 July,
2017.
Bob Hoog, Mayor
City of Cape Canaveral
Ordinance No. -2017
Page 3 of 4
ATTEST:
Mike Brown
Mia Goforth, CMC Robert Hoog
City Clerk
Brendan McMillin
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. -2017
Page 4 of 4
For Against