HomeMy WebLinkAbout08-15-2017 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 15, 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:
6:15 p.m. —6:25 p.m.
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2016.
Interview Applicant for appointment to the Planning and Zoning Board. (Omar Capellan)
CONSENT AGENDA:
6:25 p.m. 6:30 p.m.
1. Approve Minutes for July 18, 2017 City Council Budget Workshop and Regular Meetings.
2. Resolution No.2017-14; appointing and reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal or prior inconsistent
resolutions, severability and an effective date. (Omar Capellan and Harry Pearson)
3. Approve Atlantic Breeze Mixed-Use Concept Planned Development and associated
Development Agreement and authorize City Manager to execute same.
PUBLIC HEARINGS:
6:30p.m. 6:40p.m.
4. Ordinance No. 11-2017; prohibiting Medical Marijuana Treatment Center Dispensing
Facilities from locating within the City; adopting other conforming amendments to the City
City of Cape Canaveral, Florida
City Council Meeting
August 15, 2017
Page 2 of 2
Code to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing
Facilities within the City; providing for the repeal of prior inconsistent ordinances and
resolutions;incorporation into the Code; severability and an effective date,second reading.
5. Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral Land
Development Code; clarifying that Hotels are a permitted use in the AlA Economic
Opportunity Overlay District;providing for the repeal of prior inconsistent ordinances and
resolutions,incorporation into the Code, severability and an effective date, second reading.
ITEM FOR ACTION:
6:40 p.m. 6:45 p.m.
6. Resolution No. 2017-15; amending Appendix B, Schedule of Fees of the City Code related
to assessment of Zoning and Building Permit fees; providing for the repeal of prior
inconsistent resolutions, incorporation into the Code, severability and an effective date.
REPORTS:
6:45 p.m. 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at this
meeting,that person will need a record of the proceedings, and for such purpose that person may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does
it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to
the physically handicapped. Persons with disabilities needing assistance to participate in the
proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of
the meeting.
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 08/15/2017
PRESENTATIONS/INTERVIEWS
Subject: Presentation to the Financial Services Department of The Certificate of Achievement
for Excellence in Financial Reporting Fiscal Year ending September 30, 2016.
Department: Legislative
Summary: The Government Finance Officers Association (GFOA) has recognized the Financial
Services Department for excellence in Financial Reporting by awarding "The Certificate of
Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial
Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of
governmental accounting and financial reporting, and its attainment represents a significant
accomplishment by a government and its management.
The CAFR was judged by an impartial panel to meet the highest standards of the program
including demonstrating a constructive "spirit of full disclosure" to clearly communicate its
financial story and motivate potential users and user groups to read the CAFR. The GFOA is a
nonprofit professional association serving approximately 17,500 government finance
professionals.
This is the 22nd consecutive year that the City of Cape Canaveral's Financial Services
Department has received this prestigious award for excellence in financial reporting. The award
exemplifies the dedication, knowledge and professionalism of the Financial Services Department
Staff.
Submitting Council Member: Mayor Bob Hoog Date: 8-5-17
Attachment: GFOA July 26,2017 News Release
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/4/17
The City Manager recommends that City Council take a following action:
Recognize the Financial Services Department with The Certificate of Achievement for
Excellence in Financial Reporting.
Approved by City Manager: David L. Greene Date: 8/4/17
GOVERNMENT FINANCE OFFICERS ASSOCIATION
NEWS RELEASE
FOR IMMEDIATE RELEASE
07/26/2017 For more information contact:
Todd Buikema,Acting Director/TSC
Phone: (312) 977-9700
Fax: (312)977-4806
E-mail: tbuikema@gfoa.org
(Chicago,Illinois)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded
to City of Cape Canaveral by Government Finance Officers Association of the United States and Canada
(GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the
highest form of recognition in the area of governmental accounting and financial reporting, and its
attainment represents a significant accomplishment by a government and its management.
An Award of Financial Reporting Achievement has been awarded to the individual(s) or department
designated by the government as primarily responsible for preparing the award-winning CAFR.
The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes
demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and
motivate potential users and user groups to read the CAFR.
Government Finance Officers Association is a major professional association servicing the needs of nearly
19,000 appointed and elected local, state, and provincial-level government officials and other finance
practitioners. It provides top quality publications, training programs, services, and products designed to
enhance the skills and performance of those responsible for government finance policy and management.
The association is headquartered in Chicago, Illinois, with offices in Washington, D.C.
203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 8/15/2017
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Omar
Capellan)
Department: Community Development
Summary: On July 26, 2017, the Planning and Zoning (P&Z) Board interviewed Mr. Omar
Capellan,Dr.Michael Miller and Mr.Antonio Alban to fill a vacancy.Mr.Capellan was selected
as the Board's recommendation to fill the vacancy.
Mr. Capellan is a real estate investor and has served as Chairman on the Business and Economic
Development Board for 5 years. He has a degree in Mechanical Engineering and feels
appointment to the P&Z Board would be a natural progression of his service to the City
(Attachment 1).
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 Mr. Capellan's interview/interest in the City of Cape Canaveral Planning and Zoning
Board, the Board recommends he be appointed by the CityCouncil (Attachment 2).
Submitting Department Director: David Dickey Date: 8-7-17
Attachments:
1 —Board Application
2—P&Z Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/4/17
The City Manager recommends that City Council to take the following action:
Interview Applicant Omar Capellan.
Approved by City Manager: David L. Greene Date: 8/4/17
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 convictof a
felony, unless their civil rights have been restored.
Please complete the following in the space provided: RECEIVED JUN 09 2017 CCO DZ
A. GENERAL
1. Applicant Name: Omar A. Capellan
2. Home Address:
3. Home and Cellular Telephone:
4. Occupation: Business Owner of a Real Estate Brokerage and Business Coach
5. Business Telephone: 321-576-1154
6. Business Address: 8501 Astronaut Blvd STE 5-315 Cape Canaveral FL 32920
7. E-Mail: omar@semcre.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) v (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) v (N)
3a. Are you a Business owner: (Y) v (N)
3b. If yes to 3a, please list the name: Semper Credere LLC
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) 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) Y (N)
5b. If yes to 5a, please list each: Chairman of the Business and Economic Development
Board
Page 1 of 3
6. City ordinance requires that all persons applying for ait
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) Y (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) 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 have been serving the B.E.D. board for 5 years as its chairman. I feel the P&Z
board would be a natural progression of my service to the city of Cape Canaveral.
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. 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. 1 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:
5 years serving as the Chairman of the Business and Economic Development
Board
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.
Graduated as a Mechanical Engineer
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
X 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: Omar A. Capellan Date: 6/8/17
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 recived: June 9th, 2017
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 2
105 Polk Avenue, Cape Canaveral,FL 32920 CITY OF CAPE CANAVERAL
P.O. Box 326
321-868-1222 Community Development
Memo
TO: Cape Canaveral City Council
VIA: David L. Greene, City Manager
FROM: David Dickey, Community Development Director
DATE: 7/31/2017
RE: Recommendation to the City Council—Planning and Zoning Board Applicant
Mr. Omar Capellan
At the July 26, 2017 Planning and Zoning Board meeting,the Board interviewed Mr. Omar Capellan,
Dr. Michael Miller and Mr. Antonio Alban to fill a vacancy. Based on his years of service as the
Chairman of the City Business and Economic Development Board and his background as an owner of
a real estate investment company,the Board recommended the vacancy be filled by Omar Capellan.
Please let me know if you have any questions. Thank you.
Item No. 1
CITY COUNCIL BUDGET WORKSHOP MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
July 18,2017
4:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 3:57 P.M.
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 Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Culture and Leisure Services Director Gustavo Vergara
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriffs Office Commander Linda Moros
Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham
PUBLIC PARTICIPATION:None.
DISCUSSION:
1. Proposed Fiscal Year 2017/2018 Budget and Five (5) Year Capital Improvement Plan:
Mayor Hoog invited Council Members to ask questions or make comments. City Manager Greene
summarized the Proposed Budget including: the proposed slight millage increase, the opportunity
to reduce the millage rate for fiscal year 2017/2018, positive feedback with most Brevard County
Commissioners regarding Community Redevelopment Agencies (CRA) and the City CRA, going
forward with projects located within the CRA, fulfillment of remaining Strategic Planning
Retreat/Visioning items to include City infrastructure projects.
City of Cape Canaveral, Florida
City Council Budget Workshop Meeting
July 18, 2017
Page 2 of 2
Discussion ensued and included employee benefits, family health insurance coverage costs,
salaries, contingency funds,no funds received yet from Federal Emergency Management Agency,
a mixed use project coming to North Atlantic Avenue, Capital Improvement Projects, State
legislature actions negatively affecting municipalities, the City continues to self-finance when
possible, City continues to have the third lowest tax rate in Brevard County, City Hall Project will
come under budget, moving forward with road paving program, Central Boulevard, increased
value of homes, substantially completed property not being taxed as a complete structure because
Certificates of Occupancy cannot yet be issued, possible policy ordinance to be brought forward
by Staff to deal with those issues, facility improvements and added amenities in the City since
2010, Fire Rescue workers compensation line items and the need to revise some language in the
Canaveral Fire Rescue services contract. Council reached consensus there would be no need
for budget workshop meeting in August.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 5:02 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
July 18,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:56 PM. Council Member Brown
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
Assistant City Attorney Kristin Eick
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriffs Office Commander Linda Moros
Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham
PUBLIC PARTICIPATION: John Benton, 301 Imperial Boulevard, shared his concerns
regarding the June 2014 Code Enforcement Board Meeting.
CONSENT AGENDA: Assistant City Attorney Eick announced two minor changes to Consent
Agenda Item#3,Attachment#4,Florida Green Finance Authority's Property Assessed Clean Energy
(PACE) Program Agreement, advising that Staff agreed the changes did not require a motion for
approval. Assistant City Attorney Eick read the items in the Agreement under Paragraph 11, in the
last sentence to replace "utilize" with "apply to" and a change to the Notice Address. Mayor Hoog
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 2 of 6
inquired if any items were to be removed from the Consent Agenda for discussion. No items were
removed.
1. Approve Minutes for June 20, 2017 Regular City Council Meeting.
2. Resolution No. 2017-11, adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date.
3. Separate Resolutions, with associated Membership Agreements, have been prepared to
create three unique Property Assessed Clean Energy programs in the City, to include:
a.Resolution No. 2017-01; creating a Property Assessed Clean Energy Program within the
City of Cape Canaveral and joining the Clean Energy Green Corridor Program in accordance with
Section 163.08, Florida Statutes; authorizing and approving a non-exclusive Membership
Agreement between the City and the Green Corridor Property Assessment Clean Energy (PACE)
District Pursuant to Section 163.01, Florida Statutes; providing for authorization, repeal of prior
inconsistent resolutions, severability and an effective date.
b.Resolution No. 2017-12; approving a Party Membership Agreement and its incorporated
Interlocal Agreement, in order to join the Florida Resiliency and Energy District's Property
Assessed Clean Energy (PACE) Program under Section 163.08, Florida Statutes; providing for
authorization,repeal of prior inconsistent resolutions, severability and an effective date.
c.Resolution No. 2017-13; creating a Property Assessed Clean Energy Program within the
City of Cape Canaveral; approving a Party Membership Agreement and its incorporated Interlocal
Agreement in order to join the Florida Green Finance Authority's Property Assessed Clean Energy
PACE) Program under Section 163.01, Florida Statutes; providing for authorization, repeal of
prior inconsistent resolutions, severability and an effective date.
A motion was made by Council Member Randels, seconded by Council Member Walsh, for
approval of the Consent Agenda,with changes presented. The motion carried 5-0.
PUBLIC HEARING:
4. Based on the February 15, 2017 City of Cape Canaveral Wastewater Revenue Sufficiency
Analysis completed by Raftelis Financial Consultants, the following actions are needed:
a.Resolution No.2017-08;establishing the City's reclaimed water rates in accordance with
Article IV of Chapter 78 of the City Code for City fiscal years 2016/2017 through 2020/2021;
providing for the repeal of prior inconsistent resolutions;incorporation into Appendix B, Schedule
of Fees; severability and an effective date.: Assistant City Attorney Eick read the title into the
record. The Public Hearing was opened. There being no comment the Public Hearing was closed.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 3 of 6
A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin,
for approval of Resolution No. 2017-08. The motion carried 5-0.
b. Resolution No. 2017-09; revising the City's Sanitary Sewer Service Fee Schedule in
accordance with Article III of Chapter 78 of the City Code for City fiscal years 2016/2017 through
2020/2021;repealing the rental property rate category and providing for ratification of sewer rates
for sewer customers affected by said repeal; repeal of prior inconsistent resolutions; incorporation
into Appendix B, Schedule of Fees; severability and an effective date.: Assistant City Attorney
Eick read the title into the record. The Public Hearing was opened. There being no comment, the
Public Hearing was closed. Discussion ensued regarding the low-cost rate for services and
facilities. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member
Brown,to adopt Resolution No. 2017-09. The motion carried 5-0.
