HomeMy WebLinkAbout06-20-17 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
June 20, 2017
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public hearing
items which are heard at the public hearing portion of the meeting,ministerial items (e.g. approval of
agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit
their comments to three (3) minutes. The City Council will not take any action under the "Public
Participation" section of the agenda. The Council may schedule items not on the agenda as regular
items and act upon them in the future.
PRESENTATIONS/INTERVIEWS:
6:15p.m. 6:25p.m.
Interview Applicants for appointment to the Business and Economic Development Board. (Jared
Saft and Don Willis)
CONSENT AGENDA:
6:25 p.m. — 6:30 p.m.
1. Approve Minutes for May 16, 2017 Regular City Council Meeting.
2. Resolution No. 2017-07; appointing Members to the Business and Economic Development
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability and an effective date. (Jared Saft and Don Willis)
3. City Council accept Library Board annual report for FY 15/16 as prepared by Library Staff.
PUBLIC HEARINGS:
6:30 p.m. 6:50 p.m.
4. Ordinance No. 05-2017; amending the City of Cape Canaveral Comprehensive Plan Future
Land Use Element by establishing a policy to authorize the City Council to issue Vested
Rights Certificates vesting residential densities for certain existing condominium,
townhouse, or other multi-family development projects that exceed the current maximum
City of Cape Canaveral, Florida
City Council Meeting
June 20, 2017
Page 2 of 3
residential densities established in the Comprehensive Plan in accordance with the terms
and conditions of Land Development Regulations to be subsequently adopted by the City
Council consistent with this Ordinance; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an
effective date and legal status of the Plan amendments, second reading.
5. Ordinance No. 06-2017; adopted to implement City Comprehensive Plan Future Land Use
Policy LU-1.3.4; providing for an amendment to Chapter 115 of the City Code to establish
a procedure and terms and conditions under which the City Council will determine whether
to grant and issue a Vested Rights Certificate vesting the residential densities of a
completed residential condominium, townhouse or other multi-family/apartment
development projects existing on January 1, 2016; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability and an
effective date, second reading.
6. Ordinance No. 07-2017; adopted in furtherance of the requirement set forth in Section
2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $6,200,000
Capital Improvement Revenue Note, Series 2017, of the City to finance the cost of a
Multigenerational Center, Cultural Arts Preservation Enrichment (CAPE) Center and
related Capital Improvements; providing for the Series 2017 Note to be secured by the
City's Public Service Tax, Half-Cent Sales Tax, Guaranteed Entitlement and certain
Franchise Fees; authorizing the City's Financing Team to proceed to develop necessary
documents; providing for the repeal of prior inconsistent ordinances and resolutions or
parts of prior inconsistent ordinances and resolutions in conflict herewith; severability and
an effective date, first reading.
7. Ordinance No. 08-2017; amending Chapter 98 of the Cape Canaveral Land Development
Code relating to submittal,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 Code, severability and
an effective date, first reading.
8. Ordinance No. 09-2017; 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 Code, severability and an effective date, first reading.
ITEMS FOR ACTION:
6:50 p.m. 7:00 p.m.
9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager David L. Greene.
City of Cape Canaveral, Florida
City Council Meeting
June 20, 2017
Page 3 of 3
10. City Council designate one (1) City Official to be the Voting Delegate at the 91st Annual
Florida League of Cities Conference scheduled for August 17-19, 2017 — World Center
Marriott, Orlando, Florida and decide if it wishes to propose resolution(s)for the League's
consideration.
REPORTS:
7:00 p.m. 7:10 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at this
meeting,that person will need a record of the proceedings,and for such purpose that person may need
to ensure that a verbatim record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does
it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible
to the physically handicapped. Persons with disabilities needing assistance to participate in the
proceedings should contact the City Clerk's office (868-1220 x220 or x221)48 hours in advance of
the meeting.
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicants for appointment to the Business and Economic Development
Board. (Jared Saft and Don Willis)
Department: Economic Development
Summary: Mr. Lenny Johnson and Mr. Jim Massoni recently submitted letters of resignation
from the Business and Economic Development Board, leaving the Board with two vacancies.
At the May 9, 2017 Business and Economic Development Board meeting, the Board interviewed
and unanimously recommended the following two new appointments to the Business and
Economic Development Board:
• Mr. Jared Saft to fill Mr. Lenny Johnson's vacated term (through November 1, 2017). Mr.
Saft is a Hospitality Industry Executive and Real Estate Investor, lives in Orlando, his
company owns Carvers Cove RV Resort and his application (Attachment 1) indicates he
has expertise in running a $150M hospitality division and possesses real estate investment
experience. Per City Code of Ordinances Sec. 2-171(d), the Business and Economic
Development Board is not subject to the general limitation on the number of nonresidents
serving on boards, provided that two board members are residents. Board Chair Omar
Capellan and Board Members Mark Derman and Andrew Serafin are all residents.
• Mr. Don Willis to fill Mr. Jim Massoni's vacated term (through November 1, 2018). Mr.
Willis is an owner of Porter Willis, Inc. and a software Developer/Consultant. His
application (Attachment 2) indicates his interest in being involved in the community, its
growth and development.
Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to
serve on a board or committee of the City shall complete interviews with the Board or Committee
on which the person is seeking appointment and with the City Council.
Based on these two interviews and the Applicants' interest in the Business and Economic
Development Board,the Board recommends both be appointed by.City Council. (Attachment 3)
Submitting Department Director: Todd Morley Date: 6/5/17
Attachments:
1 —Jared Saft Application
2—Don Willis Application
3—Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/5/17
The City Manager recommends that City Council take the following action:
Interview Applicants Jared Saft and Don Willis.
Approved by City Manager: David L. Greene Date: 6/5/17
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
RECEIVED
A. GENERAL APR 19 2017
1. Applicant Name: Jared Saft CCO DR
2. Home Address: 9163 Point Cypress Dr Orlando FL 32836
3. Home and Cellular Telephone: 561 -927-9000
4. Occupation: Hospitality Executive & Real Estate Investor
5. Business Telephone: 407-355-1307
6. Business Address: 5601 Windhover Drive Orlando FL 3281
7. E-Mail: jared_saft@wgresorts.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) (N) X
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N) X
3a. Are you a Business owner: (Y) X (N)
3b. If yes to 3a, please list the name: Carvers Cove RV Resort
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction?Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) X
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) X
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initiaIs
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I believe my expertise in running a $150 million hospitality division
and avid real estate investor would be of benefit to the local community
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. 1 Business and Economic Development Board
c. Code Enforcement Board*
d. Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
i. Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
I worked in the US Congress as an Aide to Congressman
Robert Wexler
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
I have my Masters from Brown University in Public Policy and have been an Executive at
one of the largest hospitality companies in Florida for eleven years.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE GENDER
African-American X Male
Asian-American Female
Hispanic-American Not Known
Native-American
X Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at 1) 868-1220 ext. 221.
Signature: Jared Saft Date: 4/17/17
Please return to: City of Cape Canaveral
Otfjce of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
'Date application received: 4-19-2017
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
e-mailed
Recieved 8-5-14
AUG - 5 2014 Attachment 2
MG Admin
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OF COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: Donald Andrew Willis (Don)
2. Home Address: 8964 Puerto Del Rio Dr. 301,
3. Home and Cellular Telephone: 336-209-6873
4. Occupation: Software Developer/Consultant
5. Business Telephone: 336-209-6873
6. Business Address: 220 Webster Road, Graham, NC 27253
7. E-Mail: don.willis@Porterwillis.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) ✓ (N)
3b. If yes to 3a, please list the name: Porter Willis, Inc.
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction?Any plea
of nolo contendere(no contest) shall be considered a
conviction for purposes of this question. (Y) (N) ✓
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) ✓
5b. If yes to 5a, please list each:
Page 1of3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) ✓
7b. If yes to 7a, please provide name(s)of person(s)and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I am very interested in being involved in the community and it's growth and development
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. 3 Board of Adjustment*
b. 1 Business and Economic Development Board*
C. Code Enforcement Board*
d. Community Appearance Board*
e. 4 Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. 2 Planning and Zoning Board*
L Other:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
No prior governmental board, I have served as a board of directors member for a private school.
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Vice president of sales and marketing for a software company. Owner of Porter Willis, Inc for past seven years, business consultant, software developer/architect, business development.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American ✓ Male
Asian-American Female
Hispanic-American Not Known
Native-American
✓ Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at(321)868-1220 ext. 221.
Signature: Donald Willis Date: 5 August 2014
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 3
Economic
Development
Memo
TO: Cape Canaveral City Council
VIA: David L.Greene,City Manager
FROM: Todd Morley,Economic Development Director
DATE: May 25,2017
RE: Recommendation to the City Council Regarding Prospective Business and
Economic Development Board Members Jared Saft and Don Willis
At the May 9, 2017 Business and Economic Development Board meeting, the Board
interviewed and unanimously recommended the following two new appointments to the
Business and Economic Development Board:
• Mr. Jared Saft to fill Mr. Lenny Johnson's existing, unexpired term which expires
November 1,2017; and for a term to expire on November 1,2020.
• Mr.Don Willis to fill Mr. Jim Massoni's existing,unexpired term which expires
November 1,2018; and for a term to expire on November 1,2021.
1
Item No. 1
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
May 16,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M.Mayor Pro Tem McMillin
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Cultural Programs Manager/Staff Historian Molly Thomas
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriff's Office Commander Alan Moros
Cape Canaveral Volunteer Fire Dept. Captain Derek Yossifon
PUBLIC PARTICIPATION: John Benton, 301 Imperial Boulevard, shared his concerns
regarding the June 2014 Code Enforcement Board Meeting.
Abby Johnson, Intergovernmental Coordinator, Governmental Affairs Programs, St. Johns River
Water Management District, introduced herself as the new Coordinator for Brevard County,
offered to arrange a presentation and explained the District is here to partner in water conservation
and natural systems projects with the City.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2017
Page 2 of 4
PRESENTATIONS/INTERVIEWS: Proclamation designating Saturday, June 3, 2017 as
"Tracey Lynn Bagwell Day": Mayor Hoog read aloud and presented the Proclamation to friends
and family of Tracey Lynn Bagwell. The group distributed material regarding the Tracey Bagwell
Foundation's charitable event benefitting the Children's Home Society of Florida.
Interview Applicant for appointment to the Code Enforcement Board. (Inez Stone): City Attorney
Garganese asked Ms. Stone if the information on her application was true and correct to which she
responded in the affirmative. He inquired if she felt comfortable adjudicating matters and imposing
fines on individuals who have to pay them to which she responded in the affirmative. Council
Members addressed Ms. Stone and thanked her for volunteering.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion. A motion was made by Council Member Randels, seconded by Mayor
Pro Tem McMillin,to approve Items #1,#2 and #4 and desired clarification for Item #3.
1. Approve Minutes for April 18, 2017 Regular City Council Meeting.
2. Resolution No. 2017-06; appointing a Member to the Code Enforcement Board of the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability
and an effective date. (Inez Stone)
3. City Council approve Canaveral City Park Master Plan as completed by Kimley-Horn &
Associates, Inc.
4. City Council approve the Pedestrian and Bicycle Mobility Master Plan as completed by
Kimley-Horn & Associates, Inc.
The motion carried 5-0.
#3 Discussion ensued regarding Council Member Randels request for clarification of the
recommended action. City Manager Greene confirmed the recommendation from Staff is to
approve the depiction of the Park itself, not funding or implementation. A motion was made by
Council Member Randels, seconded by Council Member Brown,for approval of Item #3 on
the Consent Agenda. The motion carried 5-0.
ITEM FOR ACTION: Review and Approve the City Council FY 2017/18 Strategic Planning
Retreat: Process and Results Report; City Council Strategic Planning Retreat Minutes of March
29, 2017; Cape Canaveral Vision Statement (Revised); and Approve going forward on the
Multigenerational Facility and phased renovation of the old City Hall into the CAPE Center: City
Manager Greene spoke about the process and results of this year's Retreat; past,present and future
needs of the City; desires from the community during Visioning to be bikeable, walkable,
pedestrian friendly and engage the community in events and activities; items Council expressed a
desire to complete including new streetscapes, projects completed including the new Fire Station,
stormwater improvements and water quality projects; master plans; overlay districts; Community
City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2017
Page 3 of 4
Redevelopment Area and Brownfields being items local government should do. City Manager
Greene pointed out the backlog of needed improvements including Cherie Down Park; a
multigenerational facility and conversion of the current City Hall building into a community
facility for arts and culture; estimated costs and how all of this came together in the past Retreat
with the decisions made by Council; surviving the challenges of State and Federal legislation and
the window of opportunity to proceed forward with things in the City that will meet the bulk of
the community's present and future needs. City Manager Greene recommended Council action
should be to proceed forward with design and construction of the Multigenerational Facility at
Canaveral City Park; set the related items on hold for the time being, allow Staff to move forward
on the old City Hall building;move some Culture and Leisure Services activities into that building
until the Multigenerational Facility is ready for occupancy and move forward with a potential tax
increase and funding for all of the projects, over a five year period, as Council unanimously agreed
upon at the Retreat. City Manager Greene reminded Council that he committed to remain at the
City five more years with no salary increase and he believes all projects are needed and can be
done in a phased way with the City still remaining the third lowest taxing level in Brevard County.
He stated Council knows the Audit Report shows the City is in very good condition and the City
has spent down some of the reserves, but converted the dollars to assets which have continued to
rise every year in value since he has been here; competition with the rest of the world to have
people come here to live,work,play, raise a family and to attract businesses to the City; the need
to stay the course and keep the commitments Council and City Manager made to each other.
Discussion ensued and included how the City is being driven by the tourist industry, the vibrancy
of and accomplishments achieved by the City with very little; State and Federal Grant Funds; the
proposed tax increase; funding of the projects and the City's five-year plan; uneasiness with the
Legislature and the proposed $25,000 additional homestead exemption; everything the City
Manager said is fact; the entire Council agreed at the Retreat to complete all proposed Projects;
and home rule preemptions from the Legislature, Cherie Down Park needs to be in the City and
under its care; upcoming fiscal year budget; financing for less than the cost of inflation and State
Revolving Fund loans; construction and interest rates rising daily; the benefits of the Community
Redevelopment Agency; the low cost and high value to the City of the Projects; and the low tax
increase and roll back in previous years. Mayor Hoog inquired if the audience had any comments.
There being none, he called for a motion. A motion was made by Mayor Pro Tem McMillin,
seconded by Council Member Walsh,to approve Item#5 as written. The motion carried 4-1
with Council Member Randels voting against.
REPORTS:
Council Member Walsh thanked Staff for peafowl and surfer crossing signs. She mentioned the
Florida Fish and Wildlife Conservation Commission is monitoring the community due to reports
of peafowl abuse and urged people to contact the Commission with any related information.
Mayor Pro Tem McMillin invited the public to join him at the Community Garden from 9 a.m. to
10 a.m. on Saturdays; reported that he traded in his car for an electric car; announced National
Kids to Parks Day is Saturday, May 20, 2017 from 10 a.m. to 1 p.m. at Canaveral City Park;
attended the Transportation Planning Organization Meeting where he learned the City will receive
City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2017
Page 4 of 4
one million dollars for sidewalks extending from Long Point Road to International Drive; the re-
design of the intersection at AlA and International is still ongoing; and commented on sea level
rise and minimal effects on the City from a study focused on Brevard County.
