HomeMy WebLinkAboutAgenda Packet 11-21-2017 CAPE CANAVERAL CITY COUNCIL SINE DIE MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
November 21, 2017
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items.
Citizens will limit their comments to three (3)minutes. The City Council will not take any action
under the"Public Participation"section of the agenda. The Council may schedule items not on the
agenda as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. 6:20 p.m.
1. Approve Minutes for Regular City Council Meeting of October 17, 2017.
PUBLIC HEARING:
6:20 p.m. 6:25 p.m.
2. Ordinance No. 15-2017; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise
Capital Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending
September 30, 2017; providing for the repeal of prior inconsistent ordinances and
resolutions and an effective date, second reading.
ADJOURNMENT SINE DIE:
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CALL TO ORDER:
ROLL CALL:
OATHS OF OFFICE:
PRESENTATION TO OUTGOING COUNCIL MEMBERS:
SELECTION OF MAYOR PRO TEM:
City of Cape Canaveral, Florida
City Council Meeting
November 21, 2017
Page 2 of 2
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda,minutes,informational items),and quasi-judicial or emergency items. Citizens
will limit their comments to three (3)minutes. The City Council will not take any action under the
"Public Participation" section of the agenda. The Council may schedule items not on the agenda
as regular items and act upon them in the future.
CONSENT AGENDA:
6:40 p.m. 6:45 p.m.
3. Approve the Proposed 2018 City Council Regular and Tentative Budget Meeting Schedule.
ITEMS FOR ACTION:
6:45 p.m. 7:00 p.m.
4. Appoint a Council Member as the Voting Delegate to the Space Coast Transportation
Planning Organization (TPO) Governing Board, representing the North Beaches Coalition
(NBC) of Cape Canaveral and Cocoa Beach; reappoint Economic Development Director
Todd Morley as Technical Advisory Committee (TAC) Member; and reappoint Planning
and Zoning Board Chair John Price as Citizens' Advisory Committee (CAC) Member to
the Space Coast Transportation Planning Organization (SCTPO).
5. Review and make a preliminary determination regarding residential projects, listed in the
written catalog,to have their residential density considered by City Council via Resolution
at an advertised public hearing,for vesting pursuant to Ordinances No. 05-2017&06-2017.
REPORTS:
7:00 p.m. 7:10 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.This notice
does not constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may
attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with
disabilities needing assistance to participate in the proceedings should contact the City Clerk's
office (868-1220 x220 or x221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING Item No. 1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
October 17,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM Mayor Pro Tern McMillin
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Attorney Anthony Garganese
City Clerk Mia Goforth
Deputy Financial Services Director Melinda Huser
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
Culture and Leisure Services Director Gustavo Vergara
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Lieutenant Don Barker
Cape Canaveral Volunteer Fire Department Assistant Chief Brian Dennison
PUBLIC PARTICIPATION: Shannon Roberts, 703 Solana Shores, announced the Cape
Canaveral Candidates Forum,presented by The League of Women Voters® Space Coast,will take
place on Saturday, October 21, 2017 from 10 AM to 11:30 AM in the Cape Canaveral Library
Meeting Room at 201 Polk Avenue. Council thanked Ms. Roberts for her efforts.
Omar Tones, 561 Casa Bella Drive, spoke in support of food trucks, hot dog carts and business
development in the City and mentioned his work involving relief efforts for Puerto Rico.
John Benton, 301 Imperial Boulevard, did not appear when called to speak during Public
Participation.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 17, 2017
Page 2 of 5
PUBLIC HEARING:
1. a. Resolution No. 2017-28; adopting a Final 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; repealing Resolution No. 2017-23; providing for an effective date: City
Attorney Garganese read the title into the record and explained, due to the error in the advertised
notice in the newspaper, Staff is required to bring the item back to Council for another Public
Hearing to adopt the Final Millage Rate of 4.0190 mils, higher than the previous year and a
19.12% increase above the roll-back rate of 3.3739 mils. As required by State statute, City
Attorney Garganese pronounced the reason for the increase due to funding several public projects
pursuant to the City's Strategic Visioning Plan and increased operating costs. Discussion ensued
and included the need to conduct another public hearing due to an error in the original newspaper
advertisements, the letter received from the publisher confirming such and these are the same
figures heard at the previous City Council Meeting. The Public Hearing was opened. There being
no discussion,the Public Hearing was closed.A motion was made by Council Member Randels,
seconded by Mayor Pro Tem McMillin,for adoption of Resolution No. 2017-28. The motion
carried 5-0.
b. Resolution No. 2017-29; readopting the Annual General Fund, Wastewater
Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds,
Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017,
and ending September 30, 2018; in accordance with Section 5.06 of the City Charter, adopting a
Revised Budget Summary (Attachment 1) to Ordinance No. 14-2017 to authorize supplemental
appropriations by adding an additional $32,498 in revenues and related expenses to the General
Fund and an additional $484 in revenues and related expenses to the Library Fund; providing for
an effective date: City Attorney Garganese read the title into the record and explained, due to a
scrivener's error in the Budget Summary that was advertised in the newspaper, Council must go
through the process of re-adopting and ratifying the Budget that was already approved, with two
minor exceptions for additional revenues that needed to be budgeted and constitute supplemental
appropriations. 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, for adoption of Resolution No. 2017-29, which re-adopts and ratifies the Budget
for the Fiscal Year. The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and
Elana Whitehead): City Attorney Garganese asked Ms. Sweet if the information on her application
was true and correct to which she responded in the affirmative, explained her interest in serving
on the Board and shared her background as a Library Director. Council thanked her for
volunteering. City Attorney Garganese asked Ms. Whitehead if the information on her application
was true and correct to which she responded in the affirmative, explained her interest in serving
on the Board and shared her background in journalism and grant writing.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 17, 2017
Page 3 of 5
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion. Mayor Pro Tem McMillin removed Items Nos. 8 and 9.
2. Approve Minutes for September 5, 2017 City Council Special Meeting and September 19,
2017 City Council Regular Meeting.
3. Resolution No. 2017-17; appointing Members to the Community Appearance Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Gail Sweet and Elana Whitehead)
4. Resolution No. 2017-27; reappointing a Member to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and an effective date. (Mark Derman)
5. Approve Interlocal Agreement with Brevard County for funding of upgrades to the West
Central Boulevard Baffle Box as part of Save Our Indian River Lagoon Project Plan and authorize
City Manager to execute same.
6. Approve Second Amendment to existing Interlocal Agreement for Stormwater Education
and Outreach with Brevard County including the City's annual contribution of $3,507.70 and
authorize City Manager to execute same.
7. Approve Third Amendment to existing Lease Agreement with Board of County
Commissioners of Brevard County (BOCC), Florida, to provide Library Services and authorize
Mayor to execute same.
8. Approve Task Order No. 4 in the amount of $69,954 to Geosyntec Consultants, Inc. for
design of a reclaimed effluent disposal system at Canaveral City Park, and authorize City Manager
to execute same.
9. Approve Task Order No. 5 in the amount of $73,950 to Quentin L. Hampton and
Associates, A Mead & Hunt Company, for engineering design, permitting, bidding and
construction monitoring services for the replacement of Force Main No. 3 and authorize City
Manager to execute same.
A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels,to
approve Item Nos. 2 through 7. The motion carried 5-0.
#8 Deputy Public Works Services/Community Engagement Director Surprenant explained the
item. Discussion ensued and included how the project is a first, Staff's meetings with the St.John's
City of Cape Canaveral, Florida
City Council Regular Meeting
October 17, 2017
Page 4 of 5
River Water Management District and the Florida Department of Environmental Protection
regarding feasibility, how the system will help keep reclaimed water out of the river, situations
like Hurricane Irma and heavy rains,fire hydrant flow testing,monitoring wells, soil sampling will
be tracked and recorded and how the whole project is to avoid effluent going into the river. Mayor
Hoog advised to make a motion for both Item #8 and#9 at once.
#9 Deputy Public Works Services/Community Engagement Director Surprenant explained the
item and the purpose for replacing the twenty-five year old, ten-inch diameter asbestos and
concrete pipe. Discussion ensued and included budgeted and unknown costs of the project and the
need for redesign and pipe replacement construction of Force Main No. 3. A motion was made
by Mayor Pro Tem McMillin, seconded by Council Member Randels, to approve Item Nos.
8 and 9. The motion carried 5-0.