5. a. 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, 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, second reading.: Assistant
City Attorney Eick read the title into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. City Manager Greene reviewed the item. Discussion
ensued and included authorizing the issuance of the Note and how one Council Member voted
against the Ordinance at first reading but changed their opinion due to the fact the Note will not
be paid from ad valorem taxes. A motion was made by Council Member Walsh, seconded by
Council Member Brown, to adopt Ordinance No. 07-2017 at second reading, which
authorizes to approve Whitney Bank d/b/a Hancock Bank as lender and preparer of the loan
documents. The motion carried 5-0.
b. Resolution No. 2017-10; supplementing City Ordinance No. 07-2017 enacted on July
18, 2017 by accepting the proposal of Whitney Bank d/b/a Hancock Bank to purchase the City's
not to exceed $6,200,000 Capital Improvement Revenue Note, Series 2017; authorizing the
issuance of the 2017 Note and execution and delivery of a Loan Agreement with said Bank to
secure the repayment of the 2017 Note; authorizing the proper officials of the City to take any
other action deemed necessary or advisable in connection with the finalization and execution of
the Loan Agreement, the 2017 Note and the Security therefor; authorizing the execution and
delivery of other documents in connection with said Loan; designating the 2017 Note as "Bank
Qualified"; providing for repeal or supersession of prior inconsistent City resolutions or actions;
providing for severability and other matters in regard thereto and providing an effective date.:
Assistant City Attorney Eick read the title into the record. Discussion ensued and included the
process involved with the issuance of the Note and acceptance of the Bank. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 4 of 6
Mayor Pro Tem McMillin, seconded by Council Member Brown, to adopt Resolution No.
2017-10 as written. The motion carried 5-0.
6. 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,second reading.:Assistant City Attorney Eick read the title into the record.Discussion ensued
and included how the Ordinance streamlines the process while maintaining transparency. The
Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion
was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, to adopt
Ordinance No. 08-2017 at second hearing. The motion carried 5-0.
7. 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, second reading.: Assistant City Attorney Eick read the title into
the record. Mayor Hoog mentioned the hand-out depicting proposed action. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
Mayor Pro Tem McMillin,seconded by Council Member Walsh,to adopt Ordinance No.09-
2017 at second reading. The motion carried 5-0.
8. Ordinance No. 10-2017; amending the City of Cape Canaveral Comprehensive Plan
Coastal Management Element to bring it into conformance with F.S. Chapter 2015-69, to include
development and redevelopment principles, strategies and engineering solutions that reduce the
flood risk in coastal areas; adopted by the City Council consistent with this Ordinance; providing
for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan, an effective date and legal status of the Plan Amendments, first reading.:
Assistant City Attorney Eick read the title into the record and reviewed the process to implement.
City Manager Greene explained this is the first step in meeting minimum State requirements,
sustainability adaptation planning going forward, implementation of additional measures that will
be beneficial to the community, the significant amount of responsibility this places on the City
regarding the environment, National Flood Insurance Program and substantial discount received
for City's certification level,how the City acknowledges climate change,rising sea level and wants
to be among leaders in this area. Discussion ensued and included how the initiative could take a
whole department to implement, the costs of doing so, this being an unfunded mandate from the
State,involving the East Coast Regional Planning Council to keep costs low and the possibility of
utilizing a City advisory board to assist Staff. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem McMillin,
seconded by Council Member Randels, to approve Ordinance No. 10-2017 as written. The
motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 5 of 6
9. Ordinance No. 11-2017; prohibiting Medical Marijuana Treatment Center Dispensing
Facilities from locating within the City; adopting other conforming amendments to the City Code
to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within
the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability and an effective date, first reading.: Assistant City Attorney Eick read
the title into the record. Discussion ensued and included an initial desire to vote against the
Ordinance, Staffs reasoning to support the measure in order to avoid a possible influx of
unrestricted facilities and the possibility of a more comprehensive ordinance. City Manager Greene
explained how this buys time to revisit pharmacy rules and address potential concerns to allow
medical marijuana as a treatment for those individuals that need it and explained the previous
Council action taken. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor
Pro Tem McMillin,to approve Ordinance No. 11-2017 as written. The motion carried 5-0.
10. Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral Land
Development Code; clarifying that Hotels are a permitted use in the AlA Economic Opportunity
Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.: Assistant City
Attorney Eick read the title into the record. Mayor Hoog explained the item. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. Discussion ensued and
included a previous zoning error and the action to correct it now. A motion was made by Council
Member Randels, seconded by Council Member Walsh, to approve Ordinance No. 12-2017
as written. The motion carried 5-0.
ITEMS FOR ACTION:
11. Authorize removal of one (1) Specimen Tree at 226 Polk Avenue at a mitigation rate of
one-to-one.: Mayor Hoog and Council Members explained the item. Discussion ensued and
included the trees to be removed and kept on the property, the plan to tear the house down and
rebuild, one-to one tree mitigation and square footage of the current house. Daniel Coon,property
owner of 226 Polk Avenue, explained his plan. Discussion ensued and included an offer by Mayor
Pro Tem McMillin to donate funds from his income as a Member of Council to help move the
trees. City Manager Greene stated he and Mayor Pro Tem McMillin discussed the idea along with
the possible matching funds from the City as a test for success going forward, possibly moving
trees to a City park, how City Arborist and an outside tree consultant might assist. A motion was
made by Mayor Pro Tem McMillin, seconded by Council Member Brown, to approve the
item as written. The motion carried 5-0.
REPORTS:
Council Member Randels shared highlights regarding a visit to the U.S. Coast Guard Cutter Eagle,
attendance at an event hosted by Blue Origin, assisting Space Coast Area Transit in acquiring State
capital funds to buy buses and bus shelters and a presentation by the Florida League of Cities
regarding social media.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 18, 2017
Page 6 of 6
Council Member Brown announced he attended the Space Coast League of Cities meeting on July
10th where a resolution was presented urging the United States Congress to pass legislation that
levies an annually increasing revenue-neutral carbon fee and dividend. He indicated the Cities of
Cocoa Beach and Satellite Beach both passed supporting resolutions and took it upon himself to
support the measure as the City's representative on the Board of Directors. Discussion ensued and
included how some people view this as another tax,taxing of fossil fuels,outdated forms of energy,
clean energy fuels and questions that need to be answered regarding paying households back. City
Manager Greene advised Staff could perform research on the issue. Council consensus was
reached to bring the item back to Council after Staff researches the matter.
Mayor Pro Tem McMillin noted Port Canaveral is moving forward with drawing up plans for
Cruise Terminal 3 and the impact locally, announced he will not be running for City Council,
thanked individuals in attendance for running and stated it has been an honor and privilege to serve
the City but wants to spend more time with family and focus on work, he will be back in a couple
of years.
Council Member Walsh announced her Council seat is available because she is terming out and
advised this would be a good opportunity for those running for election. She noted her nine years
on Council, has loved every minute of it and this is a great City and Council to work with. She
offered to help anyone interested in serving on the City Council.
Mayor Hoog thanked both Council Member Walsh and Mayor Pro Tern McMillin for serving the
City and thanked Staff for the Ordinances and Budget.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:22 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog,Mayor
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 8/15/2017
Item No. 2
Subject: Resolution No. 2017-14; appointing and reappointing Members to the Planning and
Zoning Board of the City of Cape Canaveral; providing for the repeal or prior inconsistent
resolutions, severability and an effective date. (Omar Capellan and Harry Pearson)
Department: Legislative
Summary: Omar Capellan was interviewed at the July 26, 2017 Planning and Zoning(P&Z)
Meeting to fill a vacancy, where the Board voted 6-0 to recommend Mr. Capellan be appointed.
Mr. Capellan concurrently serves as the Chairperson of the Business and Economic
Development Board, which serves a non-quasi-judicial function unrelated to the duties of the
P&Z Board.
Following the completion of his first term, Mr. Capellan will be eligible for reappointment to
the P&Z Board for one additional term, consistent with the limitations set forth in section
2-171(f), City Code.
The term for Planning and Zoning Board Member Harry Pearson will expire September 15,
2017; he expressed a desire to continue serving for an additional three year term (Attachment
1). Mr. Pearson has been serving on the Board since December 6, 2005.
Following completion of this term, Mr. Pearson may be eligible for reappointment to the P&Z
Board for an additional term, if no other qualified applicants submit applications seeking
appointment, consistent with the limitations set forth in section 2-171(f), City Code.
It is now incumbent upon City Council to appoint and reappoint members to the Planning and
Zoning Board.
Submitting Department Director: Mia Goforth Date: 8/8/17
Attachments:
(1) Expiration Notice.
(2) Resolution No. 2017-14.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/4/17
The City Manager recommends that City Council talde the following, action:
Adopt Resolution No. 2017-14.
Approved by City Manager: David L. Greene Date: 8/4/17
Attachment 1
Cityof Cape Canaveral
CITY OF
CAPE CANAVERAL
July 12, 2017
Harry Pearson
8703 Camelia Court
Cape Canaveral,FL 32920
Dear Mr. Pearson:
Your term on the Planning and Zoning Board will expire on September 15,2017. Please check the
box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return
this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped,self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for August 15,2017 (your presence at which is not required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
HARRY PEARSON, Board Member
Sincerely,
Mia Goforth
City Clerk
End: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • FAX (321) 868-1248
wwwcityofcapecanaveral.org • email:info@cityofcapecanaveral.org
Attachment 2
RESOLUTION 2017-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AND
REAPPOINTING MEMBERS TO THE PLANNING AND ZONING
BOARD OF THE CITY OF CAPE CANAVERAL;PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 110-3 established a Board known as the Planning and Zoning Board; and
WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint and reappoint Members 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. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the
City Council of the City of Cape Canaveral hereby appoints the following individual to the Board
indicated below:
Omar Capellan shall be appointed to the Planning and Zoning Board, to serve until
September 15, 2020.
Following the completion of his first term, this appointee shall be eligible for reappointment to the
Planning and Zoning Board for one additional term consistent with the limitations set forth in section
2-171(f), City Code.
Section 3. Reappointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code,
the City Council of the City of Cape Canaveral hereby reappoints the following individual to the
Board indicated below:
Harry Pearson shall be reappointed to the Planning and Zoning Board, to serve until
September 15, 2020.
Following completion of his second term, this appointee may be eligible for reappointment to the
Planning and Zoning Board for an additional term if no other qualified applicants submit applications
seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Resolution No.2017-14
Page 1 of 2
Section 5. 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.
Section 6. 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 15th day of August, 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.2017-14
Page 2 of 2
City of Cape Canaveral
Council Agenda Form
City Council Meeting Date: 8/15/2017
Item No. 3
Subject: Approve Atlantic Breeze Mixed-Use Concept Planned Development and associated
Development Agreement and authorize City Manager to execute same.
Department: Community Development
Summary: A request for Concept Approval of a Planned Development (PD) consisting of a
Mixed-Use project located on N. Atlantic Avenue, north of Church Lane. The subject parcel is
1.77 acres in size, zoned C-1 and located within the Economic Opportunity Overlay District
(EOOD).
Sec. 110-592 of the City Code states that a Mixed-use project is defined as a "type of
development which may include one building, set of buildings,or defined project area for more
than one purpose and may include any combination of uses,but not limited to residential,retail
shops, eating establishments including rooftop restaurants, professional offices, industrial, and
civic uses in either a horizontal or vertical setting.” City Code requires a Mixed-use project,
located within the EOOD district,be processed as a PD (Sec. 110-609,Table 1,City Code). The
request represents a rezoning of the subject parcel from C-1 to PD,which allows for regulations
of the underlying zone to be waived in order to create a flexible, creative building and site
design.
Background: The Project consists of a single 5-story structure containing 7,500 square feet of
retail space and 31 apartment units. 26 of the apartment units are proposed on floors 2-5, with
the remaining 5 as "live/work" units that will have living facilities on the 2°d floor with direct
access to the work portion of the unit on the 1St floor.The apartments represent a gross residential
density of 17.5 dwelling units per acre.
Sec. 110-491, City Code, requires a total of 77 parking spaces for the proposed units and
commercial square footage; 79 are provided. Because of the pedestrian nature(live/work)of the
Project and its location on a public mass transit line,required off-street parking can be reduced
by up to 15 percent. A designated pocket park is proposed on the southeast corner of the site
with a bike rack and seating amenities. A 14-foot wide patio will be constructed along the front
of the building to create a pedestrian-scaled environment. An in-ground pool for the residents is
proposed along the southern side of the building.
PD Requirements and Process: As indicated above,the Project is being reviewed through the
PD process,which consists of 2 separate reviews/approvals. The first step is Concept Approval,
which is followed by Final Land Use Plan Approval.
Sec. 110-741,City Code,outlines the requirements of the Concept Plan to include a generalized
sketch drawn to scale,which shows the following information:
(1) Boundary of the subject property, identified by a heavy line.
(2) Major natural features located on the property such as lakes, streams and conservation
areas.
City Council Meeting
Date: 8/15/2017
Item No. 3
Page 2 of 5
(3) Existing or proposed streets abutting the subject property and other major streets and
intersections within 500 feet of access points to the subject property.
(4) Generalized location map and legal description, including acreage.
(5) Proposed land use types and their locations (land use or building bubbles are
acceptable).
(6) Gross densities.
(7) Approximate number of residential units.
(8) Approximate floor area for commercial, office or industrial uses.
