HomeMy WebLinkAboutAgenda Packet 12-19-2017 CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
December 19, 2017
6:00 P.M.
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. 6:20 p.m.
Key to the City Plaque—Brevard County Sheriff's Office Lieutenant Don Barker.
CONSENT AGENDA:
6:20 p.m. 6:25 p.m.
1. Approve Minutes for November 21, 2017 City Council Sine Die and Regular Meeting.
PUBLIC HEARINGS:
6:25 p.m. 6:40 p.m.
2. Resolution No. 2017-22; pursuant to Ordinance Nos. 05-2017 and 06-2017, providing for
the vesting of the existing residential condominium or townhouse projects located within
the City and listed in this Resolution that have a residential density greater than the
maximum density of fifteen (15) dwelling units per acre allowed under Comprehensive
Plan,Future Land Use Element,Policy LU-1.3.3;providing for completion and recordation
of Vested Rights Certificates approved hereunder, severability,future modifications of this
resolution, additional terms and conditions and an effective date.
3. a. Emergency Ordinance No. 13-2017; temporarily delegating to the Code Enforcement
Board the responsibilities to serve as the Board of Adjustment and Appeals for the
City of Cape Canaveral, Florida
City Council Meeting
December 19, 2017
Page 2 of 2
enforcement of the Unsafe Building Abatement Code set forth in Section 85-56 of the City
Code; providing an effective date.
b. Ordinance No. 16-2017; amending Section 82-56 of the City Code to delegate to the
Code Enforcement Board the responsibilities to serve as the Board of Adjustment and
Appeals for the enforcement of the Standard Unsafe Building Abatement Code; providing
for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability and an effective date, first reading.
ITEM FOR DISCUSSION:
6:40 p.m. 6:45 p.m.
4. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of
Cities.
REPORTS:
6:45 p.m. 6:50 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 seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/19/2017
PRESENTATIONS/INTERVIEWS
Subject: Key to the City Plaque—Brevard County Sheriffs Office Lieutenant Don Barker.
Department: City Clerk's Office
Summary: Lieutenant Don Barker began his career with the Brevard County Sheriff's Office
in January 1988 and was assigned to the Cape Canaveral Precinct upon completion of his field
training the following April. For the next 17 years he served the citizens of Cape Canaveral,
rising through the ranks: Agent in March 1991,Corporal in February 1998, Sergeant in October
2000 and Lieutenant in October 2003.
Lieutenant Barker's skills were called upon when he was transferred to West Precinct for 5 years
in January 2005 and North Precinct for 5 years in July 2011, each time returning home to the
Cape Canaveral Precinct. His current tenure with the Cape Canaveral Precinct has been since
May 2016,where he will wrap up his career on December 29, 2017.
The City thanks Don for his leadership, hard work and dedication over the course of his three
decades with the Brevard County Sheriff's Office. Additionally, the City is grateful a majority
of those years have been with the Cape Canaveral Precinct and wishes him a happy retirement.
Submitting Department Director: Mia Goforth Date: 12/11/17
Attachment: None.
Financial Impact: Cost of Key to the City Plaque; Staff time and effort to prepare this Agenda
Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/11/17
The City Manager recommends that City Council to the following action.
Present Key to the City Plaque to Lieutenant Don Barke .
Approved by City Manager: David L. Greene Date: 12/11/17
Item No. 1
CAPE CANAVERAL CITY COUNCIL SINE DIE AND REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
November 21,2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM Council Member Walsh 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
Community Development Director David Dickey
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Culture and Leisure Services Director Gustavo Vergara
Human Resources/Risk Management Director Jane Ross
Public Works Services Director Ralph Lotspeich
Community Engagement Consultant Rebekah McLain
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Lieutenant Michael Green
Cape Canaveral Volunteer Fire Department Assistant Chief Chris Quinn
PUBLIC PARTICIPATION:None
CONSENT AGENDA: Mayor Hoog inquired if the Item should be removed from the Consent
Agenda for discussion. No one removed the Item.