PUBLIC HEARING:
10. 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, second reading:
City Attorney Garganese read the title into the record and explained the item. Discussion ensued
and included requirements and policies implementation as explained by Community Development
Director Dickey; the Ordinance formalizes actions the City is currently performing; the draft
contract with East Central Florida Regional Planning Council and the grant they received from the
Florida Department of Environmental Protection to gather the lion's share of data in vulnerability
analysis and determine next steps to protect critical infrastructure;recent flash flooding considered
a Hurricane Irma related event, affected Ocean Woods, Harbor Heights; Staff efforts to assist
residents;the Comprehensive Plan was implemented in the 1980s and Coastal Management, Storm
Management and reduction of flooding due to rain and rising sea levels. The Public Hearing was
opened.There being no comment,the Public Hearing was closed.A motion was made by Council
Member Randels, seconded by Council Member Walsh,for adoption of Ordinance 10-2017,
at second reading. The motion carried 5-0.
11. Ordinance No. 15-2017; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first
reading: City Attorney Garganese read the title into the record and explained the item. Discussion
ensued and included the action being an annual housekeeping item each year, no financial impact
with the amendments, the final Budget Report and the City being in good financial shape. The
Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion
was made by Council Member Walsh, seconded by Council Member Randels, to approve
Ordinance 15-2017, at first reading. The motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 17, 2017
Page 5 of 5
REPORTS:
Council Member Randels provided updates and information regarding Space Coast Area Transit,
Space Coast Transportation Planning Organization and various projects that affect the City.
Council Member Brown reported the Space Coast League of Cities top priorities to present to the
Florida legislature include support of home-rule, Indian River Lagoon Restoration, protect
municipal revenues, improvement to State roads and Community Redevelopment Agencies.
Mayor Pro Tem McMillin mentioned attending the Port Canaveral Master Plan Community
Meeting; the plan to donate his salary to replace a tree did not work out and will instead help
sponsor the Space Coast Art Festival at Manatee Sanctuary Park,November 25—26, 2017; recent
activity/involvement in the Propeller Club International Convention, LEAD Brevard class and the
upcoming Mock City Council Meeting on Tuesday, October 24, 2017 with the Cape View
Elementary School Third Grade for Florida City Government Week 2017.
Council Member Walsh pointed to the Port Canaveral website for more information regarding the
Master Plan and stated the City has very qualified individuals running for City Council and wished
good luck to all five City Council candidates.
Deputy Public Works/Community Engagement Director Surprenant reported the City received
U.S. Trademark Certificates finalizing six trademarks for the City: Lift Off+ Landing, Waves +
Wonder, Inspiration + Relaxation, Family + Friends, High-Tech + High Tide and Science +
Sandcastles. Additionally, Staff is working to obtain trademarks for: the City Seal, "Sun, Space
and Sea","Sun, Space& Sea","The Space Between", "Sun+ Sea"and"High-heels+Flip Flops".
Mayor Hoog announced a Tree Dedication at Manatee Sanctuary Park, October 18, 2018 at 3 PM,
in honor of the City's winning designation as the Most Fit City of the Year in the Health First
Fitness Challenge.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:57 PM.
Mia Goforth, CMC, City Clerk Bob Hoog,Mayor
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/21/2017
Item No. 2
Subject: Ordinance No. 15-2017; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date,
second reading.
Department: Administrative/Financial Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 15-2017
(Attachment) is presented for adoption. Exhibit "A"to the Ordinance details the revenues and
expenditures pertaining to the Starting Budget,Budget Transfers,Year-end Budget Adjustments
and concludes with the 2017 Ending Budget. The revenues and expenditures have been adjusted
to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded
estimates or was under-realized.
On the expenditures, it displays where money was saved or in some cases where projects were
budgeted, but for various reasons not completed (such as the new City Hall Project, which has
been re-budgeted for FY 2017/18). Attachment#2 shows a complete Budget Adjustment Detail
sequentially numbered by Account/Department.As with past years,the Comprehensive Annual
Financial Report (CAFR) will provide the actual expenditures for this budget year. Final
adjustments and updates have been completed since the first reading at the City Council Meeting
on October 17, 2017. It is anticipated the FY 2016/17 Estimated Ending Fund Balances as
compared to the Budget are as follows:
General Fund $4,671,934
Special Revenue Fund $105,294
Capital Project Funds -
Wastewater Enterprise Fund $768,653
Stormwater Enterprise Fund $47,252
Ordinance No. 15-2017 was approved on October 17, 2017. The Notice of Public Hearing was
advertised in Florida Today on November 2,2017.
Submitting Department Director: John DeLeo Date:11/9/17
Attachment: Ordinance No. 15-2017 with Exhibit"A" and #2 - Budget Adjustment Detail.
Financial Impact: No additional financial impact is experienced through the formal adoption
of the Budget Adjustments & Amendments. However,the financial impact of each Adjustment
or Amendment is recorded at the face value of the Amendment.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/8/17
The City Manager recommends that City Council ake the following action:
Adopt Ordinance No. 15-2017, second reading.
Approved by City Manager: David L. Greene Date: 11/9/17
ORDINANCE NO. 15-2017 Attachment#1
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREYARD
COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL
GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND,
CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE
CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2016,AND ENDING SEPTEMBER 30,2017;PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS AND AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency
Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached
hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal
year beginning October 1,2016, and ending September 30,2017, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
, 2017.
Bob Hoog,Mayor
ATTEST: FOR AGAINST
Mike Brown
Mia Goforth, City Clerk Bob Hoog
Brendan McMillin
Rocky Randels
Approved as to Form:
Betty Walsh
Anthony A. Garganese, City Attorney
First Reading: 10/17/2017
Legal Ad Published:11/2/17
Second Reading: 11/21/17
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
GENERAL FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 4,056,000 $ - $(4,056,000)
Cash Forward-Trans Impact Fees - - - -
Cash Forward-R&R 170,400 - (170,400) -
Ad Valorem Taxes 3,491,261 - (9,139) 3,482,122
Local Option Gas Tax 332,243 - (19,365) 312,878
Franchise Fees 800,620 - (106,902) 693,718
Utility Taxes 1,175,942 - (176,680) 999,262
Communications Service Tax 416,088 - (71,670) 344,418
Permits&Licenses 220,000 - 146,568 366,568
Impact Fees 1,400 - 21,137 22,537
Long Point Road Estuary Rehab 139,000
State Grants 50,000 - (45,000) 5,000
State Shared Revenue 865,574 - (23,604) 841,970
Local Shared Revenue 128,000 - - 128,000
Charges for Services 30,165 - (757) 29,408
Garbage&Recycling Revenue 1,067,292 - (94,047) 973,245
Recreation Fees 78,285 - (19,546) 58,739
Fines&Forfeitures 73,400 - (61,005) 12,395
Interest Income 66,260 - 5,276 71,536
Fire Hydrant Rental Fee 67,012 - (2,749) 64,263
Miscellaneous Revenue 131,080 - (20,446) 110,634
Transfer from School Guard Crossing Fund 2,385 - - 2,385
Transfer from CC Redevelopment Fund 83,357 - - 83,357
Contribution from Wastewater Fund 784,364 - 0 784,364
Contribution from Stormwater Fund 19,566 - - 19,566
Other Sources Loan Proceeds 6,200,000 6,200,000
TOTAL REVENUES $ 14,249,694 $ - $ (4,704,328) $ 15,606,366
EXPENDITURE
Legislative $ 34,584 $ - $ (6,062) $ 28,522
Administrative Services 414,615 - $ 32,412 447,027
Community Development 197,958 $ (1,773) 196,185
Protective Services 2,649,212 $ (1,608) 2,647,604
Fire/Rescue Services 1,979,598 $ 12,759 1,992,357
Building&Code Enforcement 384,974 $ (26,457) 358,517
Infrastructure Maintenance 977,043 $ (261,004) 716,039
Economic Development 143,370 $ (11,230) 132,140
Leisure Services 568,183 $ (22,983) 545,200
Community Engagement 107,689 $ (34,208) 73,481
Legal Services 214,750 60,000 $ (2,918) 211,832
Solid Waste 1,067,020 - $ (83,282) 983,738
Debt Service 604,968 - $ 0 604,968
Non-Departmental 4,905,730 - $ (2,908,908) 1,996,822