(9) Adjacent zoning.
(10)Anticipated internal major road network.
(11)Anticipated maximum building height.
(12)Anticipated phasing schedule.
(13)Proposed method of providing:
A. Water service (including fire protection).
B. Sewage disposal.
C. Stormwater management.
D. Parks/recreation facilities.
E. Schools, if applicable.
Typically, Concept PD Approval is a preliminary, non-binding review by the City's
Development Review Committee to provide an applicant with comments regarding a proposed
project. However, a formal, binding Concept Approval can be requested and received if
accompanied by a written Development Agreement (DA) proposed by City Staff for City
Council's approval, in which case, Staff shall make a recommendation regarding the
Application and Proposed Agreement. To this end, the attached DA has been prepared.
Highlights include:
(1) The Developer agrees to purchase and close on the property within ninety days of the
Effective Date of the DA. The Developer may request a three (3) month extension.
(2) Permitted uses allowed in the commercial portion of the project are to be neighborhood
friendly and shall be limited to retail shops, personal services,professional offices and
restaurants.
(3) The number of residential units shall be limited to 31 (including the 5 live/work units).
(4) Maximum building height shall be limited to 65 feet.
(5) A minimum of two (2) electric automobile recharge stations will be installed in the
parking area.
(6) Bicycle parking will be provided in a secure, convenient location at a ratio of 1 space
per business and 1 space per 5 residential units.
(7) Due to the pedestrian nature(live/work)of the project as well as its location of a public,
mass-transit system, required off-street parking may be reduced by up to 15 percent.
(8) Outdoor dining and entertainment will be allowed on the private sidewalk (patio)
directly abutting the building.
(9) Parking lot lights shall utilize either solar or LED technology.
Community Appearance Board (CAB): At its July 19, 2017 meeting, the CAB approved a
Level 1 application for the Project. This review is focused on the consistency of the proposed
City Council Meeting
Date: 8/15/2017
Item No. 3
Page 3 of 5
architectural and site design components of the Project with established Code criteria to ensure
continuity and consistency with surrounding development.
In addition,the CAB approved a height of 65 feet for the structure(City Code Sec. 110-624(b)).
The standard building height for structures in the C-1 district is four stories or 45 feet.
However, if height mitigation techniques (building stepbacks) are incorporated into the
design, heights up to 65 feet can be approved. A stepback is a technique to setback upper
floors. There is a 14-foot stepback between the 3"d and 4th floors.
Planning and Zoning (P&Z) Board: Code specifies the P&Z Board will make a
recommendation to City Council for Final PD Approval,but does not specify the P&Z Board's
role with respect to Concept Approval. Out of an abundance of caution and to provide an
increased level of transparency, Staff presented the Concept Plan to the P&Z Board on August
2, 2017.
Due to the binding nature of the subject request,additional criteria(indicated below in bold print and
located in Sec. 110-742) were applied as part of the P&Z Board's consideration. The additional
criteria are typically considered as part of the Final Land Use Plan.The criteria includes:
(1) Degree of departure of proposed planned development from surrounding
areas in terms of character, density, and intensity of use. The proposed
Project is to be built at a density of 17.5 units per acre. The Atlantic Gardens
project to the north is built at a density of 20 units per acre. Retail commercial
lies to the west with vacant property to the south. A townhouse project to the
east, across N. Atlantic Avenue,is built at approximately 5 units per acre. The
proposed Project does consist of a 5-story structure. As required by the
EOOD, height mitigation techniques have been applied to the design of the
building. The surrounding development consists of single and two story
structures.
(2) Compatibility within the planned development and relationship with
surrounding neighborhoods and other uses.The surrounding neighborhood
consists of a mix of commercial and residential uses. The property lies within
a large C-1 corridor along N. Atlantic Avenue.
(3) Prevention of erosion and degrading of surrounding areas.
(4) Provision for future public education (if required), recreation facilities,
transportation, water supply, sewage disposal, surface drainage, flood
control and soil conservation,as shown in the land use plan.The proposed
Concept Plan does provide appropriate measures for surface drainage and
flood control. In addition, the Applicant will be required to secure applicable
regulatory permits for these items prior to construction. Current capacity of
the public water and sewer service systems can accommodate the anticipated
demand of the Project at build-out. The City's recreation level-of-service will
not be adversely impacted from the anticipated number of residents of the
project (31 units). The level-of-service of N. Atlantic Avenue will not be
adversely impacted by the trips associated with 31 multi-family units and
7,500 square feet of neighborhood retail. Staff is not aware of any capacity
issue with schools serving the City.
City Council Meeting
Date: 8/15/2017
Item No. 3
Page 4 of 5
(5) The nature, intent and compatibility of common open space, including the
proposed method for the maintenance and conservation of the common open
space.
(6) The feasibility and compatibility of the specified phases contained in the land
use plan to exist as an independent development.
(7) The availability and adequacy of water and sewer service to support the
proposed planned development.
(8) The availability and adequacy of primary streets and thoroughfares to support
traffic to be generated within the proposed planned development.
(9) The benefits within the proposed development and to the general public
to justify the requested departure from the standard land use
requirements inherent in a planned development zoning district. There
are a number of unique and forward-thinking components of the proposed
project, to include:
a. Electric Vehicle charging stations
b. 5 live/work units that will reduce vehicle trips on the City road network
c. Requirement for solar/LED technology in parking lot lights
d. Requirement for safe, convenient bicycle parking for patrons and
residents
e. Public access to a pocket park along N. Atlantic Avenue
(10)The conformity and compatibility of the planned development with any
adopted development plan of the City. The Project is within the EOOD
which was established to: "promote hospitality related commercial
development that capitalizes on the economic benefits of Port Canaveral;
provide guidance and direction in the design of new buildings and
rehabilitation of existing buildings and storefronts in order to improve their
appearance, enhance the corridor's identity and promote the pedestrian
environment of the District. " As proposed, the Project is consistent with and
furthers the stated purpose of the EOOD.
(11)The conformity and compatibility of the proposed common open space and
land uses within the proposed planned development.
At its August 2, 2017 meeting, the P&Z Board made a positive recommendation to Council
regarding the requested Concept PD Plan and Development Agreement.
Subsequent Approvals: In addition to the subject Concept Approval,there are additional City
approvals needed to construct the proposed development: a Final Land Use Plan (the 2°a step
in the PD process)will be considered by the P&Z Board and Council; site plan approval which
will require a public hearing before the P&Z Board; a Tree Removal Permit which will require
a public hearing before the City Council and an administrative concurrency review and Site
Development Permit.
Submitting Department Director: David Dickey Date: 8-8-17
Attachment:
Atlantic Breeze Mixed-Use DA with Exhibits A (legal description) and B (Concept Plan).
City Council Meeting
Date: 8/15/2017
Item No. 3
Page 5 of 5
Financial Impact: Staff time of Agenda Item preparation and once the property has been
purchased by the Applicant, cost of recordation of the DA in the Public Records of Brevard
County.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/8/17
The City Manager recommends that City Council to e the following actions:
Approve the Atlantic Breeze Mixed-Use Concept Planned Development and associated
Development Agreement and authorize City Manager to execute same.
Approved by City Manager: David L. Greene Date: 8/8/17
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Cape Canaveral
Garganese, Weiss, & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
[DRAFT 8/7/2017]
CITY OF CAPE CANAVERAL
PLANNED DEVELOPMENT AGREEMENT—ATLANTIC BREEZE
THIS Planned Development Agreement ("Agreement") is made and entered into this
day of ,2017,by and between Atlantic Breeze of Cape Canaveral,LLC("Developer"),
a Florida limited liability company,and the City of Cape Canaveral("City"), a Florida municipal
corporation.
RECITALS:
WHEREAS, this Agreement is related to certain real property, consisting of two parcels
totaling 1.772 acres with tax parcel identification numbers 24-37-14-00-520 and 24-37-14-00-548,
and more particularly legally described on EXHIBIT "A", which is fully incorporated herein by
this reference ("Property"); and
WHEREAS, the Property is currently zoned C-1 Low Density Commercial with a
Commercial Future Land Use Designation; and
WHEREAS, the Developer desires to purchase the Property in order to permit the
construction of a Mixed-Use Planned Development ("PD") consisting of approximately 7,500
square feet of retail space and 10 covered parking spaces on the first floor; four residential units
and five live/work units tied to the retail space on the second floor; ten residential units on the third
floor; and six residential units on the fourth and fifth floors; and
WHEREAS, in furtherance of this desire, the Developer has filed with the City Rezoning
and Community Appearance Review Applications for the Mixed-Use PD generally described
above; and
WHEREAS, the City's PD requirements are governed by Chapter 110 Zoning, Article XI
Planned Developments; and
WHEREAS, planned mixed-use development uses are considered permitted uses in a
planned development zoning district pursuant to an approved land use plan and pursuant to Sec.
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 1 of 13
[DRAFT 8/7/2017]
110-722(3), provided that complementary and compatible residential uses will produce a
reasonable living environment; and
WHEREAS, pursuant to Sec. 110-741, the Developer has submitted a Concept Plan; and
WHEREAS, further pursuant to Sec. 110-741(c), comments and statements made by City
officials as part of the concept plan review are non-binding unless memorialized in a written
agreement approved by the City Council, and City Staff shall not make a formal recommendation
regarding the proposed project at the time of concept plan review, unless the application is
accompanied by a written development agreement; and
WHEREAS, the Developer seeks to enter into this Agreement to obtain, regarding the
Concept Plan, a formal recommendation of approval from City Staff and formal,binding approval
by the City Council; and
WHEREAS, the Planning and Zoning Board held a special public meeting on August 2,
2017, recommending approval of the Concept Plan; and
WHEREAS, City Staff similarly have formally recommended approval of the Concept
Plan; and
WHEREAS,the City Council hereby finds that this Agreement is consistent with the City's
Comprehensive Plan and City Code, and that the terms, conditions, restrictions and requirements
set forth in the Concept Plan and herein in this Agreement are adopted as a condition of future
development of the Property,which may be further refined consistent with this Agreement through
approval of a separate Land Use Plan pursuant to Sec. 110-742; and
NOW, THEREFORE, in consideration of the terms and conditions set forth in this
Agreement, the City and the Developer agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct
and are fully incorporated herein by reference as a material part of this Agreement.
2. AUTHORITY. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. ACQUISITION OF PROPERTY. As a condition precedent to obtain and exercise
the land use development rights and benefits set forth in this Agreement, the Developer agrees to
purchase and close on the Property within ninety(90)days of the Effective Date of this Agreement.
The Developer may request a three (3) month extension of this closing time period upon written
request to the City Council. The extension will not be unreasonably withheld for good cause
shown by the Developer. The Developer shall keep the City informed of the date, time and place
of the closing. Upon closing and acquisition of the Property, the Developer shall provide written
notice of said closing and acquisition to the City no later than three(3)business days of the closing.
If the Developer fails to complete the closing and purchase within said time period (as may be
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 2 of 13
[DRAFT 8/7/2017]
extended by the City), this Agreement shall automatically terminate and be deemed null and void,
and the parties will then have no further responsibilities or obligations under this Agreement.
4. DEVELOPMENT STANDARDS. The following development standards shall
apply to the Property and shall be deemed incorporated into the planned development zoning
designation approved for the Property for purposes of controlling the future development of the
Property:
(a) Intent and Purpose: The intent and purpose of this Agreement is to require
the Property to be developed in accordance with development standards which are unique to the
Property, as specifically set forth herein and the Concept Plan. The Property shall be developed
with a mix of multi-family residential land uses and limited commercial uses which are compatible
to residential uses. In addition, the land uses allowed on the Property shall be integrated and
developed as a whole to provide continuity and to create a compact and walkable mixed use
environment that is compatible with the surrounding area. Further,the Property shall be developed
to provide a compatible transition to and connectivity with adjacent existing and future land uses,
particularly any residential zoning districts adjacent and surrounding the Property.
(b) Concept Plan: The Property shall be developed as a mixed use project in
furtherance of this Agreement and in substantial conformance, as provided in Paragraph 5 below,
with the Concept Plan depicted on EXHIBIT "B" attached hereto and incorporated herein by this
reference ("Plan"). The Plan is intended to be the general blueprint which details key aspects of
the future physical development of the Property. The Plan shall also serve as a necessary guide for
future permit applications and permitting. Specifically and in accordance with Sec. 110-741(b) of
the Code, the development of the Property shall also be subject to the following conditions:
i. Permitted Land Use Types. The Planned Development shall consist of a
mixed-use development with neighborhood friendly retail or other commercial uses as further
described below on the first floor; live/work units and residential apartment units on the second
floor; and residential apartment units on the third through fifth floors. Subject to applicable City
Code requirements and restrictions, the uses permitted in the retail/commercial first floor space
shall be limited to the following:
- Retail shops including related sales and display rooms
- Personal service and wellness establishments such as hair and nail salons,
health spas, licensed massage therapist, aromatherapy, and skin and body therapy
-Professional offices, studios, medical or dental clinics (not including pain
management clinics), small personal service laboratories such as Labcorp, general
offices,business and professional schools and similar uses conducive to supporting
the customary and traditional needs of a residential neighborhood
- Restaurants
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 3 of 13
[DRAFT 8/7/2017]
ii. Number of residential units.The gross residential density of the project shall
be 17.5 units per acre. Given a 1.772-acre site, a total of 31 residential units shall be permitted.