Mayor Hoog reported Cape Canaveral won the Health First Mayor's Fitness Challenge for Most
Fit City out of nine participating in Brevard County; made a presentation with Staff regarding
Beach Safety and the Life Rescue Project to students at Cape View Elementary School;the Student
Art show went well at the Library during Friday Fest; he was guest speaker at the Chamber of
Commerce meeting at Exploration Tower, Port Canaveral; he will attend the Brevard Expo
Wednesday at the Radisson Resort at the Port for the Economic Development Commission's Made
in Brevard Event; he will be attending City of Palm Bay Mayors Breakfast on Friday morning and
the Cocoa Beach High School Graduation Ceremony that evening; and thanked City Staff for
efforts on the Strategic Plan.
Canaveral Precinct Commander Alan Moros announced he will be leaving Cape Canaveral again,
but Lieutenant Linda Moros will be taking over; expressed his enjoyment and appreciation in
serving the City and conveyed the same sentiment comes from the men and women in uniform.
He will be running Investigations, Special Operations, the Reserve Unit and School District
Security and will be a phone call away if the City needs anything. City Manager Greene stated the
City is extremely well served by the Brevard County Sheriff's Office and Fire Department; shared
how the Sheriffs Office budget is only going up one percent this year; Lieutenant Moros has
worked at the Precinct before and the City will be in very good hands. Commander Moros stated
Lieutenant Moros will be in place June 3, 2017.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:16 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 2
Subject: Resolution No. 2017-07; appointing Members to the Business and Economic
Development Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent
resolutions; severability and an effective date. (Jared Saft and Don Willis)
Department: City Clerk's Office
Summary: Mr. Saft and Mr.Willis were interviewed at the May 9,2017 Business and Economic
Development Board Meeting to fill two (2) vacancies.
The Board recommended Mr. Saft to fill an existing term to expire November 1, 2017. This
unexpired term was vacated first by Melanie Evans, who resigned from the Board prior to
moving out of state and subsequently vacated by the appointed replacement, Lenny Johnson,
who resigned from the Board soon after. Due to the short amount of time left in this existing
term, Resolution No. 2017-07 (attached) additionally appoints Mr. Saft to a new term from
November 1, 2017 to November 1, 2020.
The Board also recommended Mr. Willis to fill an existing term to expire November 1, 2018.
This unexpired term was vacated by Jim Massoni, who resigned from the Board due to selling
his business interests in the City and is not a resident. Due to this being a shortened term,
Resolution No.2017-07 additionally appoints Mr. Willis to a new term from November 1,2018
to November 1, 2021.
Following completion of these appointments, appointees shall be eligible for reappointment for
one additional term, consistent with the limitations set forth in section 2-171(f), City Code.
It is now incumbent upon the City Council to appoint Members to the Business and Economic
Development Board.
Submitting Department Director: Mia Goforth Date: 6/5/17
Attachment: Resolution No. 2017-07.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/5/17
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2017-07.
Approved by City Manager: David L. Greene Date: 6/5/17
RESOLUTION NO. 2017-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING
MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT
BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Cape Canaveral,Florida has by Section 22-27
established a Board known as the Business and Economic Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to the Business and Economic Development Board pursuant to
Section 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape
Canaveral hereby appoints the following individuals:
Jared Saft shall be appointed to the Business and Economic Development Board
for an existing term which expires November 1, 2017; and for a term to expire on
November 1, 2020.
Don Willis shall be appointed to the Business and Economic Development Board
for an existing term which expires November 1, 2018; and for a term to expire on
November 1, 2021.
Following completion of their initial terms, these appointees shall be eligible for reappointment to
the Business and Economic Development Board for an additional term consistent with the
limitations set forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause,phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
City of Cape Canaveral
Resolution No.2017-07
Page 1 of 2
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 20th day of June, 2017.
Bob Hoog,Mayor
ATTEST: Name FOR AGAINST
Mike Brown
Mia Goforth, CMC Bob Hoog
City Clerk
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2017-07
Page 2 of 2
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 3
Subject: City Council accept Library Board annual report for FY 15/16 as prepared by Library
Staff.
Department: Culture& Leisure Services on behalf of Library Board
Summary: City Code Section 46-32,The Library Board,requires the Board to make a report to
the City Council. The attached report encapsulates the information required per Code.
Submitting Department Directors: Gustavo Vergara Date: 5/31/17
Attachment:
Library Board Annual Report for FY 15/16.
Financial Impact: Staff time/effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/30/17
The City Manager recommends that City Council to take the following action:
City Council accept Library Board Annual report for FY 15/16 as Prepared by Library Staff.
Approved by City Manager: David L. Greene Date: 5/30/17
Annual Cape Canaveral Public Library Report [Brevard County Libraries logo]
Covering Fiscal Year 2015-2016
• 113,000 visits
• 147,000 items checked out
• 4,100 children attended programs
• 2,100 adults attended programs (an increase of 49%)
• 13,000 questions answered at the Reference Desk
• 810 New Resident Borrowers
Collection as of April 2017
• 39,569 Books
• 1,104 Audio Books
• 605 Music CDs
• 6,694 Movies/Documentaries
• 56 Magazine/Newspaper Subscriptions
Highlights
• May 2016—Library's 50th Anniversary Celebration (featuring music, refreshments and raffle
prizes donated by local businesses)
• December 2016—3rd Annual Holiday Open House (featuring music and refreshments for the
public)
• March 2017—Randy Wayne White (prominent author spoke at CCPL)
• April 2017—New LED Digital Sign Installed (purchased by the Friends of the Library)
• May 2017—Children's Room Mural Completed (paid for by the Friends using donated funds
from the VFW Ladies Auxiliary)
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 4
Subject: Ordinance No. 05-2017; amending the City of Cape Canaveral Comprehensive Plan
Future Land Use Element by establishing a policy to authorize the City Council to issue Vested
Rights Certificates vesting residential densities for certain existing condominium, townhouse,
or other multi-family development projects that exceed the current maximum residential
densities established in the Comprehensive Plan in accordance with the terms and conditions of
Land Development Regulations to be subsequently adopted by the City Council consistent with
this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions,
severability,incorporation into the Comprehensive Plan, an effective date and legal status of the
Plan amendments, second reading.
Department: Community Development
Summary: As required by Florida Growth Management legislation, the City Comprehensive
Plan and Zoning Code establishes maximum residential density standards for each of the City's
zoning districts.Currently,the maximum density allowed in the City for residential development
is 15 units per acre. However, there exists in the City approximately sixty (60) properties that
exceed this standard to varying degrees (see Attachment 1). As a result, these properties are
defined as non-conforming and are subject to certain Code limitations; notably, that if a non-
conforming structure is destroyed (defined as damage by any means such that the cost to repair
or reconstruct exceeds 50 percent of the fair market value), the structure is required to meet
current Codes—including density requirements of the underlying zoning district.This may result
in a situation that if a non-conforming structure is destroyed,all of the units could not be rebuilt.
This has resulted in underwriting issues for units for sale within the non-conforming structures.
To address this situation, two Ordinances have been prepared. Together, these proposed
Ordinances will amend the Comprehensive Plan and Land Development Regulations(LDRs)to
permit the City Council to vest existing residential condo, townhouse and other multi-family
development projects from the maximum residential density of 15 dwelling units per acre. The
enabling provision is contained in the Comprehensive Plan Ordinance(Ordinance No. 05-2017
—Attachment 2) and will provide a vehicle to determine that certain residential densities (>15
du/acre) are consistent with the Comprehensive Plan without revising the current established
maximum residential density limits. The second Ordinance (Ordinance No. 06-2017 — see the
next Agenda Packet Item), implements the new Comprehensive Plan policy by amending the
City's LDRs by creating a process to vest eligible residential projects.
These actions are being taken to preserve individual property rights and are administrative in
nature(City sponsored)as many of the affected properties are separately owned. Condos appear
to be the heart of the problem based upon the list of non-conforming properties prepared by the
Brevard County Property Appraiser's Office.
The City Manager will be required to prepare a catalog of eligible properties for the City
Council's consideration before a vested rights certificate can be issued.
Other multi-family projects, which do not have individually owned units, may be vested at the
discretion of the City Council by development agreement, if the property owner proposes a
new, major redevelopment project for the subject property. As proposed, the Ordinance would
award a new residential or mixed use project with up to 100 percent of the existing residential
City Council Meeting
Date: 6/20/2017
Item No. 4
Page 2 of 2
density, if an application is filed within 5 years of the adoption of the subject Ordinance. If an
application is filed between 5 and 10 years of the adoption of the subject Ordinance, up to 75
percent of the existing residential density could be rebuilt. After 10 years, up to 50 percent of
the existing density could be rebuilt. This section is written as an economic incentive to
redevelop the subject property.
The proposed Ordinances establish January 1, 2016 as the benchmark to determine which
projects are eligible for vesting. Projects reviewed after this date were reviewed against the
density standard of 15 units per acre established by the City Codes.
The Planning& Zoning Board recommended approval of Ordinance No. 05-2017 at its March
22, 2017 meeting. City Council approved the proposed Ordinance on first reading at its April
18,2017 meeting and transmitted it to the Florida Department of Economic Opportunity(DEO)
for review. In correspondence dated May 26,2017,the DEO indicated it had no comment related
to the proposed Plan amendment (Attachment 3).
The City now has 120 days to prepare a written catalog of existing residential condominiums
and townhouse projects that have a density greater than 15 units per acre. City Council will then
review the catalog and issue a preliminary determination as to which projects shall be vested.
At a subsequent meeting,Council will consider a resolution that will vest the identified projects.
Once the resolution is approved,the City shall have 90 days to prepare a vested rights certificate
for each of the listed projects, which will be recorded in the Brevard County Public Record.
The Notice of Public Hearing was advertised in Florida Today on June 8, 2017.
Submitting Department Director: David Dickey Date: 6-12-17
Attachment:
1 - List of Non-Conforming Properties
2 - Ordinance No. 05-2017
3 - Florida DEO Letter dated May 26, 2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/8/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 05-2017 on second reading.
Approved by City Manager: David L. Greene Date: 6/12/17
Attachment 1
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
GOLDEN GATE MANOR CONDO 202 CAROLINE ST 23 23 0.36 0.36 63.89 R-2
VICTORIAN APTS OF CAPE CANAVERAL CONDO 220 COLUMBIA DR 32 32 0.55 0.55 58.18 R-3
THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3
MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2
SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2
OCEAN ESTATES CONDO 624 MONROE AVE 18 18 0.45 0.45 40.00 R-3
CASA CANAVERAL CONDO 300 MONROE AVE 24 24 0.60 0.60 40.00 R-2
OCEAN PARK CONDO SOUTH 333 TAYLOR AVE 68 134 1.71 3.45 38.84 R-2
OCEAN PARK CONDO NORTH 350 TAYLOR AVE 66 1.74 R-2
BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 R-2
RIDGEWOOD CONDO OF CAPE CANAVERAL 7605 RIDGEWOOD AVE 37 37 1.06 1.06 34.91 R-2
OCEAN MIST CONDO 302 LINCOLN AVE 14 14 0.41 0.41 34.15 R-2
CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2
STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2
MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2
BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2
SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3
PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2
JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3
CANAVERAL BREAKERS ANNEX APTS 8522 N ATLANTIC AVE 42 42 1.30 1.30 32.31 C-1
LAMP POST APTS CONDO 7515 RIDGEWOOD AVE 22 22 0.71 0.71 30.99 R-2
TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3
CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3
CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2
EBB TIDE CONDO APTS 299 E. CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2
THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3
SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2
SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3
SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3
THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3
TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3
ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
SEA SPRAY TOWNHOMES CONDO PH II, 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
TREASURE ISLAND CLUB CONDO PH I 300 COLUMBIA DR 38 114 1.62 5.96 19.13 R-3
TREASURE ISLAND CLUB CONDO PH II 300 COLUMBIA DR 38 2.28 R-3
TREASURE ISLAND CLUB CONDO PH III 300 COLUMBIA DR 38 2.05 R-3
JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3
SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3
FLORES OCEAN SUITES CONDO 443 JOHNSON AVE 15 15 0.88 0.88 17.05 R-3
CASA SERENA CONDO PH I 8523-8537 CANAV'L BLVD 8 8 0.49 0.49 16.33 R-2
SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3
THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1
THE OAKS CONDO PH II 201 INTERNAT'L DR 12 0.82 C-1
THE OAKS CONDO PH III 201 INTERNAT'L DR 12 0.54 C-1
THE OAKS CONDO PH IV 201 INTERNAT'L DR 12 0.60 C-1
THE OAKS CONDO PH V 201 INTERNATIONAL DR 12 1.04 C-1
THE OAKS CONDO PH VI 201 INTERNAT'L DR 25 1.91 R-3
THE OAKS CONDO PH VII 201 INTERNATIONAL DR 25 1.27 R-3
MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 R-3
PUERTO DEL RIO CONDO PH 1A 8964-84 PUERTO DEL RIO DR 29 342 1.80 22.20 15.41 R-3
PUERTO DEL RIO CONDO PH 1C 8964 PUERTO DEL RIO DR 47 3.65 R-3
PUERTO DEL RIO CONDO PH 1D 8934 PUERTO DEL RIO DR 32 2.46 R-3
PUERTO DEL RIO CONDO PH 1E PUERTO DEL RIO DR 68 3.19 R-3
PUERTO DEL RIO CONDO PH 3A LAGUNA LANE 102 5.77 R-3
PUERTO DEL RIO CONDO PH 3B LAGUNA LANE 64 2.84 R-3
PUERTO DEL RIO (2430836) PUERTO DEL RIO DR 0 2.48 R-3
BERMUDA HOUSE CONDO PH I 231 CIRCLE DR 4 10 0.31 0.65 15.38 R-2
BERMUDA HOUSE CONDO PH II 231 CIRCLE DR 6 0.34 R-2
CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2
Attachment 2
ORDINANCE NO. 05-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE CITY OF CAPE CANAVERAL
COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
BY ESTABLISHING A POLICY TO AUTHORIZE THE
CITY COUNCIL TO ISSUE VESTED RIGHTS
CERTIFICATES VESTING RESIDENTIAL DENSITIES
FOR CERTAIN EXISTING CONDOMINIUM,
TOWNHOUSE, OR OTHER MULTI-FAMILY
DEVELOPMENT PROJECTS THAT EXCEED THE
CURRENT MAXIMUM RESIDENTIAL DENSITIES
ESTABLISHED IN THE COMPREHENSIVE PLAN IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
OF LAND DEVELOPMENT REGULATIONS TO BE
SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL
CONSISTENT WITH THIS ORDINANCE; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AN EFFECTIVE DATE AND LEGAL STATUS OF THE
PLAN AMENDMENTS.