1. Approve Minutes for Regular City Council Meeting of October 17, 2017.
A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Brown, to
approve Agenda Item No. 1. The motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting
November 21, 2017
Page 2 of 4
PUBLIC HEARING:
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: City Attorney Garganese read the title into the record and explained the item.
Council Members commented they were comfortable with the Item after meeting with Staff. 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 Ordinance 15-2017, at second reading. The motion carried 5-0.
Mayor Hoog expressed pleasure having served with Council Member Walsh and Mayor Pro Tem
McMillin on City Council. There being no further business, the Meeting adjourned Sine Die at
6:05 PM.
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CALL TO ORDER: The Chair called the Meeting to Order at 6:06 PM and welcomed the two
new Council Members.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Culture and Leisure Services Director Gustavo Vergara
Human Resources/Risk Management Director Jane Ross
Public Works Services Director Ralph Lotspeich
Community Engagement Consultant Rebekah McLain
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Lieutenant Michael Green
Cape Canaveral Volunteer Fire Department Assistant Chief Chris Quinn
City of Cape Canaveral, Florida
City Council Regular Meeting
November 21, 2017
Page 3 of 4
OATHS OF OFFICE: City Attorney Garganese administered the Oath of Office to Council
Members Raymond and Morrison.
PRESENTATION TO OUTGOING COUNCIL MEMBERS: Mayor Hoog presented gifts to
Betty Walsh and Brendan McMillin for their terms on City Council. Ms. Walsh and Mr. McMillin
expressed individual thanks to attendees, Council and Staff and wished the new City Council well.
SELECTION OF MAYOR PRO TEM: Mayor Hoog opened the floor for nominations. A
motion was made by Council Member Raymond, seconded by Council Member Randels,
nominating Mike Brown to serve as Mayor Pro Tem. The motion carried 5-0.
PUBLIC PARTICIPATION: None
CONSENT AGENDA:
3. Approve the Proposed 2018 City Council Regular and Tentative Budget Meeting Schedule.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
for approval of the suggested calendar. The motion carried 5-0.
ITEMS FOR ACTION:
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). Mayor Hoog asked for a motion for the Voting Delegate to the
Board. Discussion ensued regarding Mr. Morley's and Mr. Price's willingness to be reappointed
and Council Member Randels' past experience on the SCTPO Board and interest in serving as the
Voting Delegate. A motion was made by Mayor Pro Tem Brown, seconded by Council
Member Morrison,to appoint Council Member Randels as the Voting Delegate to the Space
Coast Transportation Planning Organization Governing Board. The motion carried 5-0.
Discussion ensued regarding the purpose and function of the TPO; City Attorney Garganese
advised Council must make additional motions or one motion combined to reappoint Members to
the TAC and CAC.A motion was made by Council Member Randels,seconded by Mayor Pro
Tem Brown,to reappoint Todd Morley to the Technical Advisory Committee and John Price
to the Citizens' Advisory Committee of the Space Coast Transportation Planning
Organization. The motion carried 5-0.
2. 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. City
Attorney Garganese provided an overview of the item; explained how Staff identified
City of Cape Canaveral, Florida
City Council Regular Meeting
November 21, 2017
Page 4 of 4
approximately thirty-five condominiums within the City that would qualify preliminarily for a
vested rights certificate and what the benefits to those units would be; emphasized for new Council
Members that vesting is only with respect to the number of units, there is no vesting of the project
to any other aspect of the Code and this action is about preserving individual ownership of units.
Discussion ensued and included the master copy of the catalog of projects located in the
Community Development Director's office for review and the difficulties sellers are having due
to the density issue. A motion was made by Council Member Randels, seconded by Mayor
Pro Tem Brown, to 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. The motion carried 5-0.
REPORTS:
Mayor Pro Tem Brown reported on activities of the Florida League of Cities Federal Action Strike
Team that met in Washington D.C. on October 10-12, 2017 with Federal legislators regarding
FEMA, National Flood Insurance Program, tax reform for municipal financing, community
development block grants and transportation investment generating economic recovery. He
thanked outgoing Council Members for their service and leadership and congratulated Council
Members Morrison and Raymond.