Transfer to Community Redevelopment Agency - - $ - -
Transfer to Capital Construction Fund -
Transfer to Wastewater Enterprise Fund - - -
Transfer to N Atlantic Ave Improvement Fund - - -
Contingency (60,000) (1,389,066) 4,671,934
TOTAL EXPENDITURES $ 14,249,694 $ - $ (4,704,328) $ 15,606,366
Excess of Revenues Over/(Under)Expenditures $ -
Page 1 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
POLICE EDUCATION FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income $ 864 $ - $ 37 $ 901
Interest Income 180 - $ (6) 174
TOTAL REVENUES $ 1,044 $ - $ 30 $ 1,074
EXPENDITURE
Education&Training $ - $ - $ - $ -
Contingency 1,044 - 30 1,074
TOTAL EXPENDITURES $ 1,044 $ - $ 30 $ 1,074
Excess of Revenues Over/(Under)Expenditures $ -
FIRE PROTECTION FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R $ - $ - $ -
Interest Income 132 (34) 98
Impact Fees - - - -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 132 $ - $ (34) $ 98
EXPENDITURE
Transfer to GF $ - $ -
Contingency 132 - (34) 98
TOTAL EXPENDITURES $ 132 $ - $ (34) $ 98
Excess of Revenues Over/(Under)Expenditures $ -
SCHOOL CROSSING GUARD FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 824 $ - $ - $ 824
Parking Fine Surcharge 1,500 - $ (577) 923
Interest Income 61 - $ (43) 18
TOTAL REVENUES $ 2,385 $ - $ (620) $ 1,765
EXPENDITURE
Transfer to General Fund $ 2,385 $ - $ - $ 2,385
Contingency - - (620) (620)
TOTAL EXPENDITURES $ 2,385 $ - $ (620) $ 1,765
Excess of Revenues Over/(Under)Expenditures $ -
Page 2 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
LIBRARY FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 500 $ (500)
Ad Valorem Taxes $ 63,991 $ - $ (1,204) $ 62,787
Ad Valorem Tax Delinquent 50 - $ 1,014 1,064
Tax Penalty Income 60 - $ (9) 51
Interest Income 4,800 - $ (797) 4,003
Interest-Library Impact Fees - - $ - -
Interest-Tax Collections 35 - $ 145 180
Net Increase(decrease)in FMV - - $ - -
Impact Fees-Library 1,000 - $ 2,441 3,441
Transfer from Capital Construction Fund - - $ - -
TOTAL REVENUES $ 70,436 $ - $ 1,590 $ 71,526
EXPENDITURE
Operating Expenses $ 34,330 $ - $ (6,212) $ 28,118
Capital Purchases 36,000 - $ (6,053) 29,947
Contingency 106 - $ 13,355 13,461
TOTAL EXPENDITURES $ 70,436 $ - $ 1,590 $ 71,526
Excess of Revenues Over/(Under)Expenditures $ -
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ - $ - $ -
State Grant DEO $ 39,500 $ 39,500
Shared Revenue from Cape Canaveral 210,305 - $ - 210,305
Shared Revenue from Brevard County 265,198 - $ - 265,198
Interest Income - - $ -
Net Increase(decrease)in FMV - - $ - -
Transfer from General Fund - $ 60,000 60,000
TOTAL REVENUES $ 475,503 $ - $ 99,500 $ 575,003
EXPENDITURE
Operating Expenses $ 54,822 $ - $ (5,590) $ 49,232
Capital Purchases 285,000 $ 13,820 298,820
Debt Service 135,681 - $ - 135,681
Transfer to N.Atlantic Ave.Imp.Fund - - $ - -
Contingency - $ 91,271 91,271
TOTAL EXPENDITURES $ 475,503 $ - $ 99,500 $ 575,003
Excess of Revenues Over/(Under)Expenditures $ -
Page 3 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
LAW ENFORCEMENT TRUST FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,300 $ - $ - $ 1,300
Interest-State 72 - $ (27) $ 45
Contraband Income 1,000 - $ - $ 1,000
Net Increase(decrease)in FMV - - $ - -
TOTAL REVENUES $ 2,372 $ - $ (27) $ 2,345
EXPENDITURE
School Resource Officer $ 2,372 $ - $ - $ 2,372
Contingency - - (27)
TOTAL EXPENDITURES $ 2,372 $ - $ (27) $ 2,345
Excess of Revenues Over/(Under)Expenditures $ -
Page 4 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
CAPITAL CONSTRUCTION FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward-General Government $ -
Cash Forward-Fire/Rescue - - - -
Cash Forward-Protective Services - - - -
Cash Forward-Leisure Services - - - -
Cash Forward-Library - - - -
Interest-General Government - - - -
Interest-Fire/Rescue - - - -
Net Increase(decrease)in FMV - - - -
Transfer from General Fund 3,800,000 (2,650,000) 1,150,000
Cap.Expansion Fees-General Government - - - -
Cap.Expansion Fees-Fire/Rescue - - - -
TOTAL REVENUES $ 3,800,000 $ - $ (2,650,000) $ 1,150,000
EXPENDITURE
Capital-General Government $ 3,800,000 $ - $ (631,922) $ 3,168,078
Capital-Fire/Rescue - - - -
Transfer to General Fund - - - -
Transfer to Library Fund - - - -
Contingency-General Government - (2,018,078) (2,018,078)
Contingency-Fire/Rescue - -
TOTAL EXPENDITURES $ 3,800,000 $ - $ (2,650,000) $ 1,150,000
Excess of Revenues Over/(Under)Expenditures $ -
N. ATLANTIC AVE. IMPROVEMENT FUND •
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ -
FDOT/Unobligated Reserves 400,000 - 379,917 779,917
Interest-TIFT Funds 6,000 -
Net Increase(decrease)in FMV - - - -
Transfer from GF-TIFT&SPIA - -
Transfer from CC Redevelopmnt Agency - - - -
TOTAL REVENUES $ 406,000 $ - $ 379,917 5 779,917
EXPENDITURE
Capital Purchases $ 400,000 $ - $ 379,917 $ 779,917
Contingency 6,000 - - -
Capital/Wayfinding/Artwork - - - -
TOTAL EXPENDITURES $ 406,000 $ - $ 379,917 $ 779,917
Excess of Revenues Over/(Under)Expenditures $ -
Page 5 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
WASTEWATER ENTERPRISE FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 100,000 $ (100,000)
St.John's RWMD Grant -
Utility Operating Income 3,759,289 - (285,012) 3,474,277
Utility Penalty Income 61,800 - (14,747) 47,053
Impact Fees - - 37,808 37,808
Reuse Hook-Up Fees 2,925 - (1,665) 1,260
Reclaimed Water Revenue 80,925 - (7,832) 73,093
Investment Income 7,200 - 3,388 10,588
Sale of Fixed Assets 15,000 - (15,000)
Miscellaneous Income - - 5,401 5,401
Transfer from CC CRA Fund 52,323 - (52,323)
SRF Loan Proceeds 3,250,000 - (2,181,864) 1,068,136
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 7,329,462 $ - $ (2,611,845) $ 4,717,616
EXPENDITURE
Personal Services $ 1,162,154 $ - $ 5,339 $ 1,167,493
Operating Expenses 1,070,886 10,970 $ (206,824) 864,062
Debt Service - $ - -
Contribution to General Fund 784,364 - $ 0 784,364
Transfer to Enterprise Capital Fund 4,294,100 56,000 $ (3,161,054) 1,133,046
Contingency 17,958 (66,970) $ 750,695 768,653
TOTAL EXPENSES $ 7,329,462 $ - $ (2,611,845) $ 4,717,616
Excess of Revenues Over/(Under)Expenses $ -
Page 6 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2017
FY 2016-2017
STORMWATER ENTERPRISE FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 450,000 $ - $ 134,670 $ 371,703
DEP Grant 1,187,262 - (589,262) 465,038
Stormwater Utility Fees 623,076 - 508 581,918
Investment Income 6,000 - 335 6,693
Sale of Fixed Asset - - 97
SRF Loan Proceeds - - (504,238) -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 2,266,338 $ - $ (957,890) $ 1,425,352
EXPENDITURE
Personal Services $ 201,802 $ - $ 31,045 $ 200,952
Operating Expenses 303,448 - (84,784) 192,318
Contribution to General Fund 19,566 - - 19,566
Transfer to Enterprise Capital Fund 1,699,000 - (859,000) 965,263
Contingency 42,522 - (45,151) 47,252
TOTAL EXPENSES $ 2,266,338 $ - $ (957,890) $ 1,425,352
Excess of Revenues Over/(Under)Expenses $ -
ENTERPRISE CAPITAL FUND
FY 2017 FY 2017 FY 2017 FY 2017
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Transfer from Wastewater Fund $ 4,294,100 $ 56,000 $ (3,161,054) $ 1,133,046
Transfer from Stormwater Fund 1,699,000 - $ 237,387 1,936,387
SRF Loan Proceeds - - - -
Enterprise Capital Contingency (56,000)
TOTAL REVENUES $ 5,993,100 $ - $ (2,923,667) $ 3,069,433
EXPENDITURE
Capital-Wastewater $ 4,294,100 $ 80,998 $ (2,425,042) $ 1,869,058
Capital-Stormwater 1,699,000 139,000 $ (498,624) 1,200,376
Contingency-Wastewater - (80,998)
Contingency-Stormwater - (139,000)
TOTAL EXPENSES $ 5,993,100 $ - $ (2,923,667) $ 3,069,433
Excess of Revenues Over/(Under)Expenses $ -
Page 7 of 7
General Ledger Attachment#2
Budget Adjustment Summary
City of Cape Canaveral
Account Number Beginning Budget Amount Current Budget
001-013-514-310000 Legal Services 148,750.00 60,000.00 208,750.00
001-017-901-990000 Contingency 165,809.00 -60,000.00 105,809.00
401-010-535-310000 Legal Services 15,000.00 10,970.00 25,970.00
401-010-535-910405 Transfer to Enterprise Capital 4,238,100.00 56,000.00 4,294,100.00
401-010-535-990000 Contingency 84,928.00 -66,970.00 17,958.00
405-000-381-381401 Transfer from Wastewater Fund 4,238,100.00 56,000.00 4,294,100.00
405-010-535-631003 Intermed.Pump Sation By-Pass 0.00 24,998.00 24,998.00
405-010-535-642014 WWTP Generator Replacement 120,000.00 56,000.00 176,000.00
405-010-535-642015 SCADA System 130,000.00 -24,998.00 105,002.00
405-018-538-632002 Shoreline Restoration 25,000.00 139,000.00 164,000.00
405-018-538-632004 Carver Cove Swale-SW 164,000.00 -139,000.00 25,000.00
[city of cape canaveral seal]
CITY OF
CAPE CANAVERAL
OATH OF OFFICE
I, Wes Morrison, do solemnly swear that I will support, protect, and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape Canaveral,
Florida; and that I am entitled to hold office in the City of Cape Canaveral,
Florida; and that I will faithfully perform all of the duties of the Office of
City Council of the City of Cape Canaveral. So help me God.