Four residential units and five live/work units tied to the retail space via stairwell shall be allowed
on the second floor. Ten residential units shall be allowed on the third floor, and six residential
units shall be allowed on the fourth and fifth floors.
iii. Floor area for commercial, office or industrial uses. The commercial space
shall be approximately 7,500 square feet in size, located on the first floor.
iv. Maximum building height. The building height shall be limited to 65 feet
high (five stories) from finished grade in front of the building, provided that the fourth and fifth
floors shall be stepped back fourteen feet from the front elevation of the first three floors as
depicted on the Concept Plan.
v. Phasing Schedule. The Project shall be completed in a single phase.
vi. Proposed method of providing public facilities. Water service shall be
provided by the City of Cocoa. Sanitary sewer service shall be provided by the City. Water and
sewer facilities shall comply with all applicable technical specifications of the utility provider.
vii. Spill lights. All light poles and building-mounted lighting installed on the
Property shall be down-mounted to mitigate light spill-over to adjacent properties. Lights used in
the parking lot shall utilize either solar or LED technology.
viii. Automobile Parking. Although the Concept Plan currently provides that 79
parking spaces will be constructed, required automobile parking spaces may be reduced by up to
15 percent from the requirements otherwise established in Sec. 110-491 of the City Code, in
recognition of the project's location on a public bus line and the pedestrian-friendly nature of the
development. Up to twenty (20)percent of the required off-street automobile parking spaces may
be constructed with minimum dimensions of 9 feet wide by 18 feet long. A minimum of two (2)
electric automobile recharge stations will be installed in the parking area.
ix. Bicycle Parking. Bicycle parking will be provided in a secure, convenient
location for residents and customers, at a ratio of not less than 1 space per business and 1 space
per 5 residential units. The parking area shall include bicycle racks in a style deemed reasonably
acceptable to the City so bicyclist will have a secure place to lock their bikes.
x. Pocket Park. The pocket park, and its associated improvements designated
on the Concept Plan in the southeast portion of the property, shall be available for use by the
general public.
xi. Outdoor Dining and Entertainment. Outdoor dining and minor music or
family oriented entertainment will be allowed on the patio area between the building and the
parking area on the east side of the building.
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 4 of 13
[DRAFT 8/7/2017]
a. Minor music or family oriented entertainment is allowed provided it does not
cause a nuisance and provided the entertainment is presented by groups of three (3) or fewer
performers without electronic amplification, loud and unreasonable noise, any light that creates a
safety hazard or other noxious effects. The hours of minor music or family oriented entertainment
shall be limited between the hours of 10:00 AM to 9:00 PM.
b. Outdoor dining areas. Outdoor dining areas shall be permitted on the private
sidewalk area adjacent to and directly abutting a restaurant located in the building. However, the
outdoor dining area shall not reduce the walkable sidewalk width to less than five (5)feet. Tables,
chairs, umbrellas and similar items shall be stored in the interior of the restaurant or in a similar
enclosed area because of inclement weather.
c. In order to preserve the pedestrian orientation of the storefront or pedestrian
retail area, all servicing, loading and solid waste collection shall take place off-street away from
pedestrian walkways, generally in screened, internal rear spaces.
xii. Planter/flower boxes. Planter/flower boxes shall be utilized throughout the
patio area between the building and the parking area.Vegetation shall be maintained in accordance
with Sec. 34-99,paragraphs (1) and (2) of the City Code.
5. FUTURE PERMITTING. The Developer shall have the obligation to further
submit and obtain the City's approval of a Land Use Plan as provided in Sec. 110-742 of the Code
and final site plan and final engineering plans ("Final Engineering Plans"). Such Land Use Plan
shall be consistent with the Concept Plan in all material respects and in compliance with City Code.
The Concept Plan shall be subject to reasonable adjustments at the Final Engineering Plan phase
in order to bring the Project into full compliance with City Code,and as a result,the exact location,
layout and dimensions of the buildings, landscaping, rights-of-way, recreational amenities and
stormwater areas may vary slightly between Concept Plan approval and approval of the Final
Engineering Plans. These changes shall be allowed as long as the changes are consistent with
development standards noted in this Agreement and preserve the general character of the
development shown on the Concept Plan.
6. JOINDER OF MORTGAGE HOLDERS. To the extent applicable,the Developer
shall be required to obtain a written joinder from all mortgage holders that have a recorded
mortgage on the Property prior to the date that this Agreement is recorded. The joinder shall be
in recordable form and shall evidence the mortgage holder's consent that the terms and conditions
of this Agreement shall survive any foreclosure of their respective mortgage recorded against the
Property. A copy of the recorded joinder shall be promptly delivered to the City upon recordation.
7. NOTICES. Any notice required or allowed to be delivered hereunder shall be in
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b)upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier service, e.g. Federal Express, UPS, Airborne, Express
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 5 of 13
[DRAFT 8/7/2017]
Mail etc., addressed to a party at the other address as specified below or from time to time by
written notice to the other party delivered in accordance herewith.
DEVELOPER: [INSERT]
CITY: David L. Greene
City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Phone (321) 868-1220
Fax (321) 868-1248
With a copy to: Anthony A. Garganese, Esq.
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425-9566
Fax: (407)425-9596
E-mail: agarganese@orlandolaw.net
8. DEFAULTS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
an action for specific performance and/or injunctive relief. Prior to any party filing any action
as a result of a default under this Agreement, the non-defaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the defaulting
party shall be provided a thirty(30)day opportunity in which to cure the default to the reasonable
satisfaction of the non-defaulting party prior to filing said action.
9. SUCCESSORS AND ASSIGNS. This Agreement shall automatically be binding
upon and shall inure to the benefit of the successors and assigns of each of the parties. All
subsequent purchasers of all or part of the Property shall be considered assignees subject to the
requirements of this Agreement.
10. APPLICABLE LAW; VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. The venue for any legal action
instituted to enforce or interpret any provision of this Agreement shall be in Brevard County,
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 6 of 13
[DRAFT 8/7/2017]
Florida for state action and Orlando, Florida for any federal action.
11. POLICE POWER. The City hereby reserves all police powers granted to the
City by law. In no way shall this Agreement be construed as the City bargaining away or
surrendering its police powers. The Property shall be subject to all applicable City ordinances
and other applicable laws.
12. AMENDMENTS. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto. Amendments shall be recorded in the
same manner as Section 17 of this Agreement.
13. ENTIRE AGREEMENT. This Agreement supersedes any other agreement, oral
or written, regarding the future development of the Property and contains the entire agreement
between the City and Developer as to the subject matter hereof.
14. SEVERABILITY. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in
any respect the validity or enforceability of the remainder of this Agreement.
15. EFFECTIVE DATE. This Agreement shall become effective upon approval by
the City Council of Cape Canaveral and execution of this Agreement by both parties.
16. TERMINATION. In addition to the termination provided in Paragraph 3 above,
this Agreement shall terminate should the City Council fail or decline to adopt a Land Use Plan
filed by the Developer within two (2) years of the Effective Date, or its adoption is timely
appealed, and a final order has been issued quashing the adoption by a court of competent
jurisdiction. Should either of these occur,this Agreement shall be deemed null and void. Further,
the City shall have the unconditional right, but not obligation, to terminate this Agreement,
without notice or penalty, if the Developer fails to file a site/construction plan application and
substantially commence construction of the Project within five (5)years from the date of the City
Council's approval of any Land Use Plan for planned development zoning. In addition, the City
shall have the right, but not obligation, to terminate the Agreement, if the Developer permanently
abandons construction of the Project,provided,however, the City shall first deliver written notice
and an opportunity to cure to the defaulting party as set forth in Paragraph 8 above. If the City
terminates this Agreement or the Agreement is deemed null and void as provided hereunder, and
the Agreement has been recorded in accordance with paragraph 17 herein, the City shall record a
notice of termination against the Property in the public records of Brevard County, Florida.
17. RECORDATION. Upon the City's receipt of written notice from the Developer
that closing on the Property has occurred pursuant to Paragraph 3 herein, the City shall record
this Agreement in the Official Records of Brevard County, Florida. Upon recordation, this
Agreement shall run with the land and be binding on successors of title to the Property.
18. RELATIONSHIP OF THE PARTIES. The relationship of the Parties to this
Agreement is that the City is a regulatory agency under the laws of Florida for purposes of zoning
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 7 of 13
[DRAFT 8/7/2017]
real property within its jurisdiction and issuing development orders in furtherance thereof.
Developer intends to develop the Property which is subject to the City's jurisdiction and has
agreed to the terms, conditions, restrictions and requirements under this Agreement and is an
independent property developer and not an agent of the City. In addition, any work performed by
the Developer regarding the design,permitting and construction of public improvements that will
be conveyed to the City are being performed as an independent contractor and not an agent of the
City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other.
19. SOVEREIGN IMMUNITY. The City intends to avail itself of any and all
applicable protections of sovereign and other immunities or limitations on the City's potential
liability provided under state and federal law in any claim or legal action made against the City
and its employees and officials related to or arising out of this Agreement. Nothing contained in
this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under
Section 768.28, Florida Statutes, or any other limitation on the CITY's potential liability under
state and federal law.
20. INTERPRETATION. The parties hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation of this Agreement in the event of a dispute between the
parties.
21. PERMITS. Nothing herein shall limit the City's authority to grant or deny any
development permit applications or requests subsequent to the effective date of this Agreement.
The failure of this Agreement to address any particular City, county, state and federal permit,
condition, term or restriction shall not relieve the Developer or the City of the necessity of
complying with the law governing said permitting requirements, conditions, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building or unit
owned by Developer if Developer is in breach of any term or condition of this Agreement.
22. THIRD PARTY RIGHTS. This Agreement is not a third party beneficiary
contract and shall not in any way whatsoever create any rights on behalf of any third party.
23. WAIVER. The waiver by any party of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any other provision of the Agreement
or of any future breach of the provision so waived.
24. INDEMNIFICATION. Developer hereby agrees to indemnify, release and hold
harmless the City and its Council Members, employees and attorneys from and against all claims,
losses, damages, personal injuries (including, but not limited to, death) or liability (including
reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly
arising from, out of, or caused by Developer and Developer's contractor's and subcontractor's
performance of construction and other Project activities in furtherance of this Agreement and any
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 8 of 13
[DRAFT 8/7/2017]
and all permits issued hereunder. This indemnification shall survive the termination of this
Agreement.
25. FORCE MAJEURE. The Parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party,including,but
not limited to, acts of God, acts of government authority (other than the City's own acts), acts of
public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event.
26. ATTORNEY'S FEES. Each party shall bear their own attorney's fees and costs
related to this Agreement.
27. UNITY OF TITLE. The Developer agrees that it shall enter into a separate Unity
of Title Agreement with the City,in a form approved by the City Attorney,which shall be recorded
following approval of a Land Use Plan, in the event that such a Plan is approved by the City
Council.
IN WITNESS WHEREOF, the Developer and the City have executed this
Agreement in form sufficient to bind them as of the Effective Date.
[Signature Page Follows]
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 9 of 13
[DRAFT 8/7/2017]
Signed, sealed and delivered in
the presence of: Two witnesses
required by Florida Law
WITNESSES: ATLANTIC BREEZE OF CAPE
CANAVERAL,LLC.
Its:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017 by , as of Atlantic
Breeze of Cape Canaveral, LLC, who is personally known to me or who has produced
as identification.
Notary Public
PRINT/TYPE NAME:
Notary Public in and for the County and State last aforesaid.
My Commission Expires:
Serial No., if any:
WITNESSES: CITY OF CAPE CANAVERAL,FL
Print Name: David L. Greene, City Manager
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 10 of 13
[DRAFT 8/7/2017]
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2017 by David L. Greene, as City Manager of Cape Canaveral, Florida, who is personally
known to me or who has produced as identification.
Notary Public
PRINT/TYPE NAME:
Notary Public in and for the County and State last aforesaid.
My Commission Expires:
Serial No., if any:
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 11 of 13
[DRAFT 8/7/2017]
EXHIBIT A
Legal Description
COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE COMMITMENT No.
6136252, DATED DECEMBER 12, 2016:
The South 70 yards (South 210) feet of the Southwest quarter of the Southwest quarter of Section
14, Township 24, Range 37, except that part lying East of Canaveral County Road, as described
in Deed Book 341, Page 7, and Deed Book 341, Page 9 of the Public Records of Brevard
County, Florida; and except that portion of the Southwesterly corner of the above described
property,heretofore granted to the State of Florida for Use and benefit of the State Road
Department of Florida.
Less and except lands described in Official Records Book 4328, Page 3848, Warranty Deed
recorded in Official Records Book 4328, Page 3851, Special Warranty Deed recorded in Official
Records Book 7621, Page 1480 and Special Warranty Deed recorded in Official Records Book
7621, Page 1484.