Council Member Morrison thanked Betty Walsh for nine years of service and Brendan McMillin
for his service on Council; thanked all of his supporters and looks forward to continuing to fulfill
the City Vision.
Council Member Raymond expressed pride in being a member of the City Council, thanked all of
her supporters and relayed that Mr.McMillin told her we are all neighbors in this small community,
believes working together is the main focus and that spirit of cooperation will move the City
forward.
Mayor Hoog congratulated both new Council Members and shared appreciation for their smear-
free campaigns; announced this is the first year Cape Canaveral will host the Space Coast Art
Festival on November 25-26, 2017 and thanked Staff for all of the hard work they do.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:40 PM.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/19/2017
Item No. 2
Subject: Resolution No. 2017-22;pursuant to Ordinance Nos. 05-2017 and 06-2017,providing
for the vesting of the existing residential condominium or townhouse projects located within the
City and listed in this Resolution that have a residential density greater than the maximum
density of fifteen (15) dwelling units per acre allowed under Comprehensive Plan, Future Land
Use Element, Policy LU-1.3.3; providing for completion and recordation of Vested Rights
Certificates approved hereunder, severability, future modifications of this resolution, additional
terms and conditions and an effective date.
Department: Community Development
Summary: With the adoption of Ordinance Nos. 05-2017 and 06-2017 on June 20, 2017, City
Council established criteria and a procedure to grant vested rights certificates to certain existing
condominium and townhouse projects with densities above the maximum fifteen (15) dwelling
units per acre allowed by the City Comprehensive Plan and Zoning Code.
The vesting process is outlined in Ordinance No. 06-2017 and began with Staff's preparation of
a catalog that itemized/detailed each of the non-conforming projects. At its November 21, 2017
regular meeting, City Council made a preliminary determination that the thirty-five (35)
cataloged residential projects had residential densities in excess of fifteen (15) dwelling units
per acre and that they should be considered for vesting. This determination was based in part
from the information contained in the catalog documenting the properties consistency with
eligibility criteria in Ordinance Nos. 05-2017 and 06-2017.
Consistent with Ordinance No. 06-2017,the City Attorney has prepared the attached Resolution
to vest the residential density of the cataloged projects listed below. If the Resolution is
approved, the City Manager has 90 days to prepare a Vested Rights Certificate, which will be
executed by the Mayor and recorded in the Public Record of Brevard County, Florida. At that
point, the project will be vested and will be conforming with respect to residential densities.
Note the Certificate will not vest the project against other applicable Comprehensive Plan and
Zoning Code requirements.
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
City Council Meeting
Date: 12/19/2017
Item No. 2
Page 2 of 3
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
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 161 Majestic Bay Ave. 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
City Council Meeting
Date: 12/19/2017
Item No. 2
Page 3 of 3
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
Victorian Apts. of Cape Canaveral 220 Columbia Dr. 0.679 32 47.13
Condo
If in the future, additional projects meet the eligibility criteria for issuance of a Vested Rights
Certificate,the City Council may modify this Resolution to include said projects.
It is Staff's opinion that information contained in the written catalog provides a factual basis
upon which the cataloged Projects have residential densities in excess of fifteen (15) dwelling
units per acre and should be vested pursuant to Ordinance Nos. 05-2017 and 06-2017.
Submitting Department Director: David Dickey i Date: 12/11/17
Attachment:
Resolution No. 2017-22
Financial Impact: Cost of advertisement, recordation, Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/11/17
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2017-22.
Approved by City Manager: David L. Greene Date: 12/11/17
RESOLUTION NO. 2017-22
A RESOLUTION OF THE CITY COUNCIL OF CAPE
CANAVERAL, FLORIDA; PURSUANT TO ORDINANCE NOS.