WES MORRISON
ATTEST:
Mia Goforth, CMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 21st day of November 2017
[city of cape canaveral seal]
CITYOF
CAPE CANAVERAL
OATH OF OFFICE
I, Angela Raymond, do solemnly swear that I will support, protect, and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape Canaveral,
Florida; and that I am entitled to hold office in the City of Cape Canaveral,
Florida; and that I will faithfully perform all of the duties of the Office of
City Council of the City of Cape Canaveral. So help me God.
ANGELA RAYMOND
ATTEST:
Mia Goforth, CMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 21st day of November 2017
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/21/2017
Item No. 3
Subject: Approve the Proposed 2018 City Council Regular and Tentative Budget Meeting
Schedule.
Department: City Clerk's Office
Summary: A yearly Meeting Schedule (Attachment 1) assists everyone in planning activities
necessary to complete the City's business. Although we are not able to identify the exact day
for the Budget Hearings, the Schedule includes tentative Budget Meetings providing Council
Members with as much notice as possible.
The Schedule was created using current practices. It takes into consideration holidays and other
notable events such as Community Redevelopment Agency (CRA) Board Meetings, National
Night Out, and Elections (Attachment 2).
One change not noted is, upon completion of the new City Hall,meetings held by City Council
and all Advisory Boards will be conducted in the new City Hall Council Chambers, 100 Polk
Avenue.
Submitting Department Director: Mia Goforth Date: 11/2/17
Attachments:
(1) Proposed 2018 Meeting Schedule
(2) 2018 Holidays and Other Notable Dates
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/30/17
The City Manager recommends that City Council to take the following action:
Approve the Proposed 2018 Meeting Schedule.
Approved by City Manager: David L. Greene Date: 11/1/17
Attachment 1
City of Cape Canaveral
2018 City Council Regular Meeting Schedule
and Tentative Budget Meeting Schedule
Agenda Cut-off at 4:30PM Agenda &Packet Due by Council Meeting
Wednesday unless noted Close of Business 6:00PM unless noted
1/2/2018—Date Reserved*
1/3/2018 1/9/2018 1/16/2018
2/6/2018—Date Reserved*
2/7/2018 2/13/2018 2/20/2018
3/6/2018—Date Reserved*
3/7/2018 3/13/2018 3/20/2018
CRA Meeting 5:30 PM if needed
4/3/2018—Date Reserved*
4/4/2018 4/10/2018 4/17/2018
5/1/2018 Date Reserved*
5/2/2018 5/8/2018 5/15/2018
6/5/2018—Date Reserved*
6/6/2018 6/12/2018 6/19/2018
CRA Meeting 5:30 PM if needed
7/3/2018—Date Reserved*
7/3/2018 7/10/2018 7/17/2018
(Tuesday) Budget Workshop 5:00 PM
8/7/2018—Date Reserved*
8/8/2018 8/14/2018 8/21/2018
Budget Workshop 5:00 PM if needed
9/4/2018—Date Reserved*
Week of Sept 4th - 7th—First Budget Hearing exact day/time TBD (9/3 is Labor Day)
Note: Provided the dates Brevard County Commission and School Board meet do not conflict.Florida Law does not
allow the City to hold meetings on the same day.
9/5/2018 9/11/2018 9/18/2018
CRA Meeting 5:30 PM
Week of Sept 17th—21'— Second Budget Hearing exact day/time TBD
Note: Provided the dates Brevard County Commission and School Board meet do not conflict.Florida Law does not
allow the City to hold meetings on the same day.
10/2/2018 —Date Reserved*
10/3/2018 10/9/2018 10/16/2018
11/8/2018 —Date Reserved*
(Thursday)
11/7/2018 11/13/2018 11/20/2018
CRA Meeting 5:30 PM if needed
12/4/2018 —Date Reserved*
12/5/2018 12/11/2018 12/18/2018
*These dates are reserved if a meeting is necessary.Agendas will be published 1 week before the meeting.
Approved by Council:
Attachment 2
City of Cape Canaveral
2018 Holidays and Other Notable Dates
01/01/2018 New Year's Day City offices closed
01/15/2018 Martin Luther King Day City offices closed
02/19/2018 Presidents Day City offices closed
03/11/2018 Begin Day Light Savings Set clocks forward one
hour & change smoke
detector batteries
04/25/2018 Administrative Professional's Day
05/28/2018 Memorial Day City offices closed
07/04/2018 Independence Day City offices closed
08/10/2018 Begin Municipal Election Qualifying Noon, at City Hall
08/24/2018 End Municipal Election Qualifying Noon, at City Hall
09/03/2018 Labor Day City offices closed
10/02/2018 National Night Out (BCSO) (tentative) Canaveral City Park
(tentative)
10/16/2017 Boss's Day
11/04/2018 End Daylight Savings Set clocks back one
hour & change smoke
detector batteries
11/06/2018 General Election Day
11/12/2018 Veterans Day (observed) City offices closed
11/22/2018 Thanksgiving Day City offices closed
11/23/2018 Day after Thanksgiving City offices closed
12/24/2018 Christmas Eve City offices closed
12/25/2018 Christmas Day City offices closed
City of Cape Canaveral
[city of cape canaveral seal] City Council Agenda Form
City Council Meeting Date: 11/21/2017
Item No. 4
Subject: Appoint a Council Member as the Voting Delegate to the Space Coast Transportation
Planning Organization (TPO) Governing Board, representing the North Beaches Coalition
(NBC) of Cape Canaveral and Cocoa Beach; reappoint Economic Development Director Todd
Morley as Technical Advisory Committee(TAC) Member; and reappoint Planning and Zoning
Board Chair John Price as Citizens' Advisory Committee (CAC) Member to the Space Coast
Transportation Planning Organization (SCTPO).
Department: City Clerk's Office
Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan
planning organization established under Sec. 339.175, Florida Statutes, to coordinate
transportation planning and finance throughout Brevard County. On February 19, 2013, the
Cities of Cape Canaveral and Cocoa Beach extended an Interlocal Agreement,through the year
2022, with SCTPO. The Agreement allows each agency to continue sharing a delegate seat on
the SCTPO Board as the North Beaches Coalition (NBC) in two-year terms.
Currently, Cocoa Beach Commissioner Skip Williams serves as the NBC Voting Delegate. The
Alternate is Cape Canaveral Mayor Pro Tem Brendan McMillin. For 2018, it is Cape
Canaveral's turn to choose the Voting Delegate and Cocoa Beach's turn to choose the Alternate.