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 12 of 13
[DRAFT 8/7/2017]
EXHIBIT B
Concept Plan
Planned Development Agreement
Atlantic Breeze of Cape Canaveral,LLC.&City of Cape Canaveral
Page 13 of 13
[construction plans] EXHIBIT B
DUMPSTER ENCLOSURE EX. FIRE HYDRANT
ZONING R2 MULTIFAMILY RESIDENTIAL UPVyIRES/H 6' HIGH MASONRY ZONING R2 MULTIFAMILY RESIDENTIAL YC' ':d.": GENERAL STATEMENT
(TYPICAL) 3 SIDES, WITH METAL ATLANTIC GARDENS CONDOMINIUMS • THE EXISTING SITE IS A VACANT 1.77 ACRE TRACT OF
• AND PVC'.GATE• Al 89°40'22" E M 374.58' I "
S LINE OF ATLANTIC GARDENS CONDOMINIUMS' ASPHALT PARKING AREA TAX PARCEL. NO. 24-37-14-00-.530. 1—::XA
' 4x4 CMF LAND ON THE WEST SIDE OF ATLANTIC AVE. IT IS
NO ID PROPOSED TO BE DEVELOPED AS A 5 STORY MIXED USE
AS MONUMENTED 6' GL 1 1' ON I DEVELOPMENT. THE FIRST FLOOR IS 7,500 SF OF RETAIL
CURB 2.0' OFF 6' CLF 1.'1 OFF • _ CURB 1.3 TOFF. ,
. 5.06' F LINE _ SPACE AND 10 COVERED PARKING SPACES. THE 2ND
l COAUS` 1'1411 w unittuF=m4.iii^Ai 1,2ie7 _ urgi'- ih:. _ _ ivL„Ar7g_iw4:t sc' in1, #I"' ;t'.7 t*r'» ' .. A.-. .fi oi,..wLA;7im !■',-:ni.
• tiwsi.CUM___• Mrewra-*--ceProm
. . _ ,• 'A v` _ V R>j 'qty' mal
. . " - 71111 FLOOR WILL BE 4 RESIDENTIAL UNITS ALONG WITH 5
1 - 14" ` ` LIVE/WORK UNITS TIED TOTHE RETAIL SPACE ON THE
5/8" IRC 1 J •' L . - hL.m l •L& •,hw• n.- ,' w• 20 6 _ " . 1J /IJ I :11 77?;
- ir.- t. _ .,,- .,_--- -_'— kt__ _ - "- t lk I - 18 __ - , —uy` i J•.l ...1...4 FIRST FLOOR. THE 3RD FLOOR WILL HAVE 10 UNITS, AND
•
,rte.,_ ill•ul i s31 I•C.1J1S°L1i•lDJ,7s'a1 i vJ,7s'a J;Ist • •i( 11 •ti1• • 1 iT_sy1 • >'ll •li • • • • • • • • • • • 1f< .y .,
;••
LB 266 id rrisai•WA Iii 65 -rIre J wc :::..•, .. , ± s •
y THE 4TH AND 5TH FLOORS WILL HAVE 6 EACH. THE
\ s ^::'' ' •'' '`' '-.`i I 24" CPP I TOTAL PROPOSED BUILDING HEIGHT IS 65.0', SEE THE
A' .:•.,;i..:';,•,..:;,..',,,!..':.: ♦♦ RE
TYPE E INLET 30.14' 30.60' 9'0 1Q , TYPE E INLET ' WLLHI EC2UDRIVEW RAL BUILDING
ON ELEVATION RENDTHERE WILLERING. BE11.0 fa
LANDSCAP BERM ` '' °:r: ♦ 24.00' I 24.00' 1 PROP. 6" WATER A FENCED SWIMMING POOL.
0 ♦ I 25' BUILDING SETBACK 24.00' y
fill
WATER WILL BE FROM THE CITY OF COCOA. SEWER FROM
# ," % ♦♦ 10.50' IFDCIWATER METER CAPE CANAVERAL. PARKING AND ONSITE STORMWATER
AND BFP130 MANAGEMENT ARE PROVIDED. ALL FLOORS OF THE
1I 6• 10' •
' I COVERED I I 1l BUILDING WILL HAVE FIRE PROTECTION BY AUTOMATIC
cno I., I ♦ it ' PARKING o 80 I ` ID SPRINKLER SYSTEM
o •
A 47
_ o ` I 10' ♦ 50.00' GJP• - I I ittiL_ _ 4H p SITE DATA
Iv / 18' O COVERED , ,y---- I s►1! pI
FIRE LINE 1
- • 10' I PARKING o _ r
co
m 25 a' J SITE AREA: 1.772 ACRES (77,201 SF)
CC
p 2 ♦ RETAIL i 4' I FIRE LINE 10' ' CJ
I 12" cQ 10' SITE ZONING: C-1 LOW DENSITY COMMERCIAL
_.-1`) 10' ♦ STAIRWELL I POTABLE WA R Q Z SITE FUTURE LAND USE: COMMERCIAL
79.69' r\° ♦ 10' PATIO I _ _ O
U I 20' 20' STAIRWELL ^I 10' , rl m TAX ACCOUNT NUMBER: 2429206 AND 2444228
• 150 10' a CO
co " 10' ♦ COVERED 8 - ? ° ° GROSS DENSITY: 31 UNITS / 1.77 ACRES = 17.5 UN/AC
♦ 10' PARKING 20' RETAIL ; ; U;
1/ SUBJECT TO ECONOMIC OPPORTUNTIY OVERLAY DISTRICT
• 18' 10' AND P.D. REGULATIONS
1 11" 10' O COVERED 50' 10'
1— ♦ 10' PARKING 20 I 1 II
1 TYPE E INLET RETAIL *,__I
J I.
:• •, r \
11,4
1 COVERED I 10' I Q•.•' Inil
V
ORB 4328, PAGE 3848 &NOT LORBD4328, PAGE 3851 O 10 16 4 t 11 10' 11 126.00' PARKING oALL FLOORS TO HAVE 24.00' / I 10' A •
TAX PARCEL Na 24-37-14-00-549 O 41,4n
D RETAINING WALL WITH O 20' 20' AUTOMATIC SPRINKLER I 8O ' ". MINIMUM LOT AREA: 5,000 SF
1._,-2, I! ilr,
HIGH FENCE ON TOP I t MINIMUM LOT WIDTH: 50'
I 10' I I •® ' ,:°:: W MINIMUM LOT DEPTH: 100'
N3 C) { I 10' 10 ( 10' ;. MAXIMUM LOT COVERAGE: 50%
l Dm 24.00' ,Iiii I J
ELEVATORS
gi. m 10' I / Il t AND 20' RETAIL 10 11 - °:.. C BUILDING SETBACKS
D 10' 'C I FRONT: 25 FT
ZONING COMMERCIAL C-1 40"• 7 0 8.0 EQUIPMENT I SIDE INTERIOR: 0 FT NEXT TO COMMERCIAL
' AREA FFE 2.5' BELOW CROWN I
*kc:).‘c .
► 25 FT NEXT TO RESIDENTIAL
FLU: COMMERCIAL C-1 2 10' o ! 10' . :.'-- 0 o OF ROAD I 4 t SIDE CORNER: 25 FT
.... 10' y • . REAR: 10FTNEXTTO COMMERCIALN 1 ;, o rx
_i : C 25FEETNEXTTORESIDENTIAL 00 r ' MA10' COVERED 20' RETAIL I 10' r . 9• I
00 ! 10' PARKING o \ 8: . LAND USE COVERAGE
-
0I d' I I s''° LAND USE COVERAGE AREA AREA PERCENT
10' 20' 50' PQ -I 110' [ ^ I sf ac (%)
10' I COVERED o I I l• BUILDING 12,000 0.275 15.5%
o 0 PARKING I II
PAYMENT 35,000 0.803 45.3%
I ui 14m1 I COMMON AREA POOLS/SIDEWALKS/PATIOS 5,000 0.115 6.5%
i 10' I
PARKING NG 20' RETAIL \ 112' oil) I 24.00' r(_ O LANDSCAPE AND PERVIOUS AREA 25,201 0.579 32.6%
5/8" IR( ► _ — 10' / I I TOTAL 77,201 1.772 100.0%
LB 266 \a 0 1 -r `' I STAIRWELL [1151/i/A; iDRY RETNTION 10' I iI i iLl
AREA
18'
8 1 :o' / STAIRWELL \\"j12'
'1 1 10' I COVERED - RETAIL I J s. 10" 1
71
PARKING I so V
lt i \ O 25' -1 «, „ eENCN
NOT INCLUDED 10' 18'0 COVERED ,ea 1 20' 10 9 r 10 e 1
1.
ORB 7621, PAGE 1480 & ORB 7621, PAGE 1 ,84 — 24.00' PARKING o 26"
4111k-'''
_. . .. . . 1
NEWLY 22 I X> 2 P G CALCULATIONS
i „\ 8 _ I 1 10 5.0' " rlCONSTRUCTED 1p .0 O 1. i - ,.r,1 I ® ® illkM I NSD USE
DRY RETENTION 5' WIDE CONC. 1111 i — r r ;, 5 FFACE - I
POND OVERFLAW WEIR p! - = I 1
12„ - 20 //.,r; i „f I [4f*• 10' 4 \\\ BU LDII IG UNITS
0 SF
12 ' 3' 0 ;' 4 14” RESIDRETAENTIALL 1 2E SPACES PER O PER UNIT
LAND APE BERM 18' 1s' b 20 b ;. POOL i , ! ,y.-_S .,,ti- I PICNIC
of 24"
+ ( ( • ` ''' I I / ` lirTABLE6 UNITS 5TH FLOOR
" _ '_ lla' a ' , \0 0 P ! I ® 10' f `
=.Do e `s ,,'_'4 ...fig 10' 1i' 4 10' 10' ,,, %' , 12' 12' ,1. =" I I `9 PARK \ RETAIL: 50' X 150' = 7,500 SF 6 UNITS 4TH FLOOR
s.00 • w _ -Mgr
---- ____________-__-__-_ ___ il BIKE 7,500 SF 300 = 25 SPACES 10 UNITS 3RD FLOOR
1 t J °. T G.: T <s< e,14, o . ,),,►;.1 J1-1 J)1y eu . o _ _ l 26 RESIDENTIAL UNITS X 2 SPACES = 52 UNITS 4 UNITS 2ND FLOOR
' . .d < ., 1 RE UI ED IRS +i ..
k., e ,TAM ayL .,y TOTAL REQUIRED PARKING. 77 SPACES 00 SF RETAIL 1ST FLOOR + 8 GARAGES
AA.,.
CONC 1.6' OFF';',-•• 4 C F BUILDING SETBACK 5.03'
CON 1 7• O F . 5 36'
GUY 0' I 7 5
CONCRETE. 'BARKING AREA'. av .. • r ANCHOR ', 26 UNITS TOTAL
U.P. & 0/H S 89 1 11 W (M) 355.89 CONNECT NEW SEWER • OPEN PARKING PROVIDED: 69 SPACES
WIRES SERVICE TO EX. CITY MHklip C •1I1.0 12.0 < COVERED PARKING PROVIDED: 10 SPACES
• . • ^ EX. CITY SEWER MANHOLE
6.010.0 I 2nd FLOOR WILL ALSO HAVE
(TYPICAL) 8 TOTAL PARKING PROVIDED: 79 SPACES 5 WORK/LIVE UNITS
IQ
EX. CITY SEWER TREE 13.0
PRESERVATION LINKED TO THE RETAIL SPACE
5.0 ZONING COMMERCIAL C-1 1AREA MINIMUM PARKING SPACE REQUIRED: 200 SF
7\0 ZONING COMMERCIAL C-1 TAX PARCEL No. 24-37-23-00-250 d '° USE A 10' X 20' SPACE WITH 2' COUNTED BY OVERHANG 5 STORY
FLU: COMMERCIAL C-1 FLU: COMMERCIAL C-1 INTO LANDSCAPE 65' HIGH BUILDING
IPAVED SPACE 10' X 18' 80' X 150' FOOTPRINT = 12,000 SF
TREELEGEND HANDICAP SPACES REQUIRED: 4
EXISTING OAK TREE I HANDICAP SPACES PROVIDED: 4
Z'% EXISTING BAY TREE r„ CAVE „f_ = I
CANAVE1 ;
EXISTING PALM TREE '. 1 _ I 80'
TAX PARCEL No. 24-37-23-00-252 11 I 66'
w./ 515 r., k O 6 UNITS
5S•1 WNC4 610 `--;I O 9,900 SF RESIDENTIAL 5TH FLOOR
SITE PLAN NOTES O EAST PALATKA HOLLY
- 0
7:ei,
ATLANTICGAA96NSCONE: , l 66'
1. SIDEWALK AND SANITARY SEWERS TO BE CONSTRUCTED TO CITY OF CAPE -. a * O
CANAVERAL STANDARDS. PROPOSED CRAPE MYRTLE No SITE 5'” Jz 01 9,900 SF6 UNITS
2. WATER LINES TO BE CONSTRUCTED TO CITY OF COCOA STANDARDS. I! m RESIDENTIAL 4TH FLOOR 14'
3. FIRE ALARM SYSTEM TO BE CONNECTED TO CITY OF CAPE CANAVERAL FIRE d "5 ° r II G 11L O
DEPARTMENT AND BUILT TO THEIR STANDARDS.