WHEREAS,section 163.3161 et. seq.,Florida Statutes(2011)established the Community
Planning Act,which was formerly known as the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Community Planning Act requires each municipality in the State of
Florida to prepare, adopt and update a Comprehensive Plan; and
WHEREAS, Future Land Use Policy LU-1.3.3 of the Comprehensive Plan of the City of
Cape Canaveral currently provides that the maximum residential densities in the R-2 and R-3 land
use categories shall be 15 units/acre; and
WHEREAS, there are currently numerous lawfully approved condominium, townhouse
and other residential multi-family development projects within the City of Cape Canaveral that
have residential densities that exceed the current maximum allowed residential density of 15
units/acre in the R-2 and R-3 land use categories, which residential development projects were
built before the adoption of the City's Comprehensive Plan or before the adoption of the 15
unit/acre maximum density requirement; and
WHEREAS, under the current Comprehensive Plan, if these noncompliant but lawfully
approved condominium, townhouse and other residential multi-family development projects were
destroyed by storm, fire or other calamity, the project property would have to likely be developed
with a lower number of units in accordance with the current maximum permitted residential
City of Cape Canaveral
Ordinance No.05-2017
Page 1 of 5
density of 15 units/acre set forth in the City's Comprehensive Plan, and that in the case of
condominiums and townhouses, the ownership of a certain number of units could be eliminated or
adversely affected; and
WHEREAS, the City Council hereby finds that under certain terms and conditions,
providing certainty and predictability in the use and conveyance of land and interests therein, and
protecting private property rights of lawfully completed condominium, townhouse and other
residential multi-family development projects serves a legitimate government interest and is in the
best interests of property owners; and
WHEREAS, the City Council also finds that it is an important government interest to
protect the interests of private property owners that have purchased a condominium or townhome
unit from loss of their respective investment in the unit solely because the unit could not be
reconstructed to the residential density that was lawfully approved by the City or County on the
legal basis that the lawfully approved residential density is not consistent with the City's current
Comprehensive Plan; and
WHEREAS, to the extent any affected condominium, townhouse or other residential
multi-family development project is within the Coastal High Hazard Area, the City's current
evacuation times will not be adversely affected by adoption of this ordinance since no new
development with increased density is authorized hereby; and
WHEREAS,the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing on March 22, 2017 in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and
advice of staff, citizens and all interested parties submitting written and oral comments and has
recommended adoption to the City Council; and
WHEREAS, the Local Planning Agency recommended the City Council transmit the
subject comprehensive plan text amendment to the Florida Department of Economic Opportunity
for its review and comment; and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of
the public health, safety and welfare of the citizens of Cape Canaveral, Florida; and
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Community Planning Act, Sections 163.3161 et. seq., Florida Statutes.
City of Cape Canaveral
Ordinance No.05-2017
Page 2 of 5
Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt
comprehensive plan text amendments amending the text of the Future Land Use Element of the
City of Cape Canaveral Comprehensive Plan.
Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the
City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral
Comprehensive Plan, Future Land Use Element, Objective LU-1.3 (underlined type indicates text
being added to the Comprehensive Plan and strikeout type indicates text being deleted from the
Comprehensive Plan):
OBJECTIVE LU-1.3:
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and
compatibility of land uses within Cape Canaveral and the degree to which the following Policies
are implemented.
POLICY LU-1.3.1:
The City shall enforce its various ordinances which regulate the land use categories included in
the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage
(Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management
Ordinance and Federal Flood Insurance Program Regulations).
POLICY LU-1.3.2:
The City shall require new development to be compatible with adjacent land uses.
POLICY LU-1.3.3:
The City shall enforce its requirements pertaining to densities and intensities of land use in each
land-use category--i.e.
*R-1, Low Density Residential: maximum 5.808 lots/acre.
*R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre.
*R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-1, Light Industrial: maximum 4.356 lots/acre.
*C-1, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
*C-2, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
PUB, Public and Recreation Facilities
CON, Conservation
POLICY LU-1.3.4:
A. For purposes of providing certainty and predictability in the use and conveyance
of land and interests therein, and protecting private property rights, of completed residential
condominium, townhouse projects and other multi-family development projects existing on
City of Cape Canaveral
Ordinance No.05-2017
Page 3 of 5
January 1, 2016,the City Council shall be authorized to issue a vested rights certificate vesting the
residential density of a particular existing project in accordance with the requirements and
conditions established by the City Council within the City's land development regulations.
B. If a vested rights certificate is granted by the City Council pursuant to this policy,
the residential density of the project shall be deemed vested and in compliance with the
Comprehensive Plan even if such density exceeds the maximum densities set forth in POLICY
LU-1.3.3.
C. A vested rights certificate issued pursuant to this policy shall only be construed to
vest the existing project and residential density stated in the certificate and shall not be construed
as vesting the subject project regarding any other provision of the City's Comprehensive Plan,land
development regulations, or Code which the project would otherwise appear to be inconsistent.
D. Vested rights certificates issued pursuant to this policy shall be issued in writing
and shall be executed by the Mayor upon approval by the City Council. The Mayor's signature
shall be attested to by the City Clerk, who shall also emboss the certificate with the City Seal.
E. Vested rights certificates approved and executed in accordance with this policy
shall be recorded by the City Clerk in the Official Public Records of Brevard County, Florida.
Upon being recorded, the recorded vested rights certificate may be relied upon by the current and
future owner(s) and mortgage holders of the subject property.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations
and omissions, not affecting the construction or meaning of this Ordinance and the City
Comprehensive Plan may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one(31) days after
the state land planning agency notifies the City that the plan amendment package is complete
pursuant to section 163.3184(3)(c),Florida Statutes. If the plan amendment is timely challenged,
the plan amendment shall not become effective until the state land planning agency or the
City of Cape Canaveral
Ordinance No.05-2017
Page 4 of 5
Administration Commission enters a final order determining the adopted amendment to be in
compliance. No development orders, development permits or land use dependent on this plan
amendment may be issued or commenced before it has become effective. After and from the
effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall
amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the
plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as
amended.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 20th day of
June, 2017.
Bob Hoog,Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1st Advertisement: March 9, 2017
1St Reading/Transmittal: April 18, 2017
2" Advertisement: June 8, 2017
2" Reading/Adoption: June 20, 2017
City of Cape Canaveral
Ordinance No.05-2017
Page 5 of 5
Attachment 3
Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT
ECONOMIC OPPORTUNITY
May 26, 2017
The Honorable Bob Hoog
Mayor, City of Cape Canaveral
City Hall
105 Polk Ave.
Cape Canaveral, Florida 32920
Dear Mayor Hoog:
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for the City of Cape Canaveral, Amendment No. 17-1 ESR
(Ordinance No. 05-2017), which was received on April 17, 2017. We have reviewed the proposed
amendment pursuant to Sections 163.3184(2) and(3), Florida Statutes (F.S.), and identified no
comment related to important state resources and facilities within the Department's authorized
scope of review that will be adversely impacted by the amendment if adopted.
The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing
agencies have the authority to provide comments directly to the City. If other reviewing
agencies provide comments, we recommend the City consider appropriate changes to the
amendment based on those comments. If unresolved, such comments could form the basis for a
challenge to the amendment after adoption.
The City should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. Also, please note that Section 163.3184(3)(c)1, F.S.,provides that if the second
public hearing is not held within 180 days of your receipt of agency comments, the amendment
shall be deemed withdrawn unless extended by agreement with notice to the Department of
Economic Opportunity and any affected party that provided comment on the amendment. For
your assistance, we have enclosed the procedures for adoption and transmittal of the
comprehensive plan amendment.
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
850.245.7105 I www.floridajobs.org
www.twitter.com/FLDEO Iwww.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/FID equipment via the Florida Relay Service at 711.
City of Cape Canaveral Proposed Amendment
May 26, 2017
Page 2
We appreciate the opportunity to work with the City's staff in the review of the
amendment. If you have any questions related to this review, please contact Dan Pennington, at
(850) 717-8524, or by email at dan.pennington@deo.myflorida.com.
Sincerely,
James D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/dp
Enclosures: Procedures for adoption of comprehensive plan amendments
cc: David Dickey, Community Development Director, City of Cape Canaveral
Hugh Harling, P.E., Executive Director, East Central Florida Regional Planning Council
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.3184(3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all
comprehensive plan materials, of which one complete paper copy and two complete
electronic copies on CD ROM in Portable Document Format (PDF) to the Department of
Economic Opportunity and one copy to each entity below that provided timely
comments to the local government:the appropriate Regional Planning Council; Water
Management District; Department of Transportation; Department of Environmental
Protection; Department of State;the appropriate county (municipal amendments only);
the Florida Fish and Wildlife Conservation Commission and the Department of
Agriculture and Consumer Services (county plan amendments only); and the
Department of Education (amendments relating to public schools); and for certain local
governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter
transmitting the adopted amendment:
Department of Economic Opportunity identification number for adopted
amendment package;
Summary description of the adoption package, including any amendments
proposed but not adopted;
Identify if concurrency has been rescinded and indicate for which public facilities.
(Transportation, schools, recreation and open space).
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties
that provided timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local
government contact;
Letter signed by the chief elected official or the person designated by the local
government.
Effective June 2, 2011 (Updated March 11, 2013)
ADOPTION AMENDMENT PACKAGE: Please include the following information in the
amendment package:
in the case of text amendments, changes should be shown in strike-
through/underline format.
In the case of future land use map amendments, an adopted future land use
map, in color format, clearly depicting the parcel, its future land use designation, and its
adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no
additional data and analysis is required;
Copy of the executed ordinance adopting the comprehensive plan
amendment(s);
Suggested effective date language for the adoption ordinance for expedited review:
The effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the Department of Economic Opportunity
notifies the local government that the plan amendment package is complete. If
timely challenged, this amendment shall become effective on the date the
Department of Economic Opportunity or the Administration Commission enters
a final order determining this adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a
final order of noncompliance is issued by the Administration Commission, this
amendment may nevertheless be made effective by adoption of a resolution
affirming its effective status, a copy of which resolution shall be sent to the
Department of Economic Opportunity.
List of additional changes made in the adopted amendment that the Department
of Economic Opportunity did not previously review;
List of findings of the local governing body, if any, that were not included in the
ordinance and which provided the basis of the adoption or determination not to adopt
the proposed amendment;
Statement indicating the relationship of the additional changes not previously
reviewed by the Department of Economic Opportunity in response to the comment
letter from the Department of Economic Opportunity.
Effective June 2, 2011 (Updated March 11, 2013)
,154-F\.
City of Cape Canaveral
kfi,ins?1-, City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 5
Subject: Ordinance No. 06-2017; adopted to implement City Comprehensive Plan Future Land
Use Policy LU-1.3.4;providing for an amendment to Chapter 115 of the City Code to establish
a procedure and terms and conditions under which the City Council will determine whether to
grant and issue a Vested Rights Certificate vesting the residential densities of a completed
residential condominium, townhouse or other multi-family/apartment development projects
existing on January 1, 2016; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability and an effective date, second reading.
Department: Community Development
Summary: As required by Florida Growth Management legislation, the City Comprehensive
Plan and Zoning Code establish maximum residential density standards for each of the City's
zoning districts.Currently,the maximum density allowed in the City for residential development
is 15 units per acre. However, there exists in the City approximately sixty (60) properties that
exceed this standard to varying degrees (see Attachment 1). As a result, these properties are
defined as non-conforming and are subject to certain Code limitations; notably, that if a non-
conforming structure is destroyed(defined as damage by any means such that the cost to repair
or reconstruct exceeds 50 percent of the fair market value), the structure is required to meet
current codes—including density requirements of the underlying zoning district. This may result
in a situation that if a non-conforming structure is destroyed,all of the units could not be rebuilt.
This has resulted in underwriting issues for units for sale within the non-conforming structures.
To address this situation, two Ordinances have been prepared. Together, these Ordinances will
amend the Comprehensive Plan and Land Development Regulations (LDRs)to permit the City
Council to vest existing residential condo, townhouse and other multi-family development
projects from the maximum residential density of 15 dwelling units per acre. The enabling
provision is contained in the Comprehensive Plan Ordinance (Ord. No. 05-2017) and will
provide a vehicle to determine that certain residential densities(>15 du/acre)are consistent with
the Comprehensive Plan without revising the current established maximum residential density
limits. The second Ordinance (Ord. No. 06-2017 — see Attachment 2), implements the new
Comprehensive Plan policy by amending the City's LDRs by creating a process to vest eligible
residential projects.
These actions are being taken to preserve individual property rights and are administrative in
nature(City sponsored) as many of the affected properties are separately owned. Condos appear
to be the heart of the problem based upon the list of non-conforming properties prepared by the
Brevard County Property Appraiser's Office.
Other multi-family projects, which do not have individually owned units, may be vested at the
discretion of the City Council by development agreement, if the property owner proposes a
new, major redevelopment project for the subject property. As proposed, the Ordinance would
award a new residential or mixed use project with up to 100 percent of the existing residential
density, if an application is filed within 5 years of the adoption of the subject Ordinance. If an
application is filed between 5 and 10 years of the adoption of the subject Ordinance, up to 75
percent of the existing residential density could be rebuilt. After 10 years, up to 50 percent of
City Council Meeting
Date: 6/20/2017
Item No. 5
Page 2 of 2
the existing density could be rebuilt. This section is written as an economic incentive to
redevelop the subject property.
The proposed Ordinances establish January 1, 2016 as the benchmark to determine which
projects are eligible for vesting. Projects reviewed after this date were reviewed against the
density standard of 15 units per acre established by the City Codes.
The Planning & Zoning Board recommended approval of Ordinance No. 06-2017 at its March
22, 2017 meeting. The City Council approved the proposed Ordinance on first reading at its
April 18, 2017 meeting and transmitted it to the Florida Department of Economic Opportunity
(DEO) for review. In correspondence dated May 26, 2017, DEO indicated it had no comment
related to the proposed Plan amendment. For implementation purposes of Ordinance No. 05-
2017, Ordinance No. 06-2017 becomes effective immediately upon the adoption of Ordinance
No. 05-2017.
The Notice of Public Hearing was advertised in Florida Today on June 8, 2017.
Submitting Department Director: David Dickey Date: 6-12-17
Attachments:
1 - List of Non-Conforming Properties
2 - Ordinance No. 06-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/8/17
The City Manager recommends that City Council to take the following action:
Adopt Ordinance No. 06-2017 on second reading.