The City's 2017 representatives on the SCTPO TAC and CAC are Economic Development
Director Todd Morley and Planning and Zoning Board Chair John Price,respectively.Both have
expressed interest in continuing to serve as members of their respective SCTPO Committees.
It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Voting
Delegate, a City employee as a TAC Member and a City resident as a CAC Member.
Submitting Department Director: Mia Goforth Date: 11/6/17
Attachment: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/6/17
City Manager recommends that City Council take the following action: Appoint a
Council Member as the Voting Delegate to the Space Coast Transportation Planning
Organization(TPO)Governing Board,representing the North Beaches Coalition(NBC)of Cape
Canaveral and Cocoa Beach; reappoint Economic Development Director Todd Morley as
Technical Advisory Committee (TAC) Member; and reappoint Planning and Zoning Board
Chair John Price as Citizens' Advisory Committee (CAC) Member to the Space Coast
Transportation Planning Organization (SCTPO).
Approved by City Manager: David L. Greene Date: 11/6/17
City of Cape Canaveral
[city of cape canaveral seal] City Council Agenda Form
City Council Meeting Date: 11/21/2017
Item No. 5
Subject: Review and make a preliminary determination regarding residential projects, listed in
the written catalog, to have their residential density considered by City Council via Resolution
at an advertised public hearing, for vesting pursuant to Ordinances No. 05-2017 & 06-2017.
Department: Community Development
Summary: The City Comprehensive Plan and Zoning Code establishes a maximum residential
density standard for each of the City's residential zoning districts. Currently, the maximum
density allowed in the City for residential development is 15 units per acre. However, many
condominium and townhouse projects have nonconforming densities in excess of fifteen (15)
units per acre.
Prior to the adoption of City Ordinances No. 05-2017 and No. 06-2017 (see attached), these
nonconforming projects could not be reconstructed in the event they were destroyed. However,
in order to protect the interests of private property owners that have purchased a condominium
or townhome unit from loss of their respective investment in the unit,the City Council adopted
Ordinance No. 05-2017 and No. 06-2017 to make these units eligible for a vested rights
certificate issued by the City.As Ordinance No.05-2017 constituted an amendment to the City's
Comprehensive Plan, it was forwarded, reviewed and approved by the Florida Department of
Economic Opportunity(see attached 9/15/17 approval letter).
In accordance with Ordinance No. 06-2017, the City Manager and Staff are required to submit
a written catalog of all existing residential condominium or townhouse projects located within
the City that have a residential density greater than the maximum density of fifteen (15) units
per acre allowed under the Comprehensive Plan. The City Council is required to review the
written catalog and issue a preliminary determination as to which residential projects listed in
the catalog should have their residential density finally considered by the City Council, at an
advertised public hearing, for vesting pursuant to Ordinance No. 06-2017.
Upon issuing the preliminary determination, the City Attorney shall prepare a resolution
proposing to vest the residential density of the residential projects which were preliminarily
determined by the City Council to warrant vesting under Ordinance No. 06-2017, and the
resolution will be publicly noticed for a public hearing to occur at the City Council's next
meeting. A final decision on whether to vest the residential density of the residential projects
will occur at the next Council meeting.
The written catalog presented to the City Council documents approximately thirty-five (35)
properties that exceed the maximum fifteen(15)dwelling units to varying degrees. Specifically,
the Catalog for each project contains the following information:
1. The name of the project;
2. The street address of the project;
3. A current photograph of the project inclusive of all existing buildings;
4. The legal description for the property/parcel;
5. The number of acres of the project/parcel;
6. The number of residential condominium or townhouse units and each unit number;
City Council Meeting
Date: 11/21/2017
Item No. 5
Page 2
7. The density of the project stated in units per acre;
8. The name and address of the condominium or homeowners' association including the
contact person and/or management company;
9. The name and address of each unit owner of the project;
10. A statement providing the factual basis upon which the City Manager believes that the
project's residential density should be vested pursuant to this article;
11. Any supporting information, including development orders and permits, contracts,
letters, appraisals, reports, or any other documents, items or things upon which the City
Manager believes is necessary to demonstrate that a residential project should be vested
pursuant to this article, if necessary; and
12. Any other information reasonably required by the City Council
The following residential condominium and townhome projects are contained in the catalog:
Project Address Acreage Units Density
Atlantic Gardens Condo 8401 N. Atlantic Ave. 7.46 160 21.45
Barbizon Condo 215 Circle Dr. 0.902 30 33.26
Beach Club Condo 211 Circle Dr. 0.85 30 35.29
Bermuda House Condo (Ph 1 &2) 233 Circle Dr. 0.6 10 16.67
Canaveral Breakers Annex Apts. 8522 N. Atlantic Ave. 1.3 42 32.31
Canaveral Breakers Condo 8521 Canaveral Blvd. 0.88 30 34.09
Canaveral Circle Condo 8416 Canaveral Blvd. 0.39 6 15.38
Canaveral Towers 7520 Ridgewood Ave. 4.72 89 18.86
Casa Canaveral Condo 300 Monroe Ave. 0.573 24 41.88
Casa Serena Condo Ph 1 8531 Canaveral Blvd. 0.49 8 16.33
Coral Palms Condo 353 Polk Ave. 0.286 8 27.97
Ebb Tide Condo Apts. 299 Central Blvd. 0.6 16 26.67
Golden Gate Manor Condo 202 Caroline St. 0.344 22 63.95
Jeanie by the Sea Condo 404 Tyler Ave. 0.286 20 69.93
Jeanie II by the Sea Condo 406 Tyler Ave. 0.286 20 69.93
City Council Meeting
Date: 11/21/2017
Item No. 5
Page 3
Jefferson Arms Condo 610 Jefferson Ave. 0.45 14 31.11
Johnson Arms Condo 420 Johnson Ave. 0.42 8 19.05
Lamp Post Apts. Condo 7515 Ridgewood Ave. 0.71 22 30.99
Majestic Bay Condo 0.97 15 15.46
Manatee Condo 204 Adams Ave. 0.286 12 41.96
Morgan Manor Condo 7801 Ridgewood Ave. 1.04 35 33.65
Ocean Mist Condo 302 Lincoln Ave. 0.41 14 34.15
Ocean Park Condo North 375 Polk Ave. 1.72 66 38.37
Ocean Park Condo South 351 Taylor Ave. 1.76 68 38.64
Pearl of the Sea Condo 7165 Ridgewood Ave. .45 16 35.56
Ridgewood Condo of Cape 7605 Ridgewood Ave. 1.06 37 34.91
Canaveral
Sand Fires Condo 405 Adams Ave. 0.286 12 41.96
Sand Pebbles Condo 504 Fillmore Ave. 1.48 30 20.27
Sand Reef Condo 6915 Ridgewood Ave. 0.87 22 25.29
Sea Era Sands Condo 555 Harrison Ave. 1.44 24 16.67
Starbeach Condo 401 Monroe Ave. 2.07 68 32.85
Sunrise Condo Apts. 7676 Magnolia Ave. 0.28 7 25.00
The Cedars Apts. Condo 7101 Ridgewood Ave. 0.61 15 24.59
The Plaza Condo 223 Columbia Dr. 2.94 129 43.88
Treasure Island Club Condo 300 Columbia Dr. 6.462 114 17.64
Ph 1 1.772 38
Ph II 2.5 38
Ph III 2.19 38
City Council Meeting
Date: 11/21/2017
Item No. 5
Page 4
Victorian Apts. of Cape Canaveral 220 Columbia Dr. 0.679 32 47.13
Condo
Staff has reviewed and gathered applicable information available in the public records related
to aforesaid properties. Further, in most cases, Staff was able to acquire and review relevant
provisions of the condominium documents for the properties. Based on this information, Staff
has prepared a written catalog identifying properties consistent with the eligibility criteria in
Ordinance No. 05-2017 and No. 06-2017. Due to the size and scope of the written catalog, only
one copy exists,available for viewing in the Community Development Director's office at City
Hall.
It is Staff's opinion that the information contained in the written catalog provides a factual basis
upon which the Projects itemized in the written catalog have residential densities in excess of
fifteen (15) dwelling units per acre and should be vested pursuant to Ordinances No. 05-2017
and No. 06-2017.