. cn 80'
1 ,,w,e M TN' TUVTI: p W I 12,000 SF 10 UNITS
N LN
yy O RESIDENTIAL 3RD FLOOR 65' EAST
PROPOSED LIVE OAK . { n WEST
- ✓ hA' i l I 111
U .:o,., ..M,IeEPsCnrmo .:' IIS II — C • i 1
-
i5-1.rf. U ,rr1111 -0 C) 80' 4 UNITS
.6tH asuftFaau,.
—L41AG QIKT•RFi
(5 F Fr I I I pI?n I C p 12,000 SF RESIDENTIAL 2ND FLOOR
R2 I a r a _Aye • 1ErytP; I I r' m
GRAPHIC SCALE " ' ' "Ir I X
x]1 n k RGRkD8f5 Co
lir 64 ° plus 5 WORK/LIVE UNITS linked to retail space
20 0 1D 20 4D 80vfr.f arGc`,. n N5 I b r
PROPOSED MAGNOLIA Cl STIP 2 `° qq r.r n !. N 20' 50'
!5S CAl:ALE 8A _y+Np6 PHP Y51A@Gl MMfR¢AC EOf✓ J 1 0'
Clci t4-17-??...
a- P-e °i` F,`r{IgA. N o \ " I COVERED 7,500 SF
- - °h°a. A f T \ —q
•111-1 i.. 12,000 SF PARKING RETAIL
AN MIK fNA P .CLYJ '_ ` i !MAYONW7 tx Ii I `. mIN FEET GHURLH IN 9` r,5c x-4.frg IWcoTr T..virc.ususI -- —
ir TN1TIrs --T BUILDING ELEVATION SCHEMATIC
1 inch - 20 ft. • PROPOSED LIVE OAK : o"Ga 3,!.I 5r\ ti :I-- " I D
m -N 6$ .,i .s 1= m SEE ARCHITECTURAL RENDERING FOR FULL BUILDING ELEVATION
,,,,,.,,\._=,_0 3 fr7Ef , ' ,i1^I'7W Y}i-SE 311
- TOTAL UNDER ROOF 55,800 SF
'ti ADJACENT ZONING MAP ' - r 1M-' I
z LEGAL DESCRIPTION:
LOCATION MAP I D COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE COMMITMENT No. 6136252, DATED DECEMBER 12, 2016:
OCCUPIED NORTH R/W LINE OF CHURCH LANE 22 The South 70 yards (South 210) feet of the Southwest quarter of the Southwest quarter of Section 14,
EX. OAK TREE WITH CANOPY SHOWN I Township 24, Range 37, except that part lying East of Canaveral County Road, as described in Deed Book 341,
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City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 8/15/2017
Item No. 4
Subject: Ordinance No. 11-2017;prohibiting Medical Marijuana Treatment Center Dispensing
Facilities from locating within the City; adopting other conforming amendments to the City
Code to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities
within the City; 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: On September 16, 2014, the City Council adopted Ordinance No. 09-2014 to
establish operational and locational criteria related to Medical Marijuana Treatment Centers.
The action anticipated that the voters would approve a proposed constitutional amendment
known as The Florida Medical Marijuana Initiative(Amendment 2).
Amendment 2 was approved by 71 percent of the electorate. It became effective on January 3,
2017 and required laws be in place by July 3, 2017 for how patients can qualify and receive
medical marijuana. Governor Rick Scott signed legislation (SB 8-A), which was crafted during
the Legislative Special Session, on June 23, 2017 to implement Amendment 2.
Highlights of the legislation include:
• Exempts marijuana and marijuana delivery devices from sales and use tax.
• Establishes procedures for physicians to issue certifications to patients who have
qualifying medical conditions.
• Allows marijuana edibles and vaping, but prohibits smoking.
• Eliminates a 90 day waiting period for a patient to receive medical marijuana.
• Establishes qualifications to become a caregiver to assist qualified patients.
Another notable provision of the newly signed law is that it contains specific preemption
provisions regarding dispensary facilities. Specifically, SB 8-A provides that a municipality
may, by ordinance, ban medical marijuana treatment center dispensing facilities from being
located within its boundaries. However, if a municipality does not ban dispensing facilities, it
may not place specific limits either on the number of dispensing facilities that may locate in the
municipality and, further, may not enact ordinances for permitting or determining the location
of dispensing facilities which are more restrictive than its ordinances permitting or determining
the locations for pharmacies.
In short, local governments can either completely ban dispensing facilities or allow them to
locate anywhere a pharmacy can. With respect to Cape Canaveral, this would allow a
dispensing facility to be located anywhere within the Astronaut Boulevard corridor as well as
a large percentage of the N. Atlantic Avenue corridor. Further, the City would not be allowed
to restrict the number of dispensing facilities or establish spacing standards from schools,
churches, daycares,parks, etc.
This is in stark contrast to the City's current rules that treat a medical marijuana treatment center
similar to a pain management clinic in that these facilities are limited to property zoned Cl, C2
or M1 as a Special Exception. The City also established separation requirements of no less than
City Council Meeting
Date: 8/15/2017
Item No. 4
Page 2 of 2
one-half-mile distance between each pain management clinic and/or medical marijuana
treatment center—regardless of the municipal boundaries of the City. Treatment centers are also
required to be spaced a minimum of 1,000 feet from any public or private school, church or
daycare facility.
To maintain land use control over dispensing facilities, the proposed Ordinance bans these
facilities from being located within City limits. Notable provisions include:
1. The term "Medical Marijuana Treatment Center" is redefined to "Medical Marijuana
Treatment Center Dispensing Facility"in Sec. 110-1 to make it consistent with the newly
enacted law.
2. A Medical Marijuana Treatment Center has been removed from the list of Special
Exceptions within the C-1, C-2 and M-1 zoning districts (Article VII, Division 5).
3. References to"Medical Marijuana Treatment Centers have been removed from Sec. 110-
489 (Supplementary District Regulations).
The City's Planning & Zoning Board recommended approval of Ordinance No. 11-2017 at its
July 5, 2017 meeting.
The Notice of Public Hearing was advertised in Florida Today on August 3, 2017.
Submitting Department Director: David Dickey Date: 8-7-17
Attachment:
Ordinance No. 11-2017
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: 8/4/17
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 11-2017 on second reading.
Approved by City Manager: David L. Greene Date: 8/4/17
ORDINANCE NO. 11-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PROHIBITING MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES FROM LOCATING
WITHIN THE CITY; ADOPTING OTHER CONFORMING
AMENDMENTS TO THE CITY CODE TO EFFECTUATE
THE PROHIBITION OF MEDICAL MARIJUANA
TREATMENT CENTER DISPENSING FACILITIES
WITHIN THE CITY; 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, currently,the City regulates medical marijuana treatment centers in a similar
manner as pain management clinics,which are permitted by special exception in the C-1, C-2 and
M-1 zoning districts, subject to the general conditions for special exceptions and additional
requirements established in Sec. 110-489 of the Land Development Code; and
WHEREAS, the City's current regulations were adopted in 2014, prior to Florida voters
approving the Florida Right to Medical Marijuana Initiative ("Amendment 2"), which amended
the Florida Constitution to authorize"Medical Marijuana Treatment Centers"; and
WHEREAS, the Florida Legislature passed SB 8-A, amending section 381.986, Florida
Statutes, in the 2017 Special Session, approved by the Governor on June 23, 2017, which
implements Amendment 2 and which further contains specific preemption provisions regarding
dispensary facilities of medical marijuana treatment centers; and
WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban
medical marijuana treatment center dispensing facilities from being located within the boundaries
of that municipality, but that a municipality that does not ban dispensing facilities may not place
specific limits either on the number of dispensing facilities that may locate in the municipality and,
further,may not enact ordinances for permitting or determining the location of dispensing facilities
which are more restrictive than its ordinances permitting or determining the locations for
pharmacies licensed under chapter 465, Florida Statutes; and
WHEREAS, the City Council determines that it must update its ordinances relating to
medical marijuana treatment center dispensing facilities to comply with state law; and
WHEREAS,the City Council determines that it is in the best interests of the public health,
safety and welfare of the citizens of Cape Canaveral to ban medical marijuana treatment center
dispensing facilities from being located within the boundaries of the City.
City of Cape Canaveral
Ordinance No. 11-2017
Page 1 of 10
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Chapter 110—ZONING
ARTICLE I.—IN GENERAL
Sec. 110-1. -Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Medical marijuana treatment center dispensing facility means an entity that acquires, cultivates,
possesses, processes (including development of related products such as food, tinctures, aerosols,
oils, or ointments), transfers, transports, sells, distributes, dispenses, or
administers marijuana, products containing marijuana, related supplies, or educational materials
to qualifying patients or their personal caregivers and is registered by the state department of
health. a facility of a medical marijuana treatment center, as that term is defined in s. 29,Art. X of
the Florida State Constitution, which dispenses marijuana, products containing marijuana, related
supplies or educational materials to qualifying patients or their personal caregivers, as defined in
s. 29, Art. X of the Florida State Constitution and section 381.986, Florida Statutes, but shall not
include facilities growing, cultivating or processing marijuana or derivative products.
* * *
ARTICLE VII.—DISTRICTS
* * *
DIVISION 5.— C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Sec. 110-334. - Special exceptions permissible by board of adjustment.
(a) Special exceptions may be permitted for the following:
City of Cape Canaveral
Ordinance No. 11-2017
Page 2 of 10
(1) Automotive service stations that were lawfully approved and permitted by the city
pursuant to a special exception prior to the effective date of Ord.No. 11-2015 [November
17,2015] shall be considered a lawful,conforming use subject to all applicable conditions
and requirements imposed by the city when said use was previously permitted. In
addition, such automotive service stations may be modified to allow no more than ten
fueling stations (where one vehicle can be accommodated for refueling) within any one
filling station property or location, whether said filling station is located on one lot or
comprises more than one lot. An automotive service station may be modified to allow up
to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single
street frontage.
Any request for a modification to such special exception is subject to Chapter 110,Article
II, Division 4, City Code, and all other applicable provisions of the City Code.
(2) Pain management clinics, subject to the requirements of section 110-489 of this Code.
(3) Medical marijuana treatment centers, subject to the requirements of section 110 189 of
this Code.
(34)Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subject to section
110-171.
DIVISION 6.— C-2 COMMERCIAL/MANUFACTURING DISTRICT
* * *
Sec. 110-343. - Special exceptions permissible by the board of adjustment.
(a) Special exceptions may be permitted for the following:
(1) Pain management clinics, subject to the requirements of section 110-489 of this Code.
(2) Medical marijuana treatment centers, subject to the requirements of section 110 189 of
this Code.
(24)Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subject to section
110-171.
DIVISION 7.—M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
* * *
Sec. 110-354. - Special exceptions permissible by board of adjustment.
(a) Special exceptions may be granted for the following:
City of Cape Canaveral
Ordinance No. 11-2017
Page 3 of 10
(1) Conveyor systems for purposes of moving aggregate and other materials, subject to the
following:
a. Conveyor systems must be connected and adjacent to Port Canaveral.
b. Conveyor systems crossing the setback must be constructed in a north-south
direction, perpendicular to Port Canaveral.
c. Conveyor systems must be completely enclosed where located within a setback.
d. Conveyor systems shall not exceed 30 feet in height,where located within a setback.
e. Conveyor systems in the setbacks shall not be located within 750 feet from any other
existing or approved conveyor system(s). This measurement shall be drawn as a
straight line connecting the conveyor systems.
(2) Pain management clinics, subject to the requirements of section 110-489 of this Code.
(3) Medical marijuana treatment centers, subject to the requirements of section 110 X89 of
this Code.
(34)Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subject to section
110-171.
ARTICLE IX.–SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1.– GENERALLY
Sec. 110-489. -Pain management clinic and medical marijuana treatment center dispensing
facility regulations.—
(1)Pain management clinics and medical marijuana treatment centers may only be permitted
by special exception in the C-1, C-2 and M-1 zoning districts, subject to the general conditions for
special exceptions and subject to the following requirements:
(a) State registration. Pain management clinics and medical marijuana treatment centers
must be registered with the state if required by Florida law. If registration is required by
state law, then proof of registration, application for registration or letter of exemption
must be provided with the special exception application for the pain management clinic
or medical marijuana treatment center.
(b) Pain management clinic licensing. Each pain management clinic shall be operated by a
medical director who is a Florida-licensed physician, board-certified in pain medicine,
and who shall be responsible for complying with all requirements related to registration
and operation of the clinic. The designated physician must have a full, active, and
unencumbered license under F.S. ch. 458 or ch. 459, and shall practice at the clinic
location for which the physician has assumed responsibility. Within ten days after
termination or absence of the medical director, the clinic must notify the city of the
identity of another medical director for the clinic.
City of Cape Canaveral
Ordinance No. 11-2017
Page 4 of 10
(c) Separation requirements from similar uses. There shall be no less than one-half-mile
distance between each pain management clinic and/or each medical marijuana treatment
center regardless of the municipal boundaries of the city.