Approved by City Manager: David L. Greene Date: 6/12/17
Attachment 1
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
GOLDEN GATE MANOR CONDO 202 CAROLINE ST 23 23 0.36 0.36 63.89 R-2
VICTORIAN APTS OF CAPE CANAVERAL CONDO 220 COLUMBIA DR 32 32 0.55 0.55 58.18 R-3
THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3
MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2
SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2
OCEAN ESTATES CONDO 624 MONROE AVE 18 18 0.45 0.45 40.00 R-3
CASA CANAVERAL CONDO 300 MONROE AVE 24 24 0.60 0.60 40.00 R-2
OCEAN PARK CONDO SOUTH 333 TAYLOR AVE 68 134 1.71 3.45 38.84 R-2
OCEAN PARK CONDO NORTH 350 TAYLOR AVE 66 1.74 R-2
BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 R-2
RIDGEWOOD CONDO OF CAPE CANAVERAL 7605 RIDGEWOOD AVE 37 37 1.06 1.06 34.91 R-2
OCEAN MIST CONDO 302 LINCOLN AVE 14 14 0.41 0.41 34.15 R-2
CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2
STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2
MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2
BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2
SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3
PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2
JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3
CANAVERAL BREAKERS ANNEX APTS 8522 N ATLANTIC AVE 42 42 1.30 1.30 32.31 C-1
LAMP POST APTS CONDO 7515 RIDGEWOOD AVE 22 22 0.71 0.71 30.99 R-2
TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3
CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3
CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2
EBB TIDE CONDO APTS 299 E. CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2
THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3
SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2
SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3
SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3
THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3
TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3
ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2
Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning
SEA SPRAY TOWNHOMES CONDO PH II, 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
TREASURE ISLAND CLUB CONDO PH I 300 COLUMBIA DR 38 114 1.62 5.96 19.13 R-3
TREASURE ISLAND CLUB CONDO PH II 300 COLUMBIA DR 38 2.28 R-3
TREASURE ISLAND CLUB CONDO PH III 300 COLUMBIA DR 38 2.05 R-3
JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3
SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3
FLORES OCEAN SUITES CONDO 443 JOHNSON AVE 15 15 0.88 0.88 17.05 R-3
CASA SERENA CONDO PH I 8523-8537 CANAV'L BLVD 8 8 0.49 0.49 16.33 R-2
SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3
THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1
THE OAKS CONDO PH II 201 INTERNAT'L DR 12 0.82 C-1
THE OAKS CONDO PH III 201 INTERNAT'L DR 12 0.54 C-1
THE OAKS CONDO PH IV 201 INTERNAT'L DR 12 0.60 C-1
THE OAKS CONDO PH V 201 INTERNATIONAL DR 12 1.04 C-1
THE OAKS CONDO PH VI 201 INTERNAT'L DR 25 1.91 R-3
THE OAKS CONDO PH VII 201 INTERNATIONAL DR 25 1.27 R-3
MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 R-3
PUERTO DEL RIO CONDO PH 1A 8964-84 PUERTO DEL RIO DR 29 342 1.80 22.20 15.41 R-3
PUERTO DEL RIO CONDO PH 1C 8964 PUERTO DEL RIO DR 47 3.65 R-3
PUERTO DEL RIO CONDO PH 1D 8934 PUERTO DEL RIO DR 32 2.46 R-3
PUERTO DEL RIO CONDO PH 1E PUERTO DEL RIO DR 68 3.19 R-3
PUERTO DEL RIO CONDO PH 3A LAGUNA LANE 102 5.77 R-3
PUERTO DEL RIO CONDO PH 3B LAGUNA LANE 64 2.84 R-3
PUERTO DEL RIO (2430836) PUERTO DEL RIO DR 0 2.48 R-3
BERMUDA HOUSE CONDO PH I 231 CIRCLE DR 4 10 0.31 0.65 15.38 R-2
BERMUDA HOUSE CONDO PH II 231 CIRCLE DR 6 0.34 R-2
CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2
Attachment 2
ORDINANCE NO. 06-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTED
TO IMPLEMENT CITY COMPREHENSIVE PLAN FUTURE
LAND USE POLICY LU-1.3.4; PROVIDING FOR AN
AMENDMENT TO CHAPTER 115 OF THE CITY CODE TO
ESTABLISH A PROCEDURE AND TERMS AND CONDITIONS
UNDER WHICH THE CITY COUNCIL WILL DETERMINE
WHETHER TO GRANT AND ISSUE A VESTED RIGHTS
CERTIFICATE VESTING THE RESIDENTIAL DENSITIES OF A
COMPLETED RESIDENTIAL CONDOMINIUM, TOWNHOUSE
OR OTHER MULTI-FAMILY/APARTMENT DEVELOPMENT
PROJECTS EXISTING ON JANUARY 1, 2016; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City of Cape Canaveral is granted the authority,under Section 2(b),Article
VIII, of the State Constitution,to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS,pursuant to City of Cape Canaveral Ordinance No. 05-2017, the City Council
adopted the City's Comprehensive Plan,Future Land Use Element,POLICY LU-1.3.4,for purposes
of providing certainty and predictability in the use and conveyance of land and interests therein, and
protecting private property rights, of existing and completed residential condominium and
townhouse projects and other multi-family/apartment development projects on January 1, 2016; and
WHEREAS, POLICY LU-1.3.4 requires the City Council to adopt land development
regulations to implement the Policy; and
WHEREAS, the City Council desires to adopt the land development regulations contained
in this Ordinance for purposes of implementing POLICY LU-1.3.4; and
WHEREAS, the City Council also finds that it is an important government interest to
protect the interests of private property owners that have purchased a condominium or townhome
unit from loss of their respective investment in the unit solely because the unit could not be
reconstructed to the residential density that was lawfully approved by the City or County on the
legal basis that the lawfully approved residential density is not consistent with the City's current
Comprehensive Plan; and
WHEREAS, to the extent any affected condominium, townhouse or other residential
multi-family development project is within the Coastal High Hazard Area, the City's current
evacuation times will not be adversely affected by adoption of this Ordinance since no new
development with increased density is authorized hereby; and
City of Cape Canaveral
Ordinance No. 06-2017
Page 1 of 8
WHEREAS, the City Council recognizes that the planning and preparation of Ordinance
Nos. 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 of 8
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.
fe) Any vested rights certificate granted and issued by the city council pursuant to this article
shall vest the residential density of the subject project regarding any other provision of the City's
comprehensive plan, land development regulations or Code which the project would otherwise
appear to be inconsistent.
Sec. 115-15. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Comprehensive Plan shall mean the comprehensive plan for the City of Cape Canaveral, in
accordance with the Community Planning Act (Section 163.3161 et. seq., Florida Statutes), as
such plan may be amended from time to time.
Condominium means that form of ownership of real property created pursuant to chapter 718,
Florida Statutes, which is comprised entirely of units that may be owned by one or more persons,
and in which there is, appurtenant to each unit, an undivided share in common elements.
Existing Residential Condominium or Townhouse Project shall mean a residential condominium
or townhouse project lawfully permitted within the City of Cape Canaveral that is existing on
January 1, 2016.
Density means the number of permitted and allowed dwelling units within an existing development
project/parcel, calculated in units per acre.
Other multi-family/apartment development project means a multi-family residential development
consisting of one or more buildings with two or more single-family dwelling units, any of which
are intended for use as a private temporary residence, which are typically rented to a person(s) as
an apartment, not including condominiums or townhouses or units that are intended primarily for
commercial or industrial use.
City of Cape Canaveral
Ordinance No. 06-2017
Page 3 of 8
Residential condominium project means a condominium consisting of two or more dwelling units,
any of which are intended for use as a private temporary or permanent residence, except that a
condominium is not a residential condominium if the use for which the units are intended is
primarily commercial or industrial.
Residential townhouse project means one or more buildings consisting of two or more single-
family dwelling units not exceeding three stories in height which is constructed in a series or group
of attached units with property lines separating such units. Each townhouse shall be considered a
separate building and shall be separated from adjoining townhouses by the use of separate exterior
walls meeting the requirements for zero clearance from property lines as required by the type of
construction and fire protection requirements; or shall be separated by a party wall. Each
townhouse unit shall have a separate unit owner.
Unit owner or owner of a unit means a record owner of legal title to a condominium or townhouse
unit.
Sec. 115-16 Residential Condominium or Townhouse Projects.
(a) No later than one hundred twenty (120) days from the effective date of Ordinance No. 06-
2017, the city manager shall present to the city council a written catalog of existing residential
condominium or townhouse projects located within the City that have a residential density greater
than the maximum density allowed under Comprehensive Plan, Future Land Use Element,
POLICY LU-1.3.3. The catalog shall contain the following information regarding each project:
(1) The name of the project;
(2) The street address of the project;
(3) A current photograph of the project inclusive of all existing buildings;
(4) The legal description for the property/parcel;
(5) The number of acres of the project/parcel;
(6) The number of residential condominium or townhouse units and each unit number;
(7) The density of the project stated in units per acre;
(8) The name and address of the condominium or homeowners' association including the
contact person and/or management company;
(9) The name and address of each unit owner of the project;
(10)A statement providing the factual basis upon which the city manager believes that the
project's residential density should be vested pursuant to this article;
(11)Any supporting information,including development orders and permits,contracts,letters,
appraisals, reports or any other documents, items or things upon which the city manager
believes is necessary to demonstrate that a residential project should be vested pursuant
to this article, if necessary; and
(12)Any other information reasonably required by the city council.
City of Cape Canaveral
Ordinance No. 06-2017
Page 4 of 8
(b) Upon review of the catalog presented by the city manager in accordance with subsection
(a), the city council shall issue a preliminary determination as to which residential projects listed
in the catalog should have their residential density finally considered by the city council, at an
advertised public hearing, for vesting pursuant to this article.
(c) Upon issuing the preliminary determination, the city attorney shall prepare a resolution
proposing to vest the residential density of the residential projects which were preliminarily
determined by the city council to warrant vesting under this article. The resolution shall be in a
form approved by the city attorney consistent with the intent and purpose of this article.
(d) The proposed resolution shall be considered for adoption by the city council at a public
hearing. At least ten (10) days prior to the public hearing, the city manager shall publicly notice
the resolution and public hearing in a newspaper of general circulation. The notice shall contain,
at a minimum,the resolution title, a list of residential condominium or townhouse projects that are
subject to the resolution and the date, time and location of the public hearing. In addition, the city
manager shall provide written notice of the resolution and public hearing to the applicable
condominium or homeowners' association.
(e) At the public hearing, the city council shall accept testimony and evidence and consider
the resolution prepared by the city attorney. Upon the conclusion of the public hearing, the city
council shall deliberate and either approve, approve with modifications and/or conditions, or reject
the resolution.
(f) If the city council approves the resolution, the city manager shall have ninety (90) days to
prepare a vested rights certificate for each residential condominium or townhouse project approved
for vesting of residential density under the resolution. The certificate shall be in a form approved
by the city attorney to allow the residential condominium or townhouse project's existing
residential density to be vested and remain at or below the existing residential density for so long
as the subject property remains in a condominium or townhouse form of ownership, as the case
may be, notwithstanding any provision of the city's comprehensive plan or land development
regulations with which the residential density would otherwise appear to be inconsistent. Each
completed certificate shall be executed by the mayor and the mayor's signature shall be attested to
by the city clerk, who shall also emboss the certificate with the City seal.
(g) Vested rights certificates approved and executed in accordance with this article shall be
recorded by the city clerk in the Official Public Records of Brevard County, Florida. Upon being
recorded, the recorded vested rights certificate may be relied upon by the current and future
owner(s) and mortgage holders of the subject property.
(h) This section shall not be construed to vest a residential condominium or townhouse project
from any provision of the City's Comprehensive Plan or land development regulations except for the
existing residential density vested by the city council as set forth in the resolution.
(i) Nothing in this section shall prohibit the unit owner(s) of the residential condominium or
townhouse units to willfully and voluntarily reduce the number of residential units on the subject
property or to dissolve and terminate the residential condominium or townhouse form of ownership
on the subject property. However, any reduction in the number of residential units shall
automatically reduce the number of vested residential units permitted on the subject property by the
actual number of units reduced. In addition, the dissolution or termination of the condominium or
townhouse form of ownership on the subject property shall automatically terminate the vested right
City of Cape Canaveral
Ordinance No. 06-2017
Page 5 of 8
certificate, and upon termination,the subject property shall be required to thereafter be in compliance
with the existing residential density allowed under the Comprehensive Plan.
Sec. 115-17 Other Multi-Family/Apartment Development Projects.
(a) It is the intent and purpose of this section to provide a redevelopment incentive for properties
with existing multi-family/apartment projects by providing a possible vested density bonus in excess
of the maximum residential density permitted under the current comprehensive plan for new
development(15 dwelling units per acre).
(b) In furtherance of this incentive, an owner of a multi-family/apartment development project
existing on January 1, 2016 may apply for a vested rights certificate vesting the current residential
density on the subject property in conjunction with, and conditioned upon the permitting of, a new,
major residential and/or mixed use redevelopment project on the subject property approved by the
City. Rehabilitation and renovation of existing structures shall not be eligible for vesting under this
section.
(c) The application shall be submitted for consideration to the city manager and city council
in conjunction with at least a preliminary development permit application for the proposed
redevelopment project and shall include the following minimum information:
(1) The name of the existing project and proposed redevelopment project;
(2) The street address of the project;
(3) A current photograph of the existing project inclusive of all existing buildings;
(4) The legal description for the property/parcel;
(5) The number of acres of the project/parcel;
(6) The number of residential multi-family dwelling units and each unit number;
(7) The density of the existing project stated in units per acre;
(8) The density bonus requested for the new, major residential and/or mixed use
redevelopment project;
(9) The name and address of the owner of the project and/or developer including the contact
person for each entity or person;
(10)At a minimum, a conceptual redevelopment site plan, drawn to scale and prepared by a
licensed and duly qualified engineer or architect. Said plan shall also include a
comprehensive set of proposed building elevations, in color, of all proposed buildings
and substantial hardscape amenities. In addition, said plan shall include a proposed
construction schedule including any applicable demolition and building plan and an
estimated construction budget for all anticipated new capital in building improvements
and taxable personal property;
(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 of 8
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 recordation, 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 (July 21, 2017), the new, major residential and/or mixed use
redevelopment project may have a maximum residential density equal to or less than 100% of the
preexisting residential density. After five (5) years but no more than ten (10) years from the
effective date, the maximum residential density shall not exceed fifteen (15) dwelling units per
acre or 75% of the preexisting residential density, whichever is greater. After ten (10) years, the
maximum residential density shall not exceed fifteen (15) dwelling units per acre or 50% of the
preexisting residential density, whichever is greater.
(g) This Section shall not be construed to vest a new, major residential and/or mixed use
redevelopment project from any provision of the City's Comprehensive Plan or land development
regulations except for the existing residential density vested by the city council as set forth in the
development agreement.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors
may be corrected and additions, alterations and omissions,not affecting the construction or meaning
of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
City of Cape Canaveral
Ordinance No. 06-2017
Page 7 of 8
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 20th day of
June, 2017.
Bob Hoog,Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1st Advertisement: March 9, 2017
1st Reading: April 18, 2017
2nd Advertisement: June 8, 2017
2nd Reading: June 20, 2017
City of Cape Canaveral
Ordinance No. 06-2017
Page 8 of 8
" `"" City of Cape Canaveral
kiii,..z;,,..., City Council Agenda Form
City Council Meeting Date: 6/20/2017
CPTV 0/
G...G........ Item No. 6
Subject: Ordinance No. 07-2017; adopted in furtherance of the requirement set forth in Section
2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $6,200,000 Capital
Improvement Revenue Note, Series 2017, of the City to finance the cost of a Multigenerational
Center, Cultural Arts Preservation Enrichment (CAPE) Center and related Capital
Improvements; providing for the Series 2017 Note to be secured by the City's Public Service
Tax, Half-Cent Sales Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the
City's Financing Team to proceed to develop necessary documents; providing for the repeal of
prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and
resolutions in conflict herewith; severability and an effective date, first reading.