05-2017 AND 06-2017,PROVIDING FOR THE VESTING OF THE
EXISTING RESIDENTIAL CONDOMINIUM OR TOWNHOUSE
PROJECTS LOCATED WITHIN THE CITY AND LISTED IN
THIS RESOLUTION THAT HAVE A RESIDENTIAL DENSITY
GREATER THAN THE MAXIMUM DENSITY OF FIFTEEN (15)
DWELLING UNITS PER ACRE ALLOWED UNDER
COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT,
POLICY LU-1.3.3; PROVIDING FOR COMPLETION AND
RECORDATION OF VESTED RIGHTS CERTIFICATES
APPROVED HEREUNDER, SEVERABILITY, FUTURE
MODIFICATIONS OF THIS RESOLUTION, ADDITIONAL
TERMS AND CONDITIONS AND AN EFFECTIVE DATE.
WHEREAS, on June 20, 2017, the City Council adopted Ordinance Nos. 05-2017 and
06- 2017 for purposes of providing criteria and a procedure by which the City Council can grant
vested rights certificates to certain existing condominium and townhouse projects vesting the
existing density of the project above the maximum fifteen (15) dwelling units per acre generally
permitted in residential zoning districts within the City of Cape Canaveral; and
WHEREAS, pursuant to the aforesaid Ordinances, the City Council considered and
made a preliminary determination, on November 21, 2017, that the written catalog prepared by
City Staff evidences the existing residential condominium or townhouse projects located within
the City that have a residential density greater than the maximum density generally allowed
under Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.3; and
WHEREAS,subsequent to the November 21, 2017 City Council meeting, and pursuant to
Ordinance No. 06-2017, City Staff published the newspaper advertisement and notice to
condominium associations advertising a public hearing for the City Council's consideration of this
Resolution; and
WHEREAS, the City Council finds 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 generally limiting residential densities to a maximum of fifteen (15) dwelling units per acre;
and
City of Cape Canaveral
Resolution No. 2017-22
Page 1 of 5
WHEREAS, the City Council also finds that this Resolution provides 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
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens and
businesses of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CAPE
CANAVERAL,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Approval of Existing Projects to be Vested. Pursuant to the criteria and
requirements of Ordinance No. 06-2017, the City Council, after conducting a duly held public
hearing and considering all evidence and testimony presented at the hearing, hereby finds the
following existing condominium and townhome projects shall be afforded a Vested Rights
Certificate vesting the Project's existing residential density, and the required Project information
shall be contained in the written catalog as a historical record of the decision made by the City
Council pursuant to this Resolution:
Project Address Ace ageox. 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
City of Cape Canaveral
Resolution No. 2017-22
Page 2 of 5
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
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 161 Majestic Bay Ave. 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 35.5
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
City of Cape Canaveral
Resolution No. 2017-22
Page 3 of 5
Ph 1 1.772 38
Ph II 2.5 38
Ph III 2.19 38
Victorian Apts. of Cape Canaveral 220 Columbia Dr. 0.679 32 47.13
Condo
The number of existing units of said projects shall be vested in accordance with the terms and
conditions set forth in Ordinance No. 06-2017. Nothing contained herein shall be construed or
interpreted as vesting anything more than the number of existing units of said projects.
Section 3. Future Modifications to this Resolution. To the extent that other existing
residential condominium or townhome projects not listed in Section 2 of this Resolution are
determined by the City Council to meet the requirements for vesting existing residential densities
pursuant to Ordinance No. 06-2017, the City Council reserves the right to modify this Resolution to
include the projects.
Section 4. Completion of Vested Rights Certificates. The City Manager shall have
ninety (90) days from the effective date of this Resolution to prepare a Vested Rights Certificate
for each residential condominium or townhouse project approved for vesting of residential
density under this 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.
Section 5. Recordation. Vested Rights Certificates approved and executed in
accordance with this Resolution 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 6. Additional Terms and Conditions. This Resolution, and all Vested
Rights Certificates recorded under this Resolution, shall be subject to the terms and conditions set
forth in Ordinance Nos. 05-2017 and 06-2017, any amendments thereto.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution 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 Resolution.