(d) Separation requirements from schools, churches and daycare facilities. No pain
management clinic or medical marijuana treatment center shall be permitted to locate
within 1,000 feet of any public or private school, church,or daycare facility and no public
or private school, church, or daycare facility shall be permitted to locate within 1,000 feet
of a pain management clinic or medical marijuana treatment center.
(e) Hours of operation. Pain management clinics and medical marijuana treatment centers
shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 p.m., Monday
through Friday, and 9:00 a.m. to 12:00 p.m. on Saturday.
(f) Requirement for indoor operation and prohibition on loitering. There shall be no outdoor
seating areas, queues, or customer waiting areas. All activities of the pain management
clinic or medical marijuana treatment center; including sales, display, preparations and
storage; shall be conducted entirely within an enclosed building. A pain management
clinic or medical marijuana treatment center shall provide adequate seating for its patients
and business invitees.The pain management clinic or medical marijuana treatment center
shall not direct or encourage any patient or business invitee to stand, sit, gather or loiter
outside of the building where the clinic or center operates, including in a parked car,
including in any parking areas, sidewalks, rights-of-way, or neighboring properties for
any period of time longer than reasonably required for patients to conduct their official
business and depart. The pain management clinic or medical marijuana treatment center
shall post conspicuous signs on at least three sides of the building stating that no loitering
is allowed on the property.
(g) Vehicular traffic. The pain management clinic or medical marijuana treatment center
shall ensure that there is no queuing of vehicles in the rights-of-way.No pain management
clinic or medical marijuana treatment center shall have a drive-through or drive-in service
aisle.
(h) Prohibition of on-site consumption of pain management drugs, marijuana or alcohol. No
consumption of a pain management drug, marijuana, or alcoholic beverage shall be
allowed on the premises, including in the parking areas, sidewalks, or rights-of-way.
(i) Parking. Any parking demand created by a pain management clinic or medical marijuana
treatment center shall not exceed the parking spaces located or allocated on site, as
required by the city's parking regulations. An applicant shall be required to demonstrate
that on-site traffic and parking attributable to the pain management clinic or medical
marijuana treatment center will be sufficient to accommodate traffic and parking demands
it generates, based upon a current traffic and parking study prepared by a certified
professional.
(j) Prohibition on cash only businesses. Limiting payment for goods or services to cash only
is prohibited.
(k) Daily reports required. Pain management clinics and medical marijuana treatment centers
shall be required to submit to the Brevard County Sheriffs Office a daily summary
containing the following information from the prior business day:
(i) The total number of prescriptions written that day;
City of Cape Canaveral
Ordinance No. 11-2017
Page 5 of 10
(ii) The total number of doses of drugs sold and/or dispensed by the pain management
clinic or medical marijuana treatment center that day(including samples),specifying
how many doses were sold or dispensed; the person prescribing or dispensing same;
and the manner of payment by each person who was dispensed drugs at the clinic
that day; and
(iii) The state of residence of each person to whom drugs were prescribed or dispensed
that day.
(1) Prohibition on home occupations. A pain management clinic or medical marijuana
treatment center shall not be permitted as a home occupation.
(m) No pain management clinic or medical marijuana treatment center shall be wholly or
partially owned by, or have any contractual relationship (whether as a principal, partner,
officer, member, managing member, employee, independent contractor, or otherwise)
with any physician,pharmacist,or any other person who prescribes drugs and who,within
five years prior to the receipt of any application for special exception:
(i) Has been suspended, had his or her license revoked, or been subject to disciplinary
action for prescribing,dispensing,administering,providing,supplying,or selling any
controlled substance in violation of any state, federal, or similar law where such
person is licensed to practice;
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for,a violation of any state,federal, or similar law related to drugs
or alcohol, specifically including but not limited to, prescribing, dispensing,
administering,providing, supplying, or selling any controlled substance;
(iii) Has been suspended, had his or her license revoked, or been subject to disciplinary
action by any state, federal, or other governmental entity where such person is
licensed to practice;
(iv) Has had any state,federal,or other governmental entity where such person is licensed
to practice take any action against such person's license as a result of dependency on
drugs or alcohol; or
(v) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude.
(n) No pain management clinic or medical marijuana treatment center shall be wholly or
partially owned by, or have as a principal, partner, officer, member, managing member,
or otherwise where the owner is an entity, any person who:
(i) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for,a violation of any state,federal, or similar law related to drugs
or alcohol; or
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude.
(o) No pain management clinic or medical marijuana treatment center shall employ any
person, as an independent contractor or otherwise, who:
(i) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for,a violation of any state,federal, or similar law related to drugs
City of Cape Canaveral
Ordinance No. 11-2017
Page 6 of 10
or alcohol, specifically including but not limited to, prescribing, dispensing,
administering, providing, supplying or selling any controlled substance; or
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude within the five
years preceding the application for special exception.
(p) Landlord responsibilities.
(i) Any landlord, leasing agent, or owner of property upon which a pain management
clinic or medical marijuana treatment center operates,who knows, or in the exercise
of reasonable care should know, that a pain management clinic medical marijuana
treatment center is operating in violation of city code or applicable Florida law,
including the rules and regulations promulgated by the state department of health,
must prevent, stop, or take reasonable steps to prevent the continued illegal activity
on the leased premises.
(ii) Landlords who lease space to a pain management clinic medical marijuana treatment
center must expressly incorporate language into the lease or rental agreement stating
that failure to comply with city code is a material non-curable breach of the lease and
shall constitute grounds for termination of the lease and immediate eviction by the
landlord.
(q) Additional application information. An applicant seeking a special exception for a pain
management clinic or medical marijuana treatment center shall,in addition to the general
application information required for special exceptions, provide the following:
(i) The pain management clinic's or medical marijuana treatment center's registration
number issued by the Florida Department of Health, as required by Florida law.
(ii) For pain management clinics, the name of the medical director, as required herein,
responsible for complying with all requirements related to operation of the pain
management clinic and the medical director's Drug Enforcement Agency number.
(iii) A list of all persons associated with the management or operation of the pain
management clinic or medical marijuana treatment center, whether paid or unpaid,
part-time or full-time, including all contract labor and independent contractors. This
list shall include, but not be limited to, all owners, operators, employees and
volunteers. For persons listed, the following additional information must be
provided:
(A) Person's title, current home address, telephone number and date of birth;
(B) List of all criminal convictions whether misdemeanor or felony; that are drug
related;
(C) A copy of a current Florida driver's license or government issued photo
identification; and
(D) A set of fingerprints.
(iv) If the property owner is different from the owner of the pain management clinic of
medical marijuana treatment center, the applicant shall provide the name, address,
telephone number and a copy of a Florida driver's license or government issued photo
identification of the property owner along with the application.
(v) An inventory of diagnostic equipment to be located at the clinic;
City of Cape Canaveral
Ordinance No. 11-2017
Page 7 of 10
(vi) A natural disaster management plan;
(vii)A floor plan showing the location and nature of adequate security measures,
including those required by the State of Florida for controlled substances, to
safeguard all drugs to be dispensed in the course of its business.
(viii) An affidavit of the medical director of the pain management clinic, or owner of the
medical marijuana treatment center, signed under oath, attesting:
(A) That their practice is located at the subject site;
(B) That no employees of the facility have been convicted of a drug-related felony
within the five years preceding the application for special exception;
(C) That the pain management clinic or medical marijuana treatment center will not
knowingly employ any such convicted felons thereafter; and
(D) For pain management clinics, that the medical director shall be required to
inform the city within ten days should the medical director be terminated or
otherwise leave the affiliation of the pain management clinic as medical director.
The medical director of the pain management clinic, or owner of the medical
marijuana treatment center shall be required to keep all application information
updated with the city at all times, even after issuance of a special exception, and said
information shall be verified annually by the city in conjunction with the city's local
business tax receipt renewal process. The medical director of the pain management
clinic, or owner of the medical marijuana treatment center shall notify the city of any
change to the information within ten days of any new person becoming associated
with the pain management clinic or medical marijuana treatment center or any other
change to the application information required herein. Failure to properly maintain
updated information with the city shall be grounds for revocation of the special
exception.
(r) Single special exception application/Single classification of special exception. Only one
special exception may be issued for a location or any single building and only under a
single classification for either a pain management clinic or medical marijuana treatment
center.
(s) Compliance with law. The pain management clinic or medical marijuana treatment center
shall at all times be subject to the requirements of all applicable federal, state, county and
local laws and ordinances, as they may be amended from time to time.
(t) Suspension or revocation of special exception. Any special exception granted for a pain
management clinic or medical marijuana treatment center may be temporarily suspended
or absolutely revoked by majority vote of the board of adjustment at a public hearing,
when the board of adjustment has determined by competent substantial evidence that
either:
(i) The pain management clinic or medical marijuana treatment center has obtained the
special exception upon false statements, fraud, deceit, misleading statements, or
suppression of material facts;
(ii) The pain management clinic or medical marijuana treatment center has committed
substantial violations of the terms and conditions on which the special exception was
granted;
City of Cape Canaveral
Ordinance No. 11-2017
Page 8 of 10
(iii) The pain management clinic or medical marijuana treatment center no longer meets
the requirements of this section or other applicable law; or
(iv) The medical director or any other employee of the pain management clinic or medical
marijuana treatment center knowingly allowed illegal activities to be conducted on
the premises.
Prior to any special exception being revoked, the pain management clinic or medical
marijuana treatment center shall be provided with minimum due process including notice
of the grounds for revocation and hearing date, an opportunity to be heard, the right to
present evidence, and the right to cross-examine adverse witnesses.
(u) Certification affidavit by applicants for related uses.
(i) Any application for a business tax receipt under chapter 70 of this Code, as a pain
management clinic or as a medical marijuana treatment center as such terms e is
defined in section 110-1 of this Code, shall be accompanied by an executed affidavit
certifying registration with the State of Florida and the city as a pain management
clinic or as a medical marijuana treatment center, as applicable. The failure of an
applicant to identify the business in the application for a business tax receipt as a
pain management clinic or medical marijuana treatment center will result in the
immediate expiration of the business tax receipt and immediate ceasing of all activity
conducted in the pain management clinic or medical marijuana treatment center.
(ii) Any applicant's application for a business tax receipt and executed affidavit relating
to use as a pain management clinic or as a medical marijuana treatment center,where
applicable, shall be provided to the city building division at the time of the proposed
use.
(2)Medical marijuana treatment center dispensing facilities shall be prohibited from locating in
any district of the City.
Footnotes:
(17)
Editor's notc Section 6 of Ord. No. 09 2011, adopted Sept. 16, 2011, states: This ordinance
shall become effective immediately upon passage and adoption by the city council, however, the
opening and/or operating of a medical marijuana treatment center as defined by the Florida
Constitution or Florida law shall occur only upon and after the effective date upon which
medical marijuana treatment centers are deemed legal by the State of Florida.
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
City of Cape Canaveral
Ordinance No. 11-2017
Page 9 of 10
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 15th day
of August, 2017.
Bob Hoog,Mayor
ATTEST: For Against
Mike Brown
Mia Goforth,CMC Robert Hoog
City Clerk
Brendan McMillin
Rocky Randels
Betty Walsh
1st Advertisement: June 30, 2017
1st Reading: July 18, 2017
2nd Advertisement: August 3, 2017
2nd Reading: August 15, 2017
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 11-2017
Page 10 of 10
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 8/15/2017
Item No. 5
Subject: Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral
Land Development Code; clarifying that Hotels are a permitted use in the Al A Economic
Opportunity Overlay District; 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: With adoption of Ordinance No. 02-2016 in July 2016, City Council approved a
sweeping change related to allowed uses in the various zoning districts throughout the City.
In particular, Sec. 110-352 was revised to allow hotels, with a minimum of 150 rental units,
as a permitted use in the M-1 district. Prior to this,hotels were not allowed in the M-1 district.
However, this new language created a conflict with standards contained in the Economic
Opportunity Overlay District (EOOD) section of the Code; specifically Sec. 110-609 which
states that hotels and motels are only allowed in the M-1 district as a special exception. As a
result, the EOOD is now more restrictive with respect to hotel development than property
outside the EOOD.
As a result, the proposed Ordinance represents a conforming amendment to make Sec. 110-
609 consistent with Sec. 110-352,to allow hotels/motels as a permitted use in the M-1 district
in the EOOD.
All M-1 zoning in the City is located within the EOOD, immediately south of Port Canaveral.
A 40-acre district lies east of N. Atlantic Avenue, largely centered on the Transmontaigne
terminal facility. The second district, which is approximately 75-acres in size, is located
between N. Atlantic Avenue and Astronaut Boulevard. These areas of the City are prime for
redevelopment and are logical expansion areas for City/Port hospitality districts.
From a policy standpoint, the EOOD was created to "promote hospitality related commercial
development that capitalizes on the economic benefits of Port Canaveral..." To that end,
development standards applicable to the EOOD were made more flexible and streamlined than
those applicable to the balance of the City. The proposed Ordinance is a continuation of the
Council's intent with respect to creating a favorable regulatory environment within the EOOD.
The Planning&Zoning Board recommended approval of Ordinance No. 12-2017 at its June 28,
2017 meeting.
The Notice of Public Hearing was advertised in Florida Today on August 3, 2017.