Department: Administrative Services
Summary:The City has taken significant steps to ensure that much needed Capital Construction
Projects be realized. This includes a Multigenerational Center estimated completion at
$5,000,000 and a Cultural Arts Preservation Enrichment (CAPE) Center estimated completion
at $1,200,000. To accomplish this undertaking, the City is seeking approval of a Bank Loan
from Hancock Bank, 10 year, 2.05% locked-in rate not to exceed$6,200,000 (Attachment 1).
This Loan will be fully supported by pledged revenues(Attachment 2)from the Half-Cent Sales
Tax currently at $577,991 annually; State Revenue Sharing currently at $252,800 annually;
Utility Taxes to include Public Service Tax at$1,652,706 annually and Franchise Fees currently
at$732,731 annually. These pledged revenues total $3,216,228 annually and provide coverage
of 2.48x based on a projected maximum annual debt service of$689,203 for a 10 year loan.
The City's Financial Advisor(FA)has researched and analyzed other comparable bank pricing
throughout the Florida marketplace and has highly recommended Hancock Bank as the lender
for the 2017 Note (Attachment 3).
The Hancock Loan requires Lender's adherence to the City's Term Sheet, to include no
repayment penalty and no additional Financial Covenants. This Loan provides the City with a
tremendous opportunity with an interest rate of 2.05%which is below the current inflation rate.
With the current uncertain market,the time will never be better to lock-in a rate this low. More
importantly, accepting this Loan not only completely funds the Multigenerational Center and
CAPE Center, but the Financing Team and the selected lender will begin preparation of loan
documents in anticipation of the final award by City Council on July 18th. The closing has been
tentatively set for July 20, 2017.
Ordinance No. 07-2017 (Attachment 4), as required by the City Charter, provides first reading
authority to support the Hancock Bank Loan that is in the City's best interest and preparation of
the loan documents subject to the final City Council adoption at second reading.
Financial Impact: In addition, the $6,200,000 required for all Construction Projects will be
completely supported by the Loan. It would be prudent to go with the $6,200,000 Loan, as this
eliminates any impact on reserves and preserves cash. A detailed analysis has been completed
and based on future revenues and responsible spending, the City can more than support
repayment of the Loan and satisfy all other financial obligations.The net annual cost of the Loan
City Council Meeting
Date: 6/20/2017
Item No. 6
Page 2 of 2
to the General Government is $689,203 Principal & Interest. As discussed at the City Council
Meeting of May 16, 2017, Council supported in concept, by a 4-1 vote, an increase in the
General Government millage from 3.46 mills to 3.96 mills which would generate$750,679,well
above the annual Loan payment of$689,203. Additionally, with such an increase this would
allow Council to reduce the millage back down to the rolled-back rate of 3.46 when the current
loan of$5.5M is paid in full on February 1, 2024.
City Staff understands and remains mindful that the current economic climate and unforeseen
future budgetary constraints/decisions made by the Florida State Legislature can impact
forecasted revenues and expenses. This could include changes to existing tax structure,
additional unfunded mandates or further limiting the City's ability to receive Business Tax
Receipt Revenue, Communication Service Tax or the like. However, through vigilance and a
sound budgetary process on the City's part, operating and capital expenditures can be adjusted
to reduce/mitigate most impacts.
Submitting Department Director: John DeLeo Date: 6/12/17
Attachments:
1 - Sources and Uses
2 - Pledged Revenues
3 - LCS FA Memo
4 - Ordinance No. 07-2017
Financial Impact: Reference Financial Impact above.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/12/17
The City Manager recommends that City Council tak he following actions:
Adopt Ordinance No. 07-2017, first reading, which includ authorization to approve Hancock
Bank as the lender and preparation of loan documents.
Approved by City Manager: David L. Greene Date: 6/12/17
City of Cape Canaveral , Florida
Capital Improvement Revenue Note, Series 2017 Attachment 1
Bank Financing Note - Hancock Bank, Rate = 2.05%
sources and uses of Funds
Dated Date: 7/20/2017
Delivery Date: 7/20/2017
sources of Funds
Par Amount of Note $6,200,000.00
+Premium /-Discount $0.00
Note Proceeds 6,200,000.00
$6,200,000.00
uses of Funds
Project Fund 6,140,000.00
Cost of Issuance 60,000.00
Contingency 0.00
$6,200,000.00
Prepared by Larson Consulting services, Orlando, Florida
Micro-Muni Sizing Date: 05-31-2017 @ 11:03:05 Filename: bank17
city of Cape Canaveral, Florida
Capital Improvement Revenue Note, Series 2017
Bank Financing Note - Hancock Bank, Rate = 2.05%
Debt service schedule
Date Principal Coupon Interest Period Total Fiscal Total
2/ 1/18 564,000.00 2.050000 67,433.61 631,433.61
8/ 1/18 57,769.00 57,769.00 689,202.61
2/ 1/19 576,000.00 2.050000 57,769.00 633,769.00
8/ 1/19 51,865.00 51,865.00 685,634.00
2/ 1/20 588,000.00 2.050000 51,865.00 639,865.00
8/ 1/20 45,838.00 45,838.00 685,703.00
2/ 1/21 600,000.00 2.050000 45,838.00 645,838.00
8/ 1/21 39,688.00 39,688.00 685,526.00
2/ 1/22 613,000.00 2.050000 39,688.00 652,688.00
8/ 1/22 33,404.75 33,404.75 686,092.75
2/ 1/23 625,000.00 2.050000 33,404.75 658,404.75
8/ 1/23 26,998.50 26,998.50 685,403.25
2/ 1/24 638,000.00 2.050000 26,998.50 664,998.50
8/ 1/24 20,459.00 20,459.00 685,457.50
2/ 1/25 652,000.00 2.050000 20,459.00 672,459.00
8/ 1/25 13,776.00 13,776.00 686,235.00
2/ 1/26 665,000.00 2.050000 13,776.00 678,776.00
8/ 1/26 6,959.75 6,959.75 685,735.75
2/ 1/27 679,000.00 2.050000 6,959.75 685,959.75
8/ 1/27 685,959.75
6,200,000.00 660,949.61 6,860,949.61
ACCRUED
6,200,000.00 660,949.61 6,860,949.61
Dated 7/20/17 with Delivery of 7/20/17
Bond Years 32,241.444
Average Coupon 2.050000
Average Life 5.200233
N I C % 2.050000 % Using 100.0000000
T I C % 2.049931 % From Delivery Date
Arbitrage Yield 2.049931
Prepared by Larson Consulting Services, Orlando, Florida
Micro-Muni Sizing Date: 05-31-2017 @ 11:03:04 Filename: bank17 Key: hancockmay31
Attachment 2
CITY OF CAPE CANAVERAL, FLORIDA
General Fund Analysis(1)
[city seal] Historical and ProForma Debt Service Coverage Analysis
Audited 2011 Audited 2012 Audited 2013 Audited 2014 Audited 2015 Audited 2016
Pledged Revenues
Taxes
Franchise Taxes $679,205 $628,219 $606,618 $656,300 $640,000 $732,731
Utility Taxes(PST) 1,322,226 1,298,137 1,378,631 1,585,870 1,504,000 1,652,706
Subtotal 2,001,431 1,926,356 1,985,249 2,242,170 2,144,000 2,385,437
Intergovernmental Revenue
State Revenue Sharing-Guaranteed 252,800 252,800 252,800 252,800 252,800 252,800
Half Cent Sales Tax 464,027 460,740 488,986 501,850 536,222 577,991
Subtotal 716,827 713,540 741,786 754,650 789,022 830,791
Total Pledged Revenues 2,718,258 2,639,896 2,727,035 2,996,820 2,933,022 3,216,228
Debt Service
Series 2014 Note 612,123 612,123 612,123 612,123 612,123 612,123
Proposed Series 2017 Note(3) N/A N/A N/A N/A N/A 689,203
Total Debt Service 612,123 612,123 612,123 612,123 612,123 1,301,326
Projected Coverage 4.44 4.31 4.46 4.90 4.79 2.48
(1)Information provided by the City.Please refer to the City's CAFR's.
(2)Projected Debt Service coverage for FY 2016 based on estimated maximum annual debt service for 10 year Series 2017 Note of approximately$689,203($6.2 Million),
maximum annual debt service of$612,123 on$5.5 Million Series 2014 Note(closed 02/26/14),with audited FYE 2016 Pledged Revenues.Historial coverage 2011-2015 based
on MADS for Series 2014 Note.
(3)$6.2 Million Series 2017 Note,1st Principal payment February 1,2018,final maturity February 1,2027.First interest payment February 1,2018,every August 1 and
February 1 thereafter.Approximately level debt service,parity note to Series 2014.Average life approximately$5.2 years,fixed BQ note of 2.05%
Page 1
Prepared by Larson Consulting Services,Orlando, Florida,June 1,2017 Cape Canaveral-Pledged Revenue Analysis
Attachment 3
LARS ® N
Consuitm 3j S'r vi[['4.
June 6, 2017
To: Mr. John De Leo
Administrative/Financial Services Director
Mr. David Greene
City Manager
City of Cape Canaveral, Florida
Re: Proposed Up to $6,200,000 Capital Improvement Revenue Note, Series 2017
City of Cape Canaveral, Florida("the City")
From: Jeff Larson, President, Larson Consulting Services, Orlando ("LCS")
Financial Advisor to the City
Re: General Comments-Financial Advisor Recommendation on Indicative Proposal From
Hancock Bank, Series 2017 Note
Following our discussions with the City Staff last fall, and input from Bond Counsel,we
understand that the prior lender on the 2014 Note, Hancock Bank, approached the City and
provided a proposal to assist with the above referenced financing, subject to confirmation of
terms and formal credit approval. LCS had prepared in 2016 as part of the dialogue with City
Staff for planning purposes a draft Bank RFP, and some preliminary financing schedules. We
understand that these were shared with the proposed Lender as a courtesy. As directed by the
City, LCS has been able to get with Hancock bank to confirm their interest, and desire to be
supportive to the City.
Therefore, based on this approach, the cost effectiveness of having similar parity lien Note
documents utilized, and our knowledge of other comparable bank pricings in the Florida
marketplace for other LCS clients for similar terms, we feel comfortable in recommending
Hancock Bank as the lender on the 2017 Note. They have proposed a Ten Year fixed rate of
2.05% and tend to bring in competent Lender's counsel at reasonable not to exceed fees. We
understand they are working with LCS and City supplied material to seek formal credit approval
and lock in this rate. Rates are subject to changing market conditions, and we would, as your
Financial Advisor,request that the Bank provide this Note at a rate of 2.05% or lower, if rates
have moved in that direction.
We are happy to provide any questions should they arise, and support the City again on this
project financing. A proposed Financing Timetable and updated Financing Numbers are attached
for reference.
Jeffrey T. Larson
President
Larson Consulting Services, Orlando
SEC Licensed, Series 50,Municipal Advisor
1
Attachment 4
ORDINANCE NO. 07-2017
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, ADOPTED IN FURTHERANCE OF THE
REQUIREMENT SET FORTH IN SECTION 2.12(5), CAPE CANAVERAL
CHARTER; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$6,200,000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2017,
OF THE CITY TO FINANCE THE COST OF A MULTIGENERATIONAL
CENTER, CULTURAL ARTS PRESERVATION ENRICHMENT (CAPE)
CENTER AND RELATED CAPITAL IMPROVEMENTS; PROVIDING
FOR THE SERIES 2017 NOTE TO BE SECURED BY THE CITY'S PUBLIC
SERVICE TAX, HALF-CENT SALES TAX, GUARANTEED
ENTITLEMENT, COMMUNICATIONS SERVICES TAX AND CERTAIN
FRANCHISE FEES; AUTHORIZING THE CITY'S FINANCING TEAM
TO PROCEED TO DEVELOP NECESSARY DOCUMENTS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS OR PARTS OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH; SEVERABILITY AND
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Authority for this Ordinance. This Ordinance is enacted pursuant to the
provisions of Chapter 166, Part II, Florida Statutes, Section 2.12(5) of the City Charter, City of
Cape Canaveral, Florida (the "City") and other applicable provisions of law(the "Act").
SECTION 2. Findings. It is hereby ascertained, determined and declared that:
(A) The City (i) pursuant to Section 166.231, Florida Statutes and certain ordinances,
levies a tax on the purchase of certain utility services provided within the jurisdictional limits of
the City (the "Public Service Tax"); (ii)pursuant to the provisions of Chapter 218,Part VI,Florida
Statutes, receives a distribution from the Local Government Half-Cent Sales Tax Clearing Trust
Fund (the "Half-Cent Sales Tax"); (iii) in accordance with the provisions of Chapter 218, Part II,
Florida Statutes,receives funds from the Revenue Sharing Trust Fund for Municipalities, a portion
of which distribution is the "guaranteed entitlement" as defined in Section 218.21, Florida Statutes
(the "Guaranteed Entitlement"); (iv)pursuant to the authorization set forth in Chapter 202,Florida
Statues,the City receives the Communications Services Tax(the"Communications Services Tax")
and (v) receives fees as a result of granting various entities permission to provide within the City
electric and directly electric-related services and a natural gas distribution system(collectively,the
"Franchise Fees"). Such Public Service Tax, Half-Cent Sales Tax, Guaranteed Entitlement,
Communications Services Tax and Franchise Fees are not now pledged in any manner other than
to the City's Capital Improvement Revenue Note, Series 2014.
(B) The City is without currently available funds to pay for all of the costs of acquiring
and constructing a Multigenerational Center, a Cultural Arts Preservation Enrichment (CAPE)
City of Cape Canaveral
Ordinance No.07-2017
Page 1 of 3
Center and related capital improvements (the "Project"), and therefore proposes to pay a portion
of such costs thereof from the proceeds of its not exceeding $6,200,000 Capital Improvement
Revenue Note, Series 2017 (the "Series 2017 Note") to be issued by the City.
(C) The principal of, premium, if any, and interest on the Series 2017 Note and all
required sinking fund, reserves and other payments will be payable solely from (i) the Public
Service Tax, the Half-Cent Sales Tax, the Guaranteed Entitlement, the Communications Services
Tax and the Franchise Fees and (ii) until applied in accordance with the provisions of a
supplemental resolution (the "Resolution") of the City adopted prior to the delivery of the Series
2017 Note, all moneys, including investments thereof, on deposit in or credited to certain funds
and accounts established under the Resolution (collectively with (i) above, the "Pledged
Revenues") and the City will never be required to levy ad valorem taxes on any property therein
to pay the principal of and interest on the Series 2017 Note or to make any other payments provided
for herein or in the Resolution, and the Series 2017 Note will not constitute a lien upon any
properties owned by the City or located within the boundaries of the City, but will be payable
solely from the Pledged Revenues in the manner provided in this Ordinance and in the Resolution
supplemental hereto.
(D) It is necessary and desirable to confirm the professionals who will continue to assist
the City in the proceedings necessary for the authorization, sale and issuance of the Series 2017
Note and investment of proceeds of the Series 2017 Note.