Submitting Department Director: David Dickey Date: 11/14/17
Attachments:
1 —Ordinances No. 05 and 06-2017
2—Department of Economic Opportunity Approval Letter—9/15/17
Financial Impact: Cost of advertisement, Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/14/17
The City Manager recommends that City Council tak the following action:
Review and make a preliminary determination regarding sidential projects listed in the written
catalog, to have their residential density considered by City Council, via Resolution at an
advertised public hearing, for vesting pursuant to Ordinances No. 05-2017 & 06-2017.
Approved by City Manager: David L. Greene Date: 11/14/17
Attachment 1
ORDINANCE NO. 05-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE CITY OF CAPE CANAVERAL
COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
BY ESTABLISHING A POLICY TO AUTHORIZE THE
CITY COUNCIL TO ISSUE VESTED RIGHTS
CERTIFICATES VESTING RESIDENTIAL DENSITIES
FOR CERTAIN EXISTING CONDOMINIUM,
TOWNHOUSE, OR OTHER MULTI-FAMILY
DEVELOPMENT PROJECTS THAT EXCEED THE
CURRENT MAXIMUM RESIDENTIAL DENSITIES
ESTABLISHED IN THE COMPREHENSIVE PLAN IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
OF LAND DEVELOPMENT REGULATIONS TO BE
SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL
CONSISTENT WITH THIS ORDINANCE; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AN EFFECTIVE DATE AND LEGAL STATUS OF THE
PLAN AMENDMENTS.
WHEREAS,section 163.3161 et. seq.,Florida Statutes(2011)established the Community
Planning Act,which was formerly known as the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Community Planning Act requires each municipality in the State of
Florida to prepare, adopt and update a Comprehensive Plan; and
WHEREAS, Future Land Use Policy LU-1.3.3 of the Comprehensive Plan of the City of
Cape Canaveral currently provides that the maximum residential densities in the R-2 and R-3 land
use categories shall be 15 units/acre; and
WHEREAS, there are currently numerous lawfully approved condominium, townhouse
and other residential multi-family development projects within the City of Cape Canaveral that
have residential densities that exceed the current maximum allowed residential density of 15
units/acre in the R-2 and R-3 land use categories, which residential development projects were
built before the adoption of the City's Comprehensive Plan or before the adoption of the 15
unit/acre maximum density requirement; and
WHEREAS, under the current Comprehensive Plan, if these noncompliant but lawfully
approved condominium, townhouse and other residential multi-family development projects were
destroyed by storm, fire or other calamity, the project property would have to likely be developed
with a lower number of units in accordance with the current maximum permitted residential
City of Cape Canaveral
Ordinance No.05-2017
Page 1 of 5
density of 15 units/acre set forth in the City's Comprehensive Plan, and that in the case of
condominiums and townhouses,the ownership of a certain number of units could be eliminated or
adversely affected; and
WHEREAS, the City Council hereby finds that under certain terms and conditions,
providing certainty and predictability in the use and conveyance of land and interests therein, and
protecting private property rights of lawfully completed condominium, townhouse and other
residential multi-family development projects serves a legitimate government interest and is in the
best interests of property owners; and
WHEREAS, the City Council also finds that it is an important government interest to
protect the interests of private property owners that have purchased a condominium or townhome
unit from loss of their respective investment in the unit solely because the unit could not be
reconstructed to the residential density that was lawfully approved by the City or County on the
legal basis that the lawfully approved residential density is not consistent with the City's current
Comprehensive Plan; and
WHEREAS, to the extent any affected condominium, townhouse or other residential
multi-family development project is within the Coastal High Hazard Area, the City's current
evacuation times will not be adversely affected by adoption of this ordinance since no new
development with increased density is authorized hereby; and
WHEREAS,the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing on March 22, 2017 in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and
advice of staff, citizens and all interested parties submitting written and oral comments and has
recommended adoption to the City Council; and
WHEREAS, the Local Planning Agency recommended the City Council transmit the
subject comprehensive plan text amendment to the Florida Department of Economic Opportunity
for its review and comment; and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of
the public health, safety and welfare of the citizens of Cape Canaveral, Florida; and
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Community Planning Act, Sections 163.3161 et. seq., Florida Statutes.
City of Cape Canaveral
Ordinance No.05-2017
Page 2 of 5
Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt
comprehensive plan text amendments amending the text of the Future Land Use Element of the
City of Cape Canaveral Comprehensive Plan.
Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the
City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral
Comprehensive Plan, Future Land Use Element, Objective LU-1.3 (underlined type indicates text
being added to the Comprehensive Plan and stFikeeut type indicates text being deleted from the
Comprehensive Plan):
OBJECTIVE LU-1.3:
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and
compatibility of land uses within Cape Canaveral and the degree to which the following Policies
are implemented.
POLICY LU-1.3.1:
The City shall enforce its various ordinances which regulate the land use categories included in
the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage
(Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management
Ordinance and Federal Flood Insurance Program Regulations).
POLICY LU-1.3.2:
The City shall require new development to be compatible with adjacent land uses.
POLICY LU-1.3.3:
The City shall enforce its requirements pertaining to densities and intensities of land use in each
land-use category--i.e.
*R-1, Low Density Residential: maximum 5.808 lots/acre.
*R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre.
*R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-1, Light Industrial: maximum 4.356 lots/acre.
*C-1, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
*C-2, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
PUB, Public and Recreation Facilities
CON, Conservation
POLICY LU-1.3.4:
A. For purposes of providing certainty and predictability in the use and conveyance
of land and interests therein, and protecting private property rights, of completed residential
condominium, townhouse projects and other multi-family development projects existing on
City of Cape Canaveral
Ordinance No.05-2017
Page 3 of 5
January 1, 2016,the City Council shall be authorized to issue a vested rights certificate vesting the
residential density of a particular existing project in accordance with the requirements and
conditions established by the City Council within the City's land development regulations.
B. If a vested rights certificate is granted by the City Council pursuant to this policy.,
the residential density of the project shall be deemed vested and in compliance with the
Comprehensive Plan even if such density exceeds the maximum densities set forth in POLICY
LU-1.3.3.
C. A vested rights certificate issued pursuant to this policy shall only be construed to
vest the existing project and residential density stated in the certificate and shall not be construed
as vesting the subject project regarding any other provision of the City's Comprehensive Plan,land
development regulations, or Code which the project would otherwise appear to be inconsistent.
D. Vested rights certificates issued pursuant to this policy shall be issued in writing
and shall be executed by the Mayor upon approval by the City Council. The Mayor's signature
shall be attested to by the City Clerk, who shall also emboss the certificate with the City Seal.
E. Vested rights certificates approved and executed in accordance with this policy
shall be recorded by the City Clerk in the Official Public Records of Brevard County, Florida.
Upon being recorded, the recorded vested rights certificate may be relied upon by the current and
future owner(s) and mortgage holders of the subject property.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing. Grammatical,typographical and like errors may be corrected and additions, alterations
and omissions, not affecting the construction or meaning of this Ordinance and the City
Comprehensive Plan may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one(31)days after
the state land planning agency notifies the City that the plan amendment package is complete
pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged,
the plan amendment shall not become effective until the state land planning agency or the
City of Cape Canaveral
Ordinance No.05-2017
Page 4 of 5
Administration Commission enters a final order determining the adopted amendment to be in
compliance. No development orders, development permits or land use dependent on this plan
amendment may be issued or commenced before it has become effective. After and from the
effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall
amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the
plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as
amended.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 20th day of
June, 2017.