Submitting Department Director: David Dickey Date: 8-7-17
Attachment:
Ordinance No. 12-2017
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: 8/4/17
City Council Meeting
Date: 8/15/2017
Item No. 5
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 12-2017 on second reading.
Approved by City Manager: David L. Greene Date: 8/4/17
ORDINANCE NO. 12-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-609 OF THE CITY OF CAPE
CANAVERAL LAND DEVELOPMENT CODE;
CLARIFYING THAT HOTELS ARE A PERMITTED USE IN
THE AlA ECONOMIC OPPORTUNITY OVERLAY
DISTRICT; 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,Ordinance No. 02-2016 amended Sec. 110-352 of the City of Cape Canaveral
Land Development Code ("Code") to allow hotels, with a minimum of 150 rental units, as a
permitted use in the M-1 district; and
WHEREAS, Sec. 110-609 of the Code currently provides that hotels and motels that are
also in the AlA Economic Opportunity Overlay District are only allowed as a special exception in
the M-1 District; and
WHEREAS, the City Council desires to correct this inconsistency in the Code related to
hotels in the M-1 district; and
WHEREAS, Sec. 110-627(1)(b) of the Code already further provides that hotels within
the AlA Economic Opportunity Overlay District must have 150 units with no minimum lot size;
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. 12-2017
Page 1 of 3
Chapter 110—ZONING
* * *
ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
* * *
DIVISION 2.—ADMINISTRATION
* * *
Sec. 110-609. -Use matrix.
The District is intended to serve as both the main gateway area into the city as well as the
main street to the city's proposed Town Center. The following land use matrix (Table 1) identifies
the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed
(NA).
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Retail P P P 1
Personal Services P P SE 1
Hotels and Motels P P 1 P SE
Banks P P SE 1
Waterfront Restaurant P P SE
Assisted Living Facility SE SE 1 NA
Pharmacies 2 P P NA
Flex space (office, showroom,warehouse) 2 SE SE P
Convenience store w/gas 2 SE SE P
High tech/light manufacturing 2 SE P P
Warehousing 2 NA SE P
Off-site cruise ship parking accessory to hotels and motels 2 SE SE SE
Commercial Parking Facility (minimum lot size of 5 acres)3 NA NA SE
Port of Call Facility [Permitted pursuant to a Development P P P
Agreement(DA)] 1 (w/DA) (w/DA) (w/DA)
Attraction and Destination uses 1 PD PD PD
Mixed Use Development uses (i.e. Town Center) 1 1 PD 1 PD 1 PD
City of Cape Canaveral
Ordinance No. 12-2017
Page 2 of 3
1 Added use.
2 Use included to clarify intent of code.
*Uses not specifically listed may be approved as a Planned Development(PD).
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 15th day
of August, 2017.
ATTEST: Bob Hoog,Mayor
For Against
Mia Goforth, CMC
City Clerk Mike Brown
1st Reading: July 18, 2017 Robert Hoog
Advertisement: August 3, 2017
2nd Reading: August 15, 2017 Brendan McMillin
Rocky Randels
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by: Betty Walsh
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 12-2017
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 8/15/2017
Item No. 6
Subject: Resolution No. 2017-15; amending Appendix B, Schedule of Fees of the City Code
related to assessment of Zoning and Building Permit fees; providing for the repeal of prior
inconsistent resolutions, incorporation into the Code, severability and an effective date.
Department: Community Development
Summary: Many fees associated with Community Development Department (Department)
services have not changed since the adoption of the Code in 1983. Since that time, costs have
escalated in personnel, fuel, office supplies, records retention, permitting and equipment. In
addition,Florida Statute and applicable Zoning and Building Codes have increased the required
level-of-service that must be performed by law.
With the current fee schedule,the Department budget is forced to be augmented by the General
Fund to cover these increased costs. The resulting impact is the General Fund account is
subsidizing costs that can be attributed to individual development projects.
Therefore, a revision to Appendix B, the City's Fee Schedule, is being proposed to properly
assign development-related costs, to reasonably capture the cost of providing Department
services and provide relief to the General Fund.
Planning and Zoning Fees: Staff is proposing to revise the following Planning and Zoning fees
associated with land use and zoning applications:
• Implement a fee for the City's Development Review Committee (DRC)—the City DRC
is convened anytime a major project is being proposed in the City limits to provide input
and recommendations to applicants. The DRC consists of representatives from all of the
City's review departments, to include: Planning, Building, Public Works Services (2),
City Engineer, Community Engagement, Culture and Leisure Services and Economic
Development. Representatives of the Brevard County Sheriff's Office and Canaveral
Fire Rescue attend as well. DRC members are provided an application prior to the
meeting and asked to respond with comments. Members are also expected to attend
meetings to meet with each applicant. Currently,there is no fee collected for this service.
Staff is recommending a fee of$250 per application be established to partially off-set
City costs. This fee is anticipated to generate$1,500 annually.
• Implement a fee for Zoning Compliance Letters — Zoning Compliance letters are
typically requested when commercial or multi-family properties are sold or refinanced
to determine whether the property is in compliance with its zoning designation. Staff
received approximately 25 requests in the past 12 months. Staff has found a typical letter
requires several hours to prepare,including research of the public record and preparation
of the letter itself. Staff is recommending a fee of$50. This fee is anticipated to generate
$500 annually.
• Lot Line Adjustment — the Lot Line Adjustment process was recently established by
Council to administratively authorize minor boundary adjustments between adjacent
parcels. It is anticipated that approximately 3-5 hours of Staff time will be allocated per
application,not including up to 2 hours of review time by the City Attorney's Office and
the City Engineer. Staff is recommending a fee of$250 per application be established.
This fee is anticipated to generate$500 annually.
City Council Meeting
Date: 8/15/2017
Item No. 6
Page 2 of 3
• Adjustment to the Rezoning/Variance/Special Exception Fees — currently, the fee for
these application types is $250. This is very low considering the amount of Staff time
needed to process such a request, including application review for sufficiency,
distribution and review by various City departments and preparation for and conducting
board meetings. It is estimated on average, Staff time to process these applications could
run 15 hours, not including up to 6 hours of review time by the City Attorney's Office
and City Engineer. Based on available information, the City is at or near the bottom of
the scale with respect to application fees for Brevard County municipalities. Based on
the number of Staff hours to process these application types,it is suggested that a revised
application fee of$750 be established. These fees are anticipated to generate $3,750
annually.
• Site Plan Applications —this application is requested for most development projects in
the City to ensure zoning/utility/landscaping requirements are being met. It is estimated
on average, Staff time to process these application types is 15 hours,not including up to
6 hours of review time by the City Attorney's Office and City Engineer. Other
municipalities in Brevard County charge between $800 and $1,500 for this application.
Currently the City charges $37.50 for residential and $150 for commercial site plan
review. Based on the number of Staff hours to process this application, it is suggested
that a revised application fee of$750 be established. This fee is anticipated to generate
$4,500 annually.
Building Fees: Building permit fees are a type of user fee paid by entities to the City when the
Department's services are required. Building permits are required for: construction of new
buildings, additions or remodeling of existing structures, installation of fences and signs and
other building/construction activities.
Currently, annual fees generated by building permits do not cover the cost of Department
personnel. The City's 2016/17 budget includes a revenue of$95,000 for building permit fees.
This only covers 50% of the cost to operate the Department. As a result, the General Fund (tax
payer revenue) is underwriting the cost of providing this service. The proposed fees would shift
the cost of providing Department services to the actual users of the services.
The following fee revisions are proposed to assist the Department in attaining an enterprise type
budget based on user fees to cover actual costs of providing services:
• Non-Refundable Permit Processing Fee - this proposed fee would be collected for all
Department permits to cover the administrative costs of processing permit applications.
Potential revenue from this source is tied to the number of permits processed annually,
which over the past several years has totaled:
2013 — 1,080
2014—935
2015- 1,194
2016— 1,184
Assuming an annual number of 1,150 permit applications, a $20 processing fee would
generate$22,700 annually; a$30 fee would generate$34,050 annually.
• Raising Base Building Permit Fee—Building Permit fees are based on the value of the
proposed work. As an example, the BP fee for work valued at $500 or less is $45. The
City Council Meeting
Date: 8/15/2017
Item No. 6
Page 3 of 3
fee for work valued between $501 and $1,000 is$60 and so on. The following table is a
summary of BP fees collected in the past 12 months:
Value of Work Permit Fee # of Permits Revenue
$500 or less $45 61 $2,745
$501 to $1,000 $60 111 $6,660
$1,001 to $2,000 $75 155 $11,625
$2,001 to $20,000 $75 882 $66,150
$20,001 to $100,000 $165 61 $10,065
$100,001 to $500,000 $565 11 $6,215
$500,001 and up $2,165 1 $2,165
TOTAL $105,625
As proposed, the base BP fee would be increased as indicated below:
Value of Work Permit Fee # of Permits Revenue
$500 or less $50 61 $3,050
$501 to $1,000 $65 111 $7,215
$1,001 to $2,000 $80 155 $12,400
$2,001 to $20,000 $100 882 $88,200
$20,001 to $100,000 $175 61 $10,675
$100,001 to $500,000 $575 11 $6,325
$500,001 and up $2,250 1 $2,250
TOTAL $130,115
The proposed fee increase would generate an additional $24,490 annually.
• Implement a fee for Code Enforcement Compliance Letters - Compliance letters are
typically requested when commercial or multi-family properties are sold or refinanced
to determine whether the property has outstanding Code Enforcement liens/fines. Staff
received 300 requests during FY 2015/16. Staff has found that a typical letter requires
several hours to prepare, including research of the public record and preparation of the
letter itself. Staff is recommending a fee of$50. This fee is anticipated to generate an
additional $15,000 annually.
Assuming the next 12 months are consistent with permit activity from the previous 12 months,
the proposed fee revisions would generate approximately $84,290 annually. It is important to
note that the new revenue will reduce the burden on the General Fund, which is currently
subsidizing private development activity.
Submitting Department Director: David Dickey Date: 8-7-17
Attachment: Resolution No. 2017-15.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/4/17
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2017-15.
Approved by City Manager: David L. Greene Date: 8/7/17
RESOLUTION NO. 2017-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AMENDING
APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE
RELATED TO ASSESSMENT OF ZONING AND BUILDING
PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT 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 accomplish a more accurate realization of
project value in the process of assessing permit fees for development activity; and
WHEREAS, the City Council desires to update its permit application fees to more
efficiently recover the costs associated with providing zoning, building and code enforcement
services, and
WHEREAS, the City Council believes updating the City's permit application fees will
more accurately reflect the cost of providing these services and reduce the financial burden
placed upon the General Fund; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public
health, safety and welfare of the citizens of Cape Canaveral.
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 incorporated
herein by this reference as part of this Resolution.
Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of
Fees, to the Cape Canaveral Code of Ordinances is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a
deletion from this Resolution of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Resolution shall remain unchanged
from the language existing prior to adoption of this Resolution):
Appendix B Schedule of Fees
* * *
Chapter 2. Administration
City of Cape Canaveral
Resolution No.2017-15
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Article VI. Code Enforcement.
Amount Code Section
(a) Code Enforcement Compliance Letter 50.00
Chapter 82. Buildings and Building Regulations
Valuation Fee
$500.00 or less; $ 50.00
$501.00 to and including $1,000.00 $ 65.00
$1,001.00 to and including $2,000.00 $ 80.00
$2,001.00 to and including $20,000.00 $100 for the first $2,000.00 and$5.00 for each
additional $1,000 or fraction thereof to and
including $20,000.00
$20,001.00 to $100,000.00 $175.00 for the first $20,000.00 and $5.00 for
each additional $1,000 or fraction thereof to and
including $100,000.00
$100,001.00 to $500,000.00 $575.00 for the first $100,000.00 and $4,00 for
each additional $1,000 or fraction thereof to and
including $500,000
$500,001.00 and up $2250.00 for the first $500,000.00 and$3.00
for each additional $1,000 or fraction thereof
(D) Other Fees
Non-Refundable Permit Processing Fee $30.00
Chapter 98. Subdivisions
Amount Code Section
fid,) Lot Split 500.00 98-66
Lot Line Adjustment 250.00 98-67
Chapter 110. Zoning
Amount Code Section
(a) Application for rezoning 750.00 110-92
(c) Application for a special exception or variance 750.00 110-92
(e) Site plans:
(1) Fee Schedule. The fee schedule for site
Plan review shall be:
a. One, two and three residential units 750.00
b. Four or more residential units 750.00
c. Commercial structures 750.00
d. Extension of Site plan 150.00
City of Cape Canaveral
Resolution No.2017-15
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(f) Zoning Compliance Letter 50.00
(g) Application for Development Review 250.00
Committee
* * *
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council are hereby expressly repealed to the extent of the conflict.
Section 5. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be
incorporated into Appendix B, Schedule of Fees, to the City of 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 Resolution and the City Code may be freely made.
Section 6. Severability. If any section, clause, phrase, word or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or
procedural reasons, 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 Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 15th day of August, 2017.
ATTEST: Bob Hoog,Mayor
Name FOR AGAINST
Mia Goforth, CMC, Mike Brown
City Clerk
Bob Hoog
Brendan McMillin
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by: Rocky Randels
Betty Walsh
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2017-15
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