SECTION 3. Authorization of Series 2017 Note and Acquisition and Construction of
Project. The issuance by the City of its not exceeding $6,200,000 Capital Improvement Revenue
Note, Series 2017 for the purpose of paying costs of acquiring and constructing the Project and the
cost of issuance for the Series 2017 Note is hereby authorized.The Series 2017 Note shall be dated,
shall bear interest at a rate or rates not exceeding the maximum legal rate per annum, shall mature,
shall be subject to redemption, shall be secured solely by a lien upon and pledge of the Pledged
Revenues and shall have such other characteristics as shall be provided by the Resolution. Any
Note(s)required by the lender shall be in form approved by the City Manager in consultation with
the Finance Team, as hereinafter defined, consistent with the terms and conditions of this
Ordinance and the Resolution.
SECTION 4. Designation of Finance Team and Approval of Terms of Engagement.
The Finance Team with respect to the Series 2017 Note shall consist of: Larson Consulting
Services, LLC, as Financial Advisor to the City, Akerman LLP as Bond Counsel, Garganese,
Weiss & D'Agresta, PA as City Attorney, the City Manager, the Finance Director and the City
Clerk(the "Finance Team"). Under the direction of the City Manager,the Finance Team is hereby
approved and shall take such action and execute such documents on behalf of the City, deemed
reasonably necessary to effectuate the loan closing authorized by this Ordinance. In addition, to
the extent required by the lending institution and deemed advisable by the Finance Team, the
Mayor or Mayor Pro Tem is hereby authorized to execute loan documents on behalf of the City.
SECTION 5. Conflicting Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in
City of Cape Canaveral
Ordinance No.07-2017
Page 2 of 3
conflict herewith are hereby repealed and all prior inconsistent ordinances and resolutions or parts
of prior inconsistent ordinances and resolutions not in conflict herewith are hereby continued in
full force and effect.
SECTION 6. Severability. If any portion, clause, phrase, sentence or classification of
this Ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative
or void, then such declaration shall not be construed to affect other portions of this Ordinance; it
is hereby declared to be the express opinion of the City Council of the City of Cape Canaveral that
any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this
Ordinance did not induce its passage, and that without the inclusion of any such portion or portions
of this Ordinance, the City Council would have enacted the valid constitutional portions thereof
SECTION 7. Effective Date. The provisions within this Ordinance shall take effect
immediately upon the adoption date.
ADOPTED by the City Council of the City of Cape Canaveral, FL this day of
, 2017.
Bob Hoog,Mayor
ATTEST:
Name FOR AGAINST
Mike Brown
Mia Goforth, CMC,
City Clerk Bob Hoog
First Reading: June 20, 2017 Brendan McMillin
Legal Ad Published: , 2017
Second Reading: , 2017 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.07-2017
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 6/20/2017
Item No. 7
Subject: Ordinance No. 08-2017; amending Chapter 98 of the Cape Canaveral Land
Development Code relating to submittal, 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 Code, severability
and an effective date, first reading.
Department: Community Development
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(P&Z) 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 to a single approval that
required one hearing before the P&Z Board and one before City Council.
The proposed Ordinance advances the effort to streamline/augment the current process,notably:
1. Lot Line Adjustment - the proposed Ordinance creates a Lot Line Adjustment process
(Sec. 98-67), whereby minor boundary adjustments, between adjacent parcels, can be
administratively approved without triggering platting requirements. The Section also
establishes application requirements, a review process and additional criteria that must
be met prior to approval of a Lot Line Adjustment. A survey of the original and
reconfigured lots prepared by a licensed land surveyor shall be required. In most cases,
affected property owners will be required to enter into a Unity of Title Agreement with
the City.
2. Approval Criteria—the proposed Ordinance adds 6 criteria that must be met in order to
approve a lot split or preliminary and final plat. The criteria are aimed at ensuring the
compatibility of the application with the surrounding neighborhood and adequate public
services are available.
3. Variance Process—currently,a variance request from the subdivision regulations is first
considered by the P&Z Board, with final action taken by the Board of Adjustment. As
proposed, a variance will be considered by the P&Z Board with final action taken by
the City Council. An aggrieved party shall have the right to file an action in a court of
competent jurisdiction.
At its May 24,2017 Regular Meeting,the P&Z Board recommended to City Council the changes
indicated in the proposed Ordinance.
Submitting Department Director: David Dickey Date: 6-3-17
City Council Meeting
Date: 6/20/2017
Item No. 7
Page 2 of 2
Attachment:
Ordinance No. 08-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/12/17
The City Manager recommends that City Council to e the following action:
Approve Ordinance No. 08-2017 on first reading.
Approved by City Manager: David L. Greene Date: 6-13-17
ORDINANCE NO. 08-2017
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, 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 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 Chapter 2. Chapter 98, Zoning, 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 98. It is intended that the text in Chapter 98, denoted by the asterisks and
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Ordinance No.08-2017
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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.
Planning Official means the Community Development Director or his or her designee.
Subdivision means the division of a tract of land into 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 city council delegates to the planning and zoning board the advisory powers expressed
in this chapter.
Sec. 98-4. -Variance.
(a)Hardship. Whenever the planning and zoning board finds that hardship may result from
strict compliance with this chapter, based on applicable criteria and requirements set forth in this
chapter, it may recommend to the city council 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
city council for a variance from these regulations. The application shall first be
submitted to the planning and zoning board for study and written recommendation, and shall be
accompanied by a fee established by the city council. The city
council shall consider the recommendation of the planning and zoning board as part of the official
record when hearing an application for a variance. The application shall be in such form as
approved by the planning official and shall contain the following minimum
information:
(1) The name of the owner of the particular real property.
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(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.
(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. Upon receipt of the executed application and recommendation from the
planning and zoning board, 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 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 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
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(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
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 council grant a
variance which will result in a change of land use that would not be permitted in the applicable
zoning classification.
(e) Conditions. In granting any variance, the
city council may prescribe appropriate conditions and safeguards in conformity with this
chapter and any ordinance enacted by the city. The 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 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) Any party
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 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
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 city council.
***
Article II Plats and Lot Splits
***
Division 1.— Generally
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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
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Ordinance No.08-2017
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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 planning and zoning board and city
council as required by this chapter. The planning and zoning board shall recommend, in writing,
approval, approval with conditions, or disapproval to the city council. All recommendations,
conditions and changes of the planning and zoning board shall be noted on the preliminary plat,
which shall be provided to the city council.
Sec. 98-46. -Planning and zoning board and city council review.
(a) The planning and zoning board and city council shall review the preliminary plat and other
material submitted for conformity with this Code and may negotiate on changes deemed advisable_
The planning and zoning board and city council shall vote to either accept, reject, or modify the
planning official's recommendation. All conditions and changes shall be noted on the preliminary
plat by the planning official as directed by the city council.
Sec. 98-47. - General criteria for approval.
Prior to the planning and zoning board recommending approval to the city council,
applicants shall demonstrate to the planning and zoning board, and the planning and zoning board
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 (j) 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.
(g) 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.
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Q) The application does not pose any significant harm to the adequate and economical
provision of water, sewer and other public services.
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 board.
Sec. 98-61. - Planning and zoning board and city council review; general criteria for
approval.
(a) When all requirements under this division have been satisfied, the planning and zoning
board will vote to 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 or as soon as possible thereafter. The city council shall vote;
to either accept, reject, or modify the board's recommendation.
(b) Prior to the planning and zoning board recommending approval to the city council,
applicants shall demonstrate to the planning and zoning board, and the planning and zoning board
must find, that the proposed final plat meets the criteria listed in subsections (1) through (10)
below. Further, prior to approving any proposed final plat, the applicant must demonstrate to the
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city council, and the city council must find, that the proposed final plat meets the criteria listed in
subsections (1) through (10) below.
(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 by the city 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 application provides for adequate light and air.
(9) The application does not create overcrowding of land.
(10) The application does not pose any significant 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.
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(b)Lot Split Review and Processing. Every lot split shall be processed in the following manner:
(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 by the 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 by the 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 accompany the application.
e. A title opinion or report of the affected land verifying the record owner(s) and
any mortgage holders.
(2)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. 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. 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.
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Ordinance No.08-2017
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d. 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 planning and zoning board.
(3) Public hearings.
The planning and zoning board shall consider an application for lot split at a duly
noticed public hearing and shall vote to recommend approval or disapproval of the lot split
to the city council. Upon receipt of the planning and zoning board's recommendation,
the city council
shall, at a duly noticed public hearing, 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 recommended for approval by the planning
and zoning board or approved by the city council, the applicant must demonstrate,
and the planning and zoning board or city council must find, that the proposed lot
split meets the following criteria:
a. The proposed lot split shall in every respect meet the criteria
established elsewhere in this chapter and the city code for the category of
zoning 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. 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 to all affected
properties through a public or approved private street or perpetual cross access
easement.
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.
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g. 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.
(5) 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 zoning board and city council hearings 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 planning and zoning board and city
council hearings.Notice of the planning and zoning board and city council hearings
may be consolidated into one notice. 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.
(c) Recording. Upon approval of any lot split by resolution of the city council, the
resolution of the city council shall be duly recorded in the official public records of
Brevard County and the lot split shall be reflected on the
appropriate city maps and documents.
(d) Restriction on additional lot split minor plat. No further division of an approved lot split is
permitted under this section, except through the 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
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.
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(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) Instrument(s) 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 providing the opportunity to create
a new lot(s) for resale or development or by making the density or intensity of any lot
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:
(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 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:
i. 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 the record owner(s) 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.
(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;
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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
applicable 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) Unity of Title. In most cases, the planning official shall require the affected property 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
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.
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Ordinance No.08-2017
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Section 6. Effective Date.This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED,by the City Council of the City of Cape Canaveral, Florida, this day of
, 2017.
Bob Hoog,Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1St Reading: June 20, 2017
Advertisement: , 2017
2nd Reading: , 2017
City of Cape Canaveral
Ordinance No.08-2017
Page 14 of 14
r.' City of Cape Canaveral
to .2 --- City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 8
Subject: Ordinance No. 09-2017; 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 Code,
severability and an effective date, first reading.
Department: Community Development
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 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.
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
City Council Meeting
Date: 6/20/2017
Item No. 8
Page 2 of 2
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.
At its May 24, 2017 Regular Meeting, the Planning & Zoning Board recommended to City
Council the changes indicated in the proposed Ordinance.
Submitting Department Director: David Dickey Date: 6-7-17
Attachment:
Ordinance No. 09-20.17
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 6/6/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 09-2017 on first reading.
Approved by City Manager: David L. Greene Date: 6/7/17
ORDINANCE NO. 09-2017
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 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.09-2017
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 up 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.09-2017
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 day of
2017.
[Signature page follows]
City of Cape Canaveral
Ordinance No.09-2017
Page 3 of 4
Bob Hoog,Mayor
ATTEST: For Against
Mike Brown
Mia Goforth,CMC Robert Hoog
City Clerk
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1St Reading/Transmittal: June 20, 2017
Advertisement: , 2017
2nd Reading/Transmittal: , 2017
City of Cape Canaveral
Ordinance No.09-2017
Page 4 of 4
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 9
Subject: City Council designate one (1) City Official to be the Voting Delegate at the 91st
Annual Florida League of Cities Conference scheduled for August 17-19, 2017–World Center
Marriott, Orlando, Florida and decide if it wishes to propose resolution(s) for the League's
consideration.
Department: City Clerk's Office
Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal
governments. Its goals are to promote local self-government and serve the needs of Florida's
municipal governments. Growing from a small number of cities and towns, it now represents
more than 400 cities, towns and villages. The League is governed by a Board of Directors
comprised of elected municipal officials. The FLC's 91st Annual Conference is scheduled for
August 17-19, 2017 at the World Center Marriott, Orlando, Florida.
League By-Laws require that each member municipality sending delegates to the Annual
Conference of the FLC designate one(1)of its officials to cast its votes at the Annual Business
Session.
Additionally, the FLC adopts resolutions each year to take positions on commemorative,
constitutional or Federal issues. If City Council wishes to propose a resolution, it must be
received by the League no later than July 12th,2017.
Staff requests Council designate one (1) City Official to be the Voting Delegate at the
Conference and decide if it wishes to propose resolution(s) for the League's consideration.
Submitting Department Director: Mia Goforth Date: 5/30/17
Attachment: Letter,Designation of Voting Delegate orm and List of Important Dates
Financial Impact: Cost of attendance at Conference; Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/30/17
The City Manager recommends that City Council take the following action(s):
City Council designate one(1)City Official to be the Voting Delegate at the 91st Annual Florida
League of Cities Conference scheduled for August 17-19, 2017 – World Center Marriott,
Orlando,Florida and decide if it wishes to propose resolution(s)for the League's consideration.
Approved by City Manager: David L. Greene Date: 5/30/17
[Florida League of Cities Inc. logo]
301 South Bronough Street•Suite 300• P.O.Box 1757 • Tallahassee,FL 32302-1757 • (850)222-9684 • Fax(850)222-3806• www.floridaleagueofcities.com
TO: Municipal Key Official
FROM: Michael Sittig, Executive Director[signature]
DATE: May 22, 2017
SUBJECT: 91st Annual FLC Conference
VOTING DELEGATE INFORMATION
August 17-19, 2017 — World Center Marriott, Orlando
As you know, the Florida League of Cities' Annual Conference will be held at the
World Center Marriott, Orlando, Florida on August 17-19. This conference will provide
valuable educational opportunities to help Florida's municipal officials serve their
citizenry more effectively.
It is important that each municipality designate one official to be the voting delegate.
Election of League leadership and adoption of resolutions are undertaken during the
business meeting. One official from each municipality will make decisions that determine
the direction of the League.
In accordance with the League's by-laws, each municipality's vote is determined by
population, and the League will use the Estimates of Population from the University of
Florida for 2016.
Conference registration materials will be sent to each municipality in the month of June.
Materials will also be posted on-line. Call us if you need additional copies.
If you have any questions on voting delegates, please call Gail Dennard at the League
(850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be
received by the League no later than August 14, 2017.
Attachments:Form Designating Voting Delegate
President Susan Haynie,Mayor, Boca Raton
First Vice President Gil Ziffer, Commissioner,Tallahassee • Second Vice President Leo E. Longworth, Commissioner, Bartow
Executive Director Michael Sittig • General Counsel Harry Morrison,Jr.
91st Annual Conference
Florida League of Cities, Inc.
August 17-19, 2017
Orlando, Florida
It is important that each member municipality sending delegates to the Annual
Conference of the Florida League of Cities, designate one of their officials to cast their
votes at the Annual Business Session. League By-Laws requires that each municipality
select one person to serve as the municipalities voting delegate. Municipalities do not
need to adopt a resolution to designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Fax to Gail Dennard at (850) 222-3806 or email gdennard@ficities.com
Important Dates
May 2017
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
June 2017
Appointment of Resolutions Committee Members
July 12th
Deadline for Submitting Resolutions to the League office
August 17th
Policy Committee Meetings
Voting Delegates Registration
August 18th
Resolutions Committee Meeting
August 19th
Immediately Following Breakfast—Pick Up Voting Delegate Credentials
Followed by Annual Business Session
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 6/20/2017
Item No. 10
Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine
how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager David L. Greene.
Department: Human Resources
Summary: Section 2, Salary and Evaluation, sub-section "B" of the City Manager's
Employment Agreement (Attachment 1) allows consideration for an adjustment to the base
salary and/or other benefits based upon performance evaluation which is required to occur
between May and July of each year.