City of Cape Canaveral
Resolution No. 2017-22
Page 4 of 5
Section 8. Effective Date. This Resolution shall take effect immediately upon adoption
by the City Council.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled this 19th day of December, 2017.
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
ATTEST:
Mia Goforth, CMC
City Clerk
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. 2017-22
Page 5 of 5
[city seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/19/2017
Item No. 3
Subject:
a. Emergency Ordinance No. 13-2017; temporarily delegating to the Code Enforcement Board
the responsibilities to serve as the Board of Adjustment and Appeals for the enforcement of the
Unsafe Building Abatement Code set forth in Section 85-56 of the City Code; providing an
effective date.
b. Ordinance No. 16-2017; amending Section 82-56 of the City Code to delegate to the Code
Enforcement Board the responsibilities to serve as the Board of Adjustment and Appeals for the
enforcement of the Standard Unsafe Building Abatement Code;providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading.
Department: Community Development
Summary: Section 82-32 of the City Code establishes the Construction Board of Adjustment
and Appeals (CBAA). The CBAA is responsible to consider appeals of decisions and
interpretations of the Building Official and consider variances of technical codes. Its
composition should include"individuals with knowledge and experience in the technical codes,
such as design professionals, contractors or building industry representatives."
Due to the nature of the CBAA's responsibilities, it meets on a very infrequent basis. In fact, it
has not met nor has it had a quorum for over four (4) years. There is currently one (1) active
member of the CBAA.
The Building Official has recently taken action under the Standard Unsafe Building Abatement
Code regarding an unsafe,residential pool. Staff anticipates that the property owner will appeal
this decision. However, as indicated above, the CBAA, tasked with considering this type of
appeal, is non-functioning. Due to the City's responsibility to afford property owners with a
timely appeal, Emergency Ordinance No. 13-2017 (Attachment 1), which will take immediate
effect and only requires one reading, has been prepared to delegate the appeal hearing
responsibilities of the CBAA to the Code Enforcement Board(CEB).
As stipulated in Section 166.041, Florida Statutes and Section 2.14 of the City Charter,the City
Council may,by at least two-thirds vote,adopt an emergency ordinance.Florida Statutes waives
public notice requirements for emergency ordinances, while the City Charter stipulates an
emergency ordinance "shall automatically stand repealed as of the 61' day following the date
on which it was adopted." For this reason, Ordinance No. 16-2017 (Attachment 2) has been
prepared to permanently delegate to the CEB,appeal hearing responsibilities previously held by
the CBAA.
Submitting Department Director: David Dickey Date: 12-12-17
Attachments:
1 -Emergency Ordinance No. 13-2017
2 -Ordinance No.16-2017
City Council Meeting
Date: 12/19/2017
Item No. 3
Page 2 of 2
Financial Impact: Cost of Ordinance preparation, codification and Staff time and effort to
prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/12/17
The City Manager recommends that City Council t the following actions:
1. Adopt Emergency Ordinance No. 13-2017, and
2. Approve Ordinance No. 16-2017 on first reading.
Approved by City Manager: David L. Greene Date: 12/12/17
Attachment 1
1 ORDINANCE NO. 13-2017
2
3 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
4 OF THE CITY OF CAPE CANAVERAL, BREVARD
5 COUNTY, FLORIDA; TEMPORARILY DELEGATING TO
6 THE CODE ENFORCEMENT BOARD THE
7 RESPONSIBILITIES TO SERVE AS THE BOARD OF
8 ADJUSTMENT AND APPEALS FOR THE ENFORCEMENT
9 OF THE UNSAFE BUILDING ABATEMENT CODE SET
10 FORTH IN SECTION 82-56 OF THE CITY CODE;
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16
17 WHEREAS, the City Council has the authority, by at least two-thirds vote, to adopt
18 emergency ordinances pursuant to Section 166.041(3)(b),Florida Statutes, and Section 2.14 of the
19 City Charter; and
20
21 WHEREAS, pursuant to Section 82-56 of the City Code, the City adopted the Standard
22 Unsafe Building Abatement Code, 1985 Edition (hereinafter referred to as "Unsafe Abatement
23 Code"), and delegated the responsibilities of the Board of Adjustment and Appeals for the Unsafe
24 Abatement Code to the City's Construction Board of Adjustment and Appeals; and
25
26 WHEREAS,due to the infrequency that the City's Construction Board of Adjustment and
27 Appeals has met in recent years, said Board does not currently have an adequate number of
28 members to conduct any business that may be required to be presented to the Board; and
29
30 WHEREAS, the City may have a need to convene a meeting of the Board of Adjustment
31 and Appeals for the Unsafe Abatement Code in the next sixty (60) days or soon thereafter related
32 to the City's enforcement of the Standard Unsafe Building Abatement Code; and
33
34 WHEREAS, given the current inadequate membership on the Construction Board of
35 Adjustment and Appeals, the City's desire to afford property owner's a timely appeal under the
36 Standard Unsafe Abatement Code, if necessary, the City Council desires to temporarily delegate
37 the appeal hearing responsibilities under the Unsafe Abatement Code to the City's Code
38 Enforcement Board, which has an adequate number of members who are trained and experienced
39 in conducting other code enforcement related responsibilities under the City Code; and
40
41 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
42 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
43 Canaveral.
44
45 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
46 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
47
48 Section 1. Declaration of Emergency; Recitals. Based on the recitals set forth
49 above, which are hereby fully incorporated herein by this reference as legislative findings and the
City of Cape Canaveral
Ordinance No. 13-2017
Page 1 of 2
1 intent and purpose of the City Council of the City of Cape Canaveral, the City Council hereby
2 finds that an emergency exists related to the City's ability to enforce the Unsafe Abatement Code
3 in accordance with the requirements of law, and the temporary delegation of appeal hearing
4 responsibilities under the Unsafe Abatement Code to the City's Code Enforcement Board is
5 necessary to sufficiently address the emergency until such time the City Council takes other
6 permanent actions to address this matter.
7
8 Section 2. Temporary Delegation to Code Enforcement. In accordance with and
9 in furtherance of Chapter 82, Article III, of the City Code, the City Council hereby temporary
10 delegates the appeal hearing responsibilities under the Standard Unsafe Abatement Code to the
11 City's Code Enforcement Board. All appeals filed by property owners pursuant to the Standard
12 Unsafe Building Abatement Code prior to the expiration of this Ordinance shall be heard and
13 decided by the Code Enforcement Board. In the event such an appeal is filed with the City and
14 the Code Enforcement Board has not rendered a final decision on the appeal prior to this Ordinance
15 expiring, the Code Enforcement Board shall still have jurisdiction to conduct and complete the
16 appeal hearing(s) and render its final decision on any such appeal.
17
18 Section 3. Effective Date. This Ordinance shall become effective immediately upon
19 adoption by the City Council of the City of Cape Canaveral, Florida.
20
21 Section 4. Automatic Repeal. This Ordinance shall be automatically repealed on
22 the 61' day after the date of adoption unless sooner repealed by the City Council. However,
23 nothing herein shall prevent reenactment of this Ordinance if the emergency still exists.
24
25 ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 19th day of December,
26 2017.
27
28
29 Bob Hoog,Mayor
30
31 ATTEST: For Against
32
33 Mike Brown
34
35 Mia Goforth, CMC Robert Hoog
36 City Clerk
37 Wes Morrison
38
39 Rocky Randels
40
41 Angela Raymond
42
43 Approved as to legal form and sufficiency
44 for the City of Cape Canaveral only by:
45
46
47 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 13-2017
Page 2 of 2
Attachment 2
1 ORDINANCE NO. 16-2017
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 82-56 OF THE CITY CODE TO
6 DELEGATE TO THE CODE ENFORCEMENT BOARD THE
7 RESPONSIBILITIES TO SERVE AS THE BOARD OF
8 ADJUSTMENT AND APPEALS FOR THE ENFORCEMENT
9 OF THE STANDARD UNSAFE BUILDING ABATEMENT
10 CODE; PROVIDING FOR THE REPEAL OF PRIOR
11 INCONSISTENT ORDINANCES AND RESOLUTIONS,
12 INCORPORATION INTO THE CODE, SEVERABILITY
13 AND AN EFFECTIVE DATE.
14
15 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State
16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
17 law; and
18
19 WHEREAS, pursuant to Section 82-56 of the City Code, the City adopted the Standard
20 Unsafe Building Abatement Code, 1985 Edition (hereinafter referred to as the"Unsafe Abatement
21 Code"), and delegated the responsibilities of the Board of Adjustment and Appeals for the Unsafe
22 Abatement Code to the City's Construction Board of Adjustment and Appeals; and
23
24 WHEREAS,due to the infrequency that the City's Construction Board of Adjustment and
25 Appeals has met in recent years, said Board does not currently have an adequate number of
26 members to conduct any business that may be required to be presented to the Board; and
27
28 WHEREAS, the City's Code Enforcement Board regularly meets to conduct hearings
29 related to code enforcement related matters; and
30
31 WHEREAS, for efficiency purposes, the City Council desires to delegate responsibilities
32 to conduct appeal hearings under the Unsafe Abatement Code to the Code Enforcement Board;
33 and
34
35 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
36 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
37 Canaveral.
38
39 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
40 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
41
42 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
43 by this reference as legislative findings and the intent and purpose of the City Council of the City
44 of Cape Canaveral.
45
46 Section 2. Code Amendment. Section 82-56 of the Code of Ordinances,City of Cape
47 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
48 strikeout type indicates deletions):
49
City of Cape Canaveral
Ordinance No. 16-2017
Page 1 of 3
1 Sec. 82-56. - Standard Unsafe Building Abatement Code adopted.
2 The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern
3 Building Code Congress International,Inc.,is hereby adopted by reference and incorporated herein
4 as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as
5 follows:
6 (a) Section 105.1. The construction board of adjustment and appeals code enforcement
7 board shall serve as the board of adjustment and appeals for this code.
8 (b) Section 605. Cost of repair or demolition; lien on property: collection.
9 1. Upon repair or demolition of any building or structure, either with city crews or by
10 independent contractor, all costs of demolition and/or repair shall be assessed against
11 and constitute a lien on the property upon which the building or structure is/was
12 situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard
13 County ad valorem taxes and shall be superior to all other liens, encumbrances,titles
14 and claims in, to or against the property. Cost shall include, but not limited to,
15 administrative cost, attorney's fees, postage, newspaper publication fees and actual
16 costs of physical removal and/or repair.
17 2. The city clerk shall file such lien in the public records of Brevard County Florida,
18 showing the nature of the lien, the amount thereof, a legal description of the property
19 and the owner thereof. Such liens shall bear interest from the date of filing at the
20 highest rate allowed by law.
21 3. The lien may be enforced in the same manner as a court judgment by the sheriffs of
22 the State of Florida, including levy against personal property, and may also be
23 foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in
24 collection of amounts due under any such lien shall also be secured by the property
25 and included within the total sum due under the lien.
26
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be
33 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
34 like errors may be corrected and additions, alterations and omissions,not affecting the construction
35 or meaning of this Ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase,word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
40 be deemed a separate, distinct and independent provision, and such holding shall not affect the
41 validity of the remaining portions of this Ordinance.
42
43 Section 6. Effective Date. This Ordinance shall become effective immediately upon
44 adoption by the City Council of the City of Cape Canaveral, Florida.
45
City of Cape Canaveral
Ordinance No. 16-2017
Page 2 of 3
1
2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of January,
3 2018.
4
5
6 Bob Hoog,Mayor
7
8 ATTEST: For Against
9
10 Mike Brown
11
12 Mia Goforth, CMC Robert Hoog