Bob Hoog,Mayor
ATTEST: [shaded seal] For Against
Mia Goforth, CMC, Mike Brown x
City Clerk
Robert Hoog x
Brendan McMillin Second
Rocky Randels Motion
Betty Walsh x
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
1st Advertisement: March 9,2017
1st Reading/Transmittal: April 18, 2017
2nd Advertisement: June 8,2017
2nd Reading/Adoption: June 20, 2017
City of Cape Canaveral
Ordinance No.05-2017
Page 5 of 5
ORDINANCE NO. 06-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTED
TO IMPLEMENT CITY COMPREHENSIVE PLAN FUTURE
LAND USE POLICY LU-1.3.4; PROVIDING FOR AN
AMENDMENT TO CHAPTER 115 OF THE CITY CODE TO
ESTABLISH A PROCEDURE AND TERMS AND CONDITIONS
UNDER WHICH THE CITY COUNCIL WILL DETERMINE
WHETHER TO GRANT AND ISSUE A VESTED RIGHTS
CERTIFICATE VESTING THE RESIDENTIAL DENSITIES OF A
COMPLETED RESIDENTIAL CONDOMINIUM, TOWNHOUSE
OR OTHER MULTI-FAMILY/APARTMENT DEVELOPMENT
PROJECTS EXISTING ON JANUARY 1, 2016; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City of Cape Canaveral is granted the authority,under Section 2(b),Article
VIII,of the State Constitution,to exercise any power for municipal purposes,except when expressly
prohibited by law; and
WHEREAS,pursuant to City of Cape Canaveral Ordinance No. 05-2017, the City Council
adopted the City's Comprehensive Plan,Future Land Use Element,POLICY LU-1.3.4, for purposes
of providing certainty and predictability in the use and conveyance of land and interests therein, and
protecting private property rights, of existing and completed residential condominium and
townhouse projects and other multi-family/apartment development projects on January 1, 2016; and
WHEREAS, POLICY LU-1.3.4 requires the City Council to adopt land development
regulations to implement the Policy; and
WHEREAS, the City Council desires to adopt the land development regulations contained
in this Ordinance for purposes of implementing POLICY LU-1.3.4; and
WHEREAS, the City Council also finds that it is an important government interest to
protect the interests of private property owners that have purchased a condominium or townhome
unit from loss of their respective investment in the unit solely because the unit could not be
reconstructed to the residential density that was lawfully approved by the City or County on the
legal basis that the lawfully approved residential density is not consistent with the City's current
Comprehensive Plan; and
WHEREAS, to the extent any affected condominium, townhouse or other residential
multi-family development project is within the Coastal High Hazard Area, the City's current
evacuation times will not be adversely affected by adoption of this Ordinance since no new
development with increased density is authorized hereby; and
City of Cape Canaveral
Ordinance No. 06-2017
Page 1 of 8
WHEREAS, the City Council recognizes that the planning and preparation of Ordinance
Nos. 05-2017 and 06-2017 commenced by staff on or about January 1, 2016, and that date will be
used as benchmark for determining which preexisting residential condominium, townhouse and
other multi-family development projects are eligible to apply for vesting under this Ordinance; and
WHEREAS, based on information provided by City staff, the City Council hereby finds
that no residential condominium, townhouse and other multi-family development projects were
approved by the City in excess of the maximum 15 dwelling units per acre set forth under Future
Land Use Policy LU-1.3.3 after January 1, 2016, and therefore, it is not necessary for this
Ordinance to address such projects developed after said date; and
WHEREAS,the Planning and Zoning Board has reviewed these proposed amendments at a
duly noticed public hearing held on March 22, 2017, and said Board has recommended approval of
the amendments to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds this Ordinance to
be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW,THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to City Code. Chapter 115 of the City Code is hereby amended to
create a new Article II, Residential Densities, as follows (underlined type indicates additions and
stfikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Chapter 115. It is intended that the text in Chapter 115, denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 115—VESTED RIGHTS
ARTICLE II: RESIDENTIAL DENSITIES
Sec. 115-14. Purpose and Intent.
(a) The city council recognizes that there are a number of residential condominium,townhouse
and other multi-family/apartment development projects existing within the City of Cape Canaveral
on January 1, 2016 that have approved and permitted residential densities greater than the
maximum residential densities authorized by the current comprehensive plan of the city.
(b) This article is adopted pursuant to the City's Comprehensive Plan, Future Land Use
Element, POLICY LU-1.3.4, for purposes of providing certainty and predictability in the use and
City of Cape Canaveral
Ordinance No. 06-2017
Page 2 of 8
conveyance of land and interests therein, and protecting private property rights, of existing and
completed residential condominium and townhouse projects existing on January 1, 2016.
(c) This article shall provide the procedure and terms and conditions under which the city
council will determine whether to grant and issue a vested rights certificate vesting the residential
densities of a completed residential condominium and townhouse projects existing on January 1,
2016.
(d) In addition,this article shall also provide a procedure and terms and conditions under which
the city council may, in certain limited cases authorized herein for redevelopment projects, grant
and issue a vested rights certificate vesting the residential densities of other multi-family/apartment
development projects existing on January 1, 2016.
(e) Any vested rights certificate granted and issued by the city council pursuant to this article
shall vest the residential density of the subject project regarding any other provision of the City's
comprehensive plan, land development regulations or Code which the project would otherwise
appear to be inconsistent.
Sec. 115-15. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Comprehensive Plan shall mean the comprehensive plan for the City of Cape Canaveral, in
accordance with the Community Planning Act (Section 163.3161 et. seq., Florida Statutes), as
such plan may be amended from time to time.
Condominium means that form of ownership of real property created pursuant to chapter 718,
Florida Statutes, which is comprised entirely of units that may be owned by one or more persons,
and in which there is, appurtenant to each unit, an undivided share in common elements.
Existing Residential Condominium or Townhouse Project shall mean a residential condominium
or townhouse project lawfully permitted within the City of Cape Canaveral that is existing on
January 1, 2016.
Density means the number of permitted and allowed dwelling units within an existing development
proiect/parcel, calculated in units per acre.
Other multi-family/apartment development project means a multi-family residential development
consisting of one or more buildings with two or more single-family dwelling units, any of which
are intended for use as a private temporary residence, which are typically rented to a person(s) as
an apartment, not including condominiums or townhouses or units that are intended primarily for
commercial or industrial use.
City of Cape Canaveral
Ordinance No. 06-2017
Page 3 of 8
Residential condominium project means a condominium consisting of two or more dwelling units,
any of which are intended for use as a private temporary or permanent residence, except that a
condominium is not a residential condominium if the use for which the units are intended is
primarily commercial or industrial.
Residential townhouse project means one or more buildings consisting of two or more single-
family dwelling units not exceeding three stories in height which is constructed in a series or group
of attached units with property lines separating such units. Each townhouse shall be considered a
separate building and shall be separated from adjoining townhouses by the use of separate exterior
walls meeting the requirements for zero clearance from property lines as required by the type of
construction and fire protection requirements; or shall be separated by a party wall. Each
townhouse unit shall have a separate unit owner.
Unit owner or owner of a unit means a record owner of legal title to a condominium or townhouse
unit.
Sec. 115-16 Residential Condominium or Townhouse Projects.
(a) No later than one hundred twenty(120) days from the effective date of Ordinance No. 06-
2017, the city manager shall present to the city council a written catalog of existing residential
condominium or townhouse projects located within the City that have a residential density greater
than the maximum density allowed under Comprehensive Plan, Future Land Use Element,
POLICY LU-1.3.3. The catalog shall contain the following information regarding each project:
(1) The name of the project;
(2) The street address of the project;
(3) A current photograph of the project inclusive of all existing buildings;
(4) The legal description for the property/parcel;
(5) The number of acres of the project/parcel;
(6) The number of residential condominium or townhouse units and each unit number;
(7) The density of the project stated in units per acre;
(8) The name and address of the condominium or homeowners' association including the
contact person and/or management company;
(9) The name and address of each unit owner of the project;
(10)A statement providing the factual basis upon which the city manager believes that the
project's residential density should be vested pursuant to this article;
(11)Any supporting information,including development orders and permits,contracts,letters,
appraisals, reports or any other documents, items or things upon which the city manager
believes is necessary to demonstrate that a residential project should be vested pursuant
to this article, if necessary; and
(12) Any other information reasonably required by the city council.
City of Cape Canaveral
Ordinance No.06-2017
Page 4 of 8
(b) Upon review of the catalog presented by the city manager in accordance with subsection
(a), the city council shall issue a preliminary determination as to which residential projects listed
in the catalog should have their residential density finally considered by the city council, at an
advertised public hearing, for vesting pursuant to this article.
(c) Upon issuing the preliminary determination, the city attorney shall prepare a resolution
proposing to vest the residential density of the residential projects which were preliminarily
determined by the city council to warrant vesting under this article. The resolution shall be in a
form approved by the city attorney consistent with the intent and purpose of this article.
(d) The proposed resolution shall be considered for adoption by the city council at a public
hearing. At least ten (10) days prior to the public hearing, the city manager shall publicly notice
the resolution and public hearing in a newspaper of general circulation. The notice shall contain,
at a minimum,the resolution title, a list of residential condominium or townhouse projects that are
subject to the resolution and the date, time and location of the public hearing. In addition, the city
manager shall provide written notice of the resolution and public hearing to the applicable
condominium or homeowners' association.
(e) At the public hearing, the city council shall accept testimony and evidence and consider
the resolution prepared by the city attorney. Upon the conclusion of the public hearing, the city
council shall deliberate and either approve,approve with modifications and/or conditions,or reject
the resolution.