City Council Member individual reviews were combined as written into the Composite
Evaluation(Attachment 2). Scores received were combined into a composite (Attachment 3).
City Council Members are requested to ratify the Composite Evaluation and then discuss and
determine how to proceed with the provisions of the Employment Agreement.
Submitting Department Director: Jane E. Ross Date: 6-8-2017
Attachments:
1. Excerpt from City Manager Employment Agreement.
2. Composite Performance Evaluation for City Manager David L. Greene.
3. Composite Scores for Performance Evaluation for City Manager David L. Greene.
Financial Impact: Dependent upon the actions of the City Council.
Reviewed by Finance Director: John DeLeo Date: 6/6/17
Attachment 1
EXCERPT FROM CITY MANAGER EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT(hereinafter referred to as "Agreement"),is by and
between the City of Cape Canaveral, Florida, a Florida municipal corporation(hereinafter referred
to as "City"), and David Greene (hereinafter referred to by name or as "City Manager").
Section 2. Salary and Evaluation.
A. For the performance of services pursuant to this Agreement,the City agrees to pay the City
Manager an annual base salary of Ninety-Nine Thousand Five Hundred and No /100 Dollars
(Currently: $144,372.80), payable in installments at the same time as other City employees are
paid with an evaluation for a potential increase in the base salary within six (6)months of June 1,
2010, as determined by the City Council at the Council's discretion.
B. In addition to the provisions of subparagraph A above, the City agrees to consider
adjustments of said base salary and/or other benefits of the City Manager in such amounts and to
such an extent as the City Council may determine desirable on the basis of an annual performance
evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City
Manager agree upon and shall be made between May and July of each year in which this
Agreement is effective.
C. During the first year of this Agreement only, the City Manager shall have an additional
evaluation that will take place between November 2010 and January 2011 and shall receive a
potential increase in his base salary as determined by the City Council at the Council's discretion.
D. All salary shall be paid less appropriate deductions for employment taxes, income tax and
other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory
benefits.
Attachment 2
Composite Performance Evaluation for City Manager David L.Greene
Employee: David L. Greene Date presented: 6/20/2017
Evaluation Period: June 2016 through May 2017 Date of Hire: 6/1/2010
Objectives:
• To evaluate the City Manager's performance of widely varied duties and responsibilities.
• To evaluate certain skills and traits that shape a successful City Manager's ability to
perform widely varied duties and responsibilities.
• To assess the quality of municipal services by measuring the management team's level of
performance in specific functional areas.
• To enable the City Council to identify and address specific strengths, areas needing
improvement, and performance objectives for the next evaluation period.
• To provide a management tool for continued improvement of the City administration.
Methods:
The Mayor and City Council members are to individually assess performance criterion by placing
an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0)to Below Expectations
(1.0). The performance standard evaluation scale is defined as follows:
1. Below expectations—Intolerable behavior or poor performance.
2. Marginal — Performance that is below recognized standards. Problems may exist in the
quality, quantity, or timeliness of work performance and more than normal attention to
improvement is required. Serves as a warning that work efforts could easily become
unsatisfactory if not corrected.
3. Acceptable — Performance that requires only normal correction. Quality, quantity and
timeliness of work are generally good. This is a person doing an average job when
performance is compared to that of peers.
4. Optimal — The unusual performance with a minimum of direction needed and, with rare
exception, good quality, quantity, and timeliness. This is a person doing an excellent job
under ordinary circumstances.
5. Exceeds expectations—Outstanding performance. This is a person who constantly delivers
above and beyond expectations of the job, always presenting excellent quality and quantity
in a timely manner.
This performance assessment may involve comparison to past performance, the performance of
other similar municipalities, or another standard as determined by the evaluator, but should focus
on performance during the specified evaluation period.
City Council members are encouraged to note strong points and/or concerns in the comment
section following the assessment of each performance criterion.
Page 1 of 16
Composite Performance Evaluation for City Manager David L.Greene
Results:
Completed evaluation forms are to be forwarded to Human Resources. Human Resources will
tabulate and summarize the results into a final report that will later be presented to the City Council
and the City Manager.
Section I.Area Evaluation
Rate the City Manager on his performance in each of the areas below by placing an"x" above the
number you feel best describes his performance in that area.
1 =Below Expectations; 2 =Marginal; 3 =Acceptable; 4 = Optimal; 5 =Exceeds Expectations
1. Communications
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 4.75 4.85
2016 Composite: 4.43
Maintains constructive relations with the press and communicates clearly with department heads,
employees, the general public, and intergovernmental agencies; demonstrates effective listening,
oral and written communication skills; provides opportunities for communications from citizens;
effectively utilizes tools such as newsletters, press releases, the Internet and public speaking
opportunities to inform the community about Council actions and policies,plans for the future and
the economic outlook of the City. Comments:
Mayor Hoog: David communicates well verbally, in writing and on social media.
Council Member Randels:
Mayor Pro Tem McMillin: Mr.Greene is available for updates whenever requested and provides
feedback in a timely manner. He also ensures his staff uses several available media streams such
as the Internet, new and local media.
Council Member Brown: The City Manager is an excellent communicator. He keeps City
Council informed via the Internet. The City Manager should seek more opportunities to speak with
the citizens of Cape Canaveral.
Council Member Walsh: The City Manager has implemented many avenues to communicate
the city's message to Department Directors, Employees and the general public. Mr. Greene has
also done an exceptional job at creating and staffing the Community Engagement Department to
engage residents and communicate to the residents with more information available not only on
the website, but through Facebook, Twitter, Instagram, etc.
Page 2 of 16
Composite Performance Evaluation for City Manager David L.Greene
2. Relationship with City Council
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 4.75 4.95
2016 Composite: 4.7
Openly communicates with City Council members; promptly and properly responds to requests;
keeps City Council members informed of current issues and remains accessible; provides support
in carrying out Council decisions. Comments:
Mayor Hoog: David has a good relationship with the Council and responds to its goals very well.
Council Member Randels:
Mayor Pro Tem McMillin: During Council meetings Mr. Greene is very clear in his goals and
agenda items that are presented to Council. His relationship with other Council Members seems to
be very professional and ethical.
Council Member Brown:The City Manager expeditiously responds to requests from the Council.
Council Member Walsh:The City Manager responds promptly to Council's concerns,utilizes an
open door policy and is available to Council Members as needed. The City Manager faces the
challenge of managing the different viewpoints of multiple Council Members and changing
Council Members of which he continues to do very well. Mr. Greene is very willing to share his
thoughts, likes, dislikes, opinions and views.
3. Budgeting
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 5 5
2016 Composite: 4.7
Provides capital improvement plans or any other short and/or long range plans that anticipate the
needs of the community; presents a timely annual budget which is well documented, organized,
and one which closely represents the goals of the City Council. Comments:
Mayor Hoog: David works well with his Staff in setting the budget in a timely manner; all items
are well documented/defined.
Council Member Randels:
Mayor Pro Tem McMillin: Mr. Greene has taken advantage of several sources of finances to
improve our community such as grants and private banks to leverage the city's available resources.
He took advantage of the current low market rates to fund the proposed projects that Council
approved at the annual visioning meeting.
Page 3 of 16
Composite Performance Evaluation for City Manager David L.Greene
Council Member Brown:
Council Member Walsh: Mr. Greene does this extremely well. He continuously puts efforts
toward aligning the Five Tear Capital Improvement Plan with the Goals, Objectives and Priorities
of the City Council by working with City Council to diversifying the City's revenue stream while
keeping the millage rate in check.
4. Financial Management
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 5 5 5 4.95
2016 Composite: 4.8
Accurately and precisely reports and projects the financial condition, budgets realistically;
implements management practices and policies to maintain or achieve a sound long-term financial
condition; uses debt appropriately; plans for the long-term replacement and maintenance of
equipment and infrastructure. Comments:
Mayor Hoog: David plans the projects well; financial status of the City is visible and well set in
place; infrastructure is well-maintained.
Council Member Randels:
Mayor Pro Tem McMillin:Mr. Greene has laid a financial plan for the city that will maintain the
infrastructure at functional levels and allow for replacement of items before they reach their
expected life span. I am very confident in his budgeting ability.
Council Member Brown:
Council Member Walsh: The City is in strong financial condition. Mr. Greene continues to excel
in this dimension.
5.Asset Management
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 5 5
2016 Composite: 4.70
Oversees appearance & condition of City-owned facilities, equipment, and vehicles; reviews
equipment and property for the purpose of future development/replacement. Comments:
Mayor Hoog: David has brought the City together by maintaining the City's equipment/buildings
and vehicles, which are one common color. This shows a professional and organized appearance
Council Member Randels:
Mayor Pro Tem McMillin: Mr. Greene has guided the city to a new Renaissance through the
construction of a new city hall and the planned total rehabilitation of another park to include items
Page 4 of 16
Composite Performance Evaluation for City Manager David L.Greene
that have been sought by the community such as a multigenerational facility,skate park and splash
pad. Furthermore, he has a planned renovation of the former city hall into a center of cultural
activity. I am happy that he gave the architect the freedom to come up with a concept that would
work for our city rather than dictate ideas. This shows his willingness to trust the professionalism
of others at a small risk with the potential of great rewards.
Council Member Brown:
Council Member Walsh: The Five Year Capital Improvement Plan and the General Government
and Enterprise Renewal/Replacement Funding Programs are just two programs that will ensure
present and future repairs, upgrades and replacement needs are being met.
6. Planning and Organization
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 5 5
2016 Composite: 4.8
Works with the City Council in developing the City's long and short term goals, objectives,vision
and strategic plan; makes efforts to carry out the goals, policies and programs of the Council;
demonstrates the ability to anticipate the needs of the City and recommends options to
appropriately respond to those needs. Comments:
Mayor Hoog: David has done an exceptional job at bringing organization to the City. He works
well with his team and follows the direction of the City Council to meet its goals.
Council Member Randels:
Mayor Pro Tem McMillin: This critique is fulfilled exceptionally with the annual visioning
session that the city holds. The visioning meeting is the opportunity for the city to dream big and
then focus on the possible and evaluate the past. If every organization I were involved with did
this then our area would be even a better place to live.
Council Member Brown:
Council Member Walsh: The goals and objectives of the City/Council should be closely aligned
with the Visioning and Economic Development Action Plans that were established and revisited
by Council. Mr. Greene has also done an exceptional job at creating and staffing the Community
Engagement Department. There were many items and projects discussed in past years as well as
the need to get more involvement from the community. With the "Community Engagement"
department and actual dedicated staff allocated to these efforts, many items and ideas became
reality this past year such as the Community Garden and Brain Storming Sessions, as well as more
interne presence (Face Book, Twitter and Instagram for example). Thank you Mr. Greene for
knowing what needed to be done to make all this happen and for staffing the position appropriately.
Page 5 of 16
Composite Performance Evaluation for City Manager David L.Greene
7. Decision Making
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 4.5 5 5 4.85
2016 Composite: 4.55
Makes timely decisions that are well thought out and in the best interest of the City; accepts
responsibility for outcomes; handles difficult situations in a professional and pro-active manner.
Comments:
Mayor Hoog: David has the information requested and meets all timelines set by the City Council
and has said, many times,he will stand behind his decision.
Council Member Randels:
Mayor Pro Tem McMillin: Mr. Greene is very proactive and is not afraid to meet a challenge. In
fact I believe he relishes a challenge. He also has no problem admitting mistakes and offering
suggestions to rectify them.
Council Member Brown:
Council Member Walsh:Mr. Greene does not hesitate to handle difficult situations. He considers
facts, issues and potential outcomes prior to making a decision and generally does so in the best
interest of the city.
8. Council Meetings
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 5 5 5 4.95
2016 Composite: 4.75
Attends all meetings, informs City Council in advance of future non-attendance, and arranges for
appropriate staff to attend; provides, on a timely basis, necessary documentation and information
related to issues presented during meetings; participates in discussions and makes appropriate
recommendations; provides timely agenda. Comments:
Mayor Hoog: David comes to meetings well prepared/versed and ready to go!
Council Member Randels:
Mayor Pro Tem McMillin: During Council meetings Mr. Greene is adept at guiding the Council
to a logical end and explaining what options are available. The agenda items are well researched
and presented in a timely manner.
Council Member Brown:
Page 6 of 16
Composite Performance Evaluation for City Manager David L.Greene
Council Member Walsh: As with previous years reviews,Mr. Greene continues to do a great job
in providing information in the agenda packets in a timely matter as well as in a cohesive manner.
The consent agenda section helps to make the meetings more efficient and productive.
9. Professional and Leadership Skills
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 4.5 4.75 4.75 4.75
2016 Composite: 4.40
Represents the City in a professional manner; demonstrates a high degree of integrity; displays
ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in
dealing with sensitive matters and in dealing with others; maintains an overall personable and
warm attitude. Comments:
Mayor Hoog: David has very good leadership abilities. He has surrounded himself with well-
organized and professional Staff. He directs the Staff to their full capabilities and gets the results
he expects. The appearance overall shows the results of good leadership.
Council Member Randels:
Mayor Pro Tem McMillin: Overall Mr. Greene's leadership is excellent. At Council when a
citizen comments on something negatively, Mr. Greene can tend to be a little more critical and
brusque than seems necessary. I am sure this comes with having to explain the city's actions on a
particular item several times. That is an unfortunate part of the job that requires an extraordinary
amount of patience at times. I will note a marked improvement in this regard since last evaluation.
Council Member Brown:
Council Member Walsh: Mr. Greene is a professional leader and demonstrates this in his
everyday dealings.
10. Community Relations
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 4.5 Not 4.25 5 5 4.69
Rated
2016 Composite: 3.90
Maintains positive relations with community groups and organizations; attends community
functions and designates appropriate staff to promote City Council through speaking engagements
at civic and other such types of meetings; properly handles complaints from citizens. Comments:
Page 7 of 16
Composite Performance Evaluation for City Manager David L.Greene
Mayor Hoog: David has a good relationship with the community, to the extent of what he can
do. He handles things very well.
Council Member Randels: Continue to do what you do.
Mayor Pro Tem McMillin: Throughout this year Mr. Greene has continued to prove his mettle
and guide the city on a path of sustainability and continued improvement while keeping the scale
of the City in mind. His Staff has been exemplary in addressing citizens' issues and giving
researched responses even when the outcomes are not what either party may have desired.
Council Member Brown: The City Manager needs to appear at more city functions.
Council Member Walsh: Mr. Greene designates appropriate staff personnel to attend meetings
and to represent the City at community groups and organizations. The City Staff has handled
speaking engagements and presentations very well and they have done an excellent job in
representing the city. While Mr. Greene does have some physical challenges that make it difficult
for him to attend some community related events, he does an excellent job of identifying the
appropriate Staff person to attend such events/gatherings/meetings and has done a phenomenal job
with the Community Engagement Department.