(f) If the city council approves the resolution, the city manager shall have ninety(90) days to
prepare a vested rights certificate for each residential condominium or townhouse project approved
for vesting of residential density under the resolution. The certificate shall be in a form approved
by the city attorney to allow the residential condominium or townhouse project's existing
residential density to be vested and remain at or below the existing residential density for so long
as the subject property remains in a condominium or townhouse form of ownership, as the case
may be, notwithstanding any provision of the city's comprehensive plan or land development
regulations with which the residential density would otherwise appear to be inconsistent. Each
completed certificate shall be executed by the mayor and the mayor's signature shall be attested to
by the city clerk, who shall also emboss the certificate with the City seal.
(g) Vested rights certificates approved and executed in accordance with this article shall be
recorded by the city clerk in the Official Public Records of Brevard County, Florida. Upon being
recorded, the recorded vested rights certificate may be relied upon by the current and future
owner(s) and mortgage holders of the subject property.
th) This section shall not be construed to vest a residential condominium or townhouse project
from any provision of the City's Comprehensive Plan or land development regulations except for the
existing residential density vested by the city council as set forth in the resolution.
Ii) Nothing in this section shall prohibit the unit owner(s) of the residential condominium or
townhouse units to willfully and voluntarily reduce the number of residential units on the subject
property or to dissolve and terminate the residential condominium or townhouse form of ownership
on the subject property. However, any reduction in the number of residential units shall
automatically reduce the number of vested residential units permitted on the subject property by the
actual number of units reduced. In addition, the dissolution or termination of the condominium or
townhouse form of ownership on the subject property shall automatically terminate the vested right
City of Cape Canaveral
Ordinance No. 06-2017
Page 5 of 8
certificate,and upon termination,the subject property shall be required to thereafter be in compliance
with the existing residential density allowed under the Comprehensive Plan.
Sec. 115-17 Other Multi-Family/Apartment Development Projects.
(a) It is the intent and purpose of this section to provide a redevelopment incentive for properties
with existing multi-family/apartment projects by providing a possible vested density bonus in excess
of the maximum residential density permitted under the current comprehensive plan for new
development(15 dwelling units per acre).
(b) In furtherance of this incentive, an owner of a multi-family/apartment development project
existing on January 1, 2016 may apply for a vested rights certificate vesting the current residential
density on the subject property in conjunction with, and conditioned upon the permitting of, a new,
major residential and/or mixed use redevelopment project on the subject property approved by the
City. Rehabilitation and renovation of existing structures shall not be eligible for vesting under this
section.
(c) The application shall be submitted for consideration to the city manager and city council
in conjunction with at least a preliminary development permit application for the proposed
redevelopment project and shall include the following minimum information:
(1) The name of the existing project and proposed redevelopment project;
(2) The street address of the project;
(3) A current photograph of the existing project inclusive of all existing buildings;
(4) The legal description for the property/parcel;
(5) The number of acres of the project/parcel;
(6) The number of residential multi-family dwelling units and each unit number;
(7) The density of the existing.project stated in units per acre~
(8) The density bonus requested for the new, major residential and/or mixed use
redevelopment project;
(9) The name and address of the owner of the project and/or developer including the contact
person for each entity or person;
(10)At a minimum, a conceptual redevelopment site plan, drawn to scale and prepared by a
licensed and duly qualified engineer or architect. Said plan shall also include a
comprehensive set of proposed building elevations, in color, of all proposed buildings
and substantial hardscape amenities. In addition, said plan shall include a proposed
construction schedule including any applicable demolition and building plan and an
estimated construction budget for all anticipated new capital in building improvements
and taxable personal property;
(11)Any supporting information, including development orders and permits, studies,
contracts, letters, appraisals, reports or any other documents, items or things upon which
the owner and/or developer believes is necessary to demonstrate that the existing
residential densities on the subject property should be vested pursuant to this article in
City of Cape Canaveral
Ordinance No. 06-2017
Page 6 of 8
conjunction with the completion of a new, major residential and/or mixed use project;
and
(12) Any other information reasonably required by the city manager and city council.
(d) Upon receipt of a completed application, the application for vesting shall be processed
simultaneously with the underlying development permit application for the proposed new, major
residential and/or mixed use redevelopment project through the applicable city land development
review process,provided said project shall be subject to the approval of a development agreement
by the city council. The development agreement shall be subject to negotiation by the city and the
owner/developer and shall contain the required terms and conditions of the project and the
residential densities vested by the city under this section. In all cases,the residential density vested
rights granted under this section shall only vest at such time the residential units are constructed
and a certificate of occupancy is issued. The development agreement shall be executed by the
subject property owner and the mayor and the mayor's signature shall be attested to by the city
clerk,who shall also emboss the certificate with the City seal.
(e) The development agreement approved and executed in accordance with this section shall
be recorded by the city clerk in the Official Public Records of Brevard County, Florida.
Upon recordation, the agreement and the residential densities vested under the agreement
may be relied upon by the current and future owner(s) and mortgage holders of the subject
property.
(f) If the completed application is filed with the city within five (5) years from the effective
date of Ordinance No. 06-2017 (July 21, 2017), the new, major residential and/or mixed use
redevelopment project may have a maximum residential density equal to or less than 100%of the
preexisting residential density. After five (5) years but no more than ten (10) years from the
effective date, the maximum residential density shall not exceed fifteen (15) dwelling units per
acre or 75% of the preexisting residential density, whichever is greater. After ten (10) years, the
maximum residential density shall not exceed fifteen (15) dwelling units per acre or 50% of the
preexisting residential density, whichever is greater.
(g) This Section shall not be construed to vest a new, major residential and/or mixed use
redevelopment project from any provision of the City's Comprehensive Plan or land development
regulations except for the existing residential density vested by the city council as set forth in the
development agreement.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors
may be corrected and additions, alterations and omissions,not affecting the construction or meaning
of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
City of Cape Canaveral
Ordinance No. 06-2017
Page 7 of 8
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date.This Ordinance shall become effective immediately upon Ordinance
No. 05-2017 (Comprehensive Plan Amendment) becoming effective. In the event that Ordinance
No. 05-2017 is timely challenged and does not become effective, this Ordinance shall be deemed
null and void at such time it is determined during said challenge that Ordinance No. 05-2017 will
not become effective. No development orders, development permits or land use dependent on this
Ordinance may be issued or commenced before this Ordinance has become effective.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 20th day of
June, 2017.
Bob Hoog, Mayor
ATTEST: [shaded seal] For Against
MiGoforth, CMC Mike Brown x
City Clerk
Robert Hoog x
Brendan McMillin Second
Rocky Randels Motion
Betty Walsh x
Approvedt legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. arganese, City Attorney
1st Advertisement: March 9, 2017
1st Reading: April 18, 2017
2nd Advertisement: June 8, 2017
2nd Reading: June 20, 2017
City of Cape Canaveral
Ordinance No. 06-2017
Page 8 of 8
[FDEO logo] Attachment 2
Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT
ECONOMIC OPPORTUNITY
September 15, 2017
The Honorable Bob Hoog
Mayor, City of Cape Canaveral
City Hall
105 Polk Ave.
Cape Canaveral, Florida 32920
Dear Mayor Hoog:
The Department of Economic Opportunity has completed its review of the
comprehensive plan amendments adopted by the City of Cape Canaveral (Amendment No. 17-
IESR) adopted by Ordinance# 05-2017 on June 20, 2017. We reviewed the amendments in
accordance with the expedited state review process set forth in Sections 163.3184(2), (3) and(5),
Florida Statutes (F.S.), and identified no provision that necessitates a challenge of the Ordinance
adopting the amendment.
If this plan amendment is not challenged by an affected person, the amendment will
become effective 31 days after the Department of Economic Opportunity notified the local
government that the plan amendment package was complete. If this plan amendment is
challenged by an affected person,the amendment will not become effective until the Department
of Economic Opportunity or the Administration Commission enters a final order determining the
amendment to be "In Compliance." No development orders, development permits, or land uses
dependent on this amendment may be issued or commenced before it has become effective.
We appreciate the opportunity to work with the City of Cape Canaveral staff in the
review of the amendment. If you have any questions related to this review, please contact Dan
Pennington at (850) 717-8524 or by email at dan.pennington@deo.myflorida.com.
Sincerely,
James D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/dp
cc: David Dickey, Community Development Director, City of Cape Canaveral
Hugh Harling, P.E., Executive Director, East Central Florida Regional Planning Council
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
850.245.7105 I www.floridajobs.org
www.twitter.com/FLDEO Iwww.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TT(/TI D equipment via the Florida Relay Service at 711.