Other Comments:
Mayor Hoog:
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh:
2017 Section I. Average: 4.90
2016 Section I. Average: 4.56
Section II. Skills & Traits Evaluation
1 =Below Expectations; 2 =Marginal; 3 =Acceptable; 4= Optimal; 5 =Exceeds Expectations
1. Planning Skills
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 5 5
2016 Composite: 4.85
Anticipates future needs,identifies viable options and implements appropriate measures to achieve
goals; anticipates and analyzes problems and plans effective solutions. Comments:
Mayor Hoog: David handles the future needs and has several options to work with to get the
projects accomplished.
Page 8 of 16
Composite Performance Evaluation for City Manager David L.Greene
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Due to Mr. Greene's tremendous experience and knowledge in local
government, he is very good at anticipating problems the City could be facing and plans effective
solutions.
2. Leadership Skills
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 4.75 4.95
2016 Composite: 4.65
Builds and motivates a team,provides direction and supervision,monitors and adjusts performance
as necessary; delegates to appropriate levels in the organization. Comments:
Mayor Hoog: David has formed a team who works well together and the results are very visible
throughout the community.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: The City Manager seems to be respected by the team members and he
continues to promote a team environment with no barriers between departments. Mr. Greene
delegates effectively to the Department Directors and holds the team members accountable and
responsible.
3. Negotiating Skills
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 5 4.90
2016 Composite: 4.58
Effectively resolves the numerous conflicts inherent in municipal government; negotiates
effectively with developers and other interest groups, other governments and individuals to reach
agreements that protect the community interest. Comments:
Mayor Hoog: David has done an exceptional job as very well shows on some of the contracts;
i.e., CITY HALL, not to mention the WastePro contract. All fits well.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Page 9 of 16
Composite Performance Evaluation for City Manager David L.Greene
Council Member Walsh: The City Manager continues to successfully negotiate, and renegotiates
when needed,various City contracts in the best interest of the city.
4. Creativity
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 5 4.90
2016 Composite: 4.70
Identifies effective, efficient and,when necessary, innovative solutions to problems. Comments:
Mayor Hoog: David has a solution for everything that comes his way.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene clearly sees the potential for this City and the possibilities
it holds. He routinely approaches problems with non-traditional and creative solutions and does
so very efficiently. He is truly an effective problem solver.
5. Honesty/Fairness
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 4.75 4.85
2016 Composite: 4.70
Is consistently open, straightforward, and impartial. Comments:
Mayor Hoog: David is above reproach.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene seeks win/win solutions and does seem to operate in the
best interest of the city as a whole.
6. Adaptability
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 5 5 5 4.95
Page 10 of 16
Composite Performance Evaluation for City Manager David L.Greene
2016 Composite: 4.70
Responds positively in a timely manner to a changing world and local conditions. Comments:
Mayor Hoog: David responds well to all requests asked of him.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene continuously looks for opportunities to advance Cape
Canaveral's interest.
7. Initiative
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 5 4.90
2016 Composite: 4.75
Uses initiative to develop new programs to meet the needs of the City or resolve identified
problems; implements or modifies procedures and programs as necessary to improve
organizational effectiveness and efficiency. Comments:
Mayor Hoog: David always seems to be looking for new avenues to travel down.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: The City Manager understands the need for processes and procedures
and continues to assist the City Team members in this dimension as well. His constant review of
the way things work and his modifications of procedures continue to help the organization to
operate more efficiently and effectively. Mr. Greene is a forward thinker and he understands the
City still has many opportunities for improvement which will continue to be a challenge for him
in years ahead.
8. Resiliency
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.5 5 5 4.90
2016 Composite: 4.60
Maintains energy and motivation in spite of constant demands; handles stress well. Comments:
Page 11 of 16
Composite Performance Evaluation for City Manager David L.Greene
Mayor Hoog: David handles things well with little resistance.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene is a highly motivated individual. He is a proactive thinker
and handles demands well.
9. Humor
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 5 5 5 4.95
2016 Composite: 4.75
Maintains and shares an appropriate sense of humor to lighten the load. Comments:
Mayor Hoog: David is one you can talk to and still have the feeling that is good.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene generally has a good sense of humor. He is a very
competitive and highly driven individual.
10. Ethical Standards
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 4.75 5 5 4.95
2016 Composite: 4.70
Conforms to the high standards of the profession; follows and promotes the "ICMA Code of
Ethics." Comments:
Mayor Hoog: David holds these standards to the highest level.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene is a strong professional and sets a good example for the
City's Team of employees.
Page 12 of 16
Composite Performance Evaluation for City Manager David L.Greene
11. Job Knowledge
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 5 5 5 5 5
2016 Composite: 4.85
Has a solid knowledge of all phases of municipal government. Comments:
Mayor Hoog: David has very good knowledge of the inner workings of city government and the
City's specific needs.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: The City Manager has exceptional in-depth knowledge of municipal
government. He also possesses in-depth knowledge of local government as well as the private
business sector. As with every previous review, Mr. Greene is quite exceptional in this category.
12. Operational Efficiency
Name Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
Score 5 4.75 5 5 5 4.95
2016 Composite: 4.75
Generally obtains the best possible result for the resources expended. Comments:
Mayor Hoog: David gets the job done with the results expected at the least cost to the citizens.
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Council Member Walsh: Mr. Greene continues to operate the city very efficiently and
effectively.
Other Comments:
Mayor Hoog: I applaud David Greene for the work he has accomplished in the seven years he has
worked with the City. I know the City is in the best appearance and financial condition it has ever
been in. I would also like to wish him "Happy 7 Year Anniversary".
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown:
Page 13 of 16
Composite Performance Evaluation for City Manager David L.Greene
Council Member Walsh: Kudos to Mr. Greene for another very successful year! I truly enjoy
working with him over the years and will definitely miss being on City Council come November
2017. Keep up the good work Mr. Greene and here is wishing you many more successful years
with a city that is in my heart - The City of Cape Canaveral.
2017 Section II. Average: 4.93
2016 Section II. Average: 4.73
Section III. Quality of Municipal Service by Department/Division
Rate the quality of service provided by each of the functional departments and divisions below by
placing an"x"in the block beneath the number which you feel best describes the quality of service.
1 =Below Expectations; 2 = Marginal; 3 =Acceptable; 4 = Optimal; 5 =Exceeds
Expectations; N/S = Not Scored
Mayor Council Council Mayor Council Composite
Hoog Member Member Pro Tem Member Score
Randels Brown McMillin Walsh
DEPARTEMENT/DIVISION
City Clerk 5 5 5 5 N/S 5
Admin/Financial Services 5 5 5 5 N/S 5
Audit/Financial Services 5 4.75 5 5 N/S 4.94
Contract Utility Billing 5 5 5 5 N/S 5
Services
HR/Risk Management 5 5 5 5 N/S 5
Community Engagement 5 5 5 5 N/S 5
Community Development 5 5 5 5 N/S 5
Building/Code Enforcement 5 4.75 5 5 N/S 4.94
Local Business Tax Receipts 5 4.75 5 5 N/S 4.94
Planning and Zoning 5 5 5 5 N/S 5
Economic Development 5 5 5 5 N/S 5
Cultural and Leisure 5 5 5 5 N/S 5
Services
Public Works Services 5 5 5 5 N/S 5
Stormwater 5 5 5 5 N/S 5
Infrastructure Maintenance 5 4.75 5 5 N/S 4.94
Collections/Reclaim Field 5 5 5 5 N/S 5
Services
Plant Operations 5 5 5 5 N/S 5
CONTRACTED SERVICES
Engineering Services 5 5 5 5 N/S 5
Fire/Rescue Services 5 5 5 5 N/S 5
Police Services 5 5 5 5 N/S 5
Page 14 of 16
Composite Performance Evaluation for City Manager David L.Greene
Solid Waste Recycling 5 5 5 5 N/S 5
AVERAGE 5 4.95 5 5 N/S 4.99
Specific Comments:
Mayor Hoog:
Council Member Randels:
Mayor Pro Tem McMillin:
Council Member Brown: All the City departments do an outstanding job. I look forward to
working with each and every department.
Council Member Walsh: Overall the departments perform well.
As stated in prior reviews, a suggestion is to have a survey to reach out to the residents of Cape
Canaveral to obtain feedback from the community regarding the level of customer service and the
quality of service they are receiving from the City Departments. The City Boards are also a viable
source of feedback regarding the departments and their performance/quality of service.
2017 Section III. Average: 4.99
2016 Section III. Average: 4.72
Section IV. Strengths,Weaknesses,Performance Objectives
STRENGTHS: What do you feel are some of the City Manager's strongest points and finest
accomplishments since the previous evaluation?
Mayor Hoog:
Council Member Randels: (1) Keeping us out of the newspapers by assuring all Council
members had correct information on the subject being discussed and thus,not resulting in improper
Council decisions; (2) Timely commitments to acquiring loans & CRA at very best time for City.
Mayor Pro Tem McMillin: Mr. Greene has implemented the visioning meeting of last year
effectively. Not all goals were met, but they were all addressed. For example, he and Staff have
addressed the issues on Oak Lane directly although the issue is very complex and will take more
time to resolve.
Council Member Brown: Mr. Greene is moving the City forward at a pace that has never been
achieved. His progressive attitude is what this city has needed.
Council Member Walsh: Mr. Greene continues to focus on accountability, responsibility and
sustainability of our city team of employees. He continuously promotes a team environment. The
creation of the Community Engagement Department and all that it does is a huge accomplishment.
WEAKNESSES: What areas of the City Manager's performance do you feel most need
improvement? Do you have any suggestions for improvement in these areas?
Mayor Hoog:
Council Member Randels: Perhaps shorter, to the point, answers to audience questions (I can
apply this to myself also!).
Mayor Pro Tem McMillin: Mr. Greene has been doing this job for a long time and is very adept
as can be seen by the above comments. I would suggest that he maintain a level tone of voice when
Page 15 of 16
Composite Performance Evaluation for City Manager David L.Greene
addressing citizens in a public forum to avoid the possibility of appearing intimidating.
Council Member Brown: On rare occasions Mr. Greene displays his frustrations in a public
setting. I would suggest, take a deep breath and count to five.
Council Member Walsh: This is not necessarily a weakness. During the Strategic Planning
session, the City Manager presented great ideas for park development within the city such as
Whimsy Park, Inspiration Park and Polk Master Plan. Completing all of these would add value to
our city however, I feel that bringing these items to a vote from the people of the city prior to
implementing should be done.
NEW OBJECTIVES: List new priorities you would like to see addressed in the next year.
Mayor Hoog:
Council Member Randels: More attention to smaller projects such as: more & brighter street
lights for safety, possibly investigate LED -many dark areas throughout the City,more bike paths
(West Central Blvd.); missing sections of sidewalks filled in; flashing school zone light on
Ridgewood Ave.&Washington Ave.;bike(lockable)racks at bus shelters;beach ends; solar panel
lights in bus shelters as operations last until 11 pm; continue AlA bike pedway & International
Drive.
Mayor Pro Tem McMillin: Mr. Greene has a list of items for the visioning meeting to address
and that should keep him busy until next year.
Council Member Brown: Moving forward with established programs.
Council Member Walsh As mentioned in previous years, a process should be developed for the
various City Board members to provide feedback regarding the services and support provided by
each of the functional departments and divisions within the City that support them as these Board
Members/Individuals deal with specific departments regularly due to the role of the Boards.
City Manager Performance Evaluations conducted by the Mayor, Mayor Pro Tem and
Council Members are retained by the Human Resource Director. This document represents
the scores and comments of all as submitted.
Employee Response:
Employee Signature Date
Page 16 of 16
Composite Scores for Performance Evaluation for City Manager Greene Attachment 3
Evaluation Period June 2016 through May 2017
Presented June 2017
Council Council Mayor Council
Mayor Member Member Pro Tem Member Composite
Section 1.Area Evaluation Hoog Randels Brown McMillin Walsh Score
1 Communications 5 5 4.5 5 4.75 4.85
Relationship with City
2 Council 5 5 5 5 4.75 4.95
3 Budgeting 5 5 5 5 5 5.00
Financial
4 Management 5 4.75 5 5 5 4.95
5 Asset Management 5 5 5 5 5 5.00
Planning and
6 Organization 5 5 5 5 5 5.00
7 Decision Making 5 4.75 4.5 5 5 4.85
8 Council Meetings 5 4.75 5 5 5 4.95
Professional and
9 Leadership Skills 5 4.75 4.5 4.75 4.75 4.75
10 Community Relations 4.5 Not Rated 4.25 5 5 4.69
4.90
N/S= Not Scored
Council Council Mayor Council
Mayor Member Member Pro Tern Member Composite
Section II. Skills&Traits Evaluation Hoog Randels Brown McMillin Walsh Score
1 Planning Skills 5 5 5 5 5 5.00
2 Leadership Skills 5 5 5 5 4.75 4.95
3 Negotiating Skills 5 5 4.5 5 5 4.90
4 Creativity 5 5 4.5 5 5 4.90
5 Honesty/Fairness 5 5 4.5 5 4.75 4.85
6 Adaptability 5 4.75 5 5 5 4.95
7 Initiative 5 5 4.5 5 5 4.90
8 Resiliency 5 5 4.5 5 5 4.90
9 Humor 5 4.75 5 5 5 4.95
10 Ethical Standards 5 5 4.75 5 5 4.95
11 Job Knowledge 5 5 5 5 5 5.00
12 Operational Efficiency 5 4.75 5 5 5 4.95
4.93
Composite Scores for Performance Evaluation for City Manager Greene
Evaluation Period June 2016 through May 2017
Council Council Mayor Council
Section Ill. Quality of Municipal Mayor Member Member Pro Tem Member Composite
Service by Department/Division Hoog Randels Brown McMillin Walsh Score
City Clerk's Office 5 5 5 5 N/S 5.00
Admin/Financial Services 5 5 5 5 N/S 5.00
Audit/Financial Services 5 4.75 5 5 N/S 4.94
Contract Utility Billing Services 5 5 5 5 N/S 5.00
Human Resources/Risk Mgmt. 5 5 5 5 N/S 5.00
Community Engagement 5 5 5 5 N/S 5.00
Community Development 5 5 5 5 N/S 5.00
Building/Code Enforcement 5 4.75 5 5 N/S 4.94
Local Business Tax Receipts 5 4.75 5 5 N/S 4.94
Planning and Zoning 5 5 5 5 N/S 5.00
Economic Development 5 5 5 5 N/S 5.00
Culture & Leisure Services 5 5 5 5 N/S 5.00
Public Works Services 5 5 5 5 N/S 5.00
Stormwater 5 5 5 5 N/S 5.00
Infrastructure Maintenance 5 4.75 5 5 N/S 4.94
Collections/Reclaim Field Services 5 5 5 5 N/S 5.00
Plant Operations 5 5 5 5 N/S 5.00
Contracted Services
Engineering Services (Contracted) 5 5 5 5 N/S 5.00
Fire/Rescue Services(Contracted) 5 5 5 5 N/S 5.00
Police Services(Contracted) 5 5 5 5 N/S 5.00
Solid Waste Recycling (Contracted) 5 5 5 5 N/S 5.00
N/S = Not Scored 4.99
2016-2017 2015-2016
Section 1. Area Evaluation 4.90 4.56
Section II. Skills&Traits Evaluation 4.93 4.73
Section III. Quality of Municipal 4.99 4.72
All Sections Average 4.94 4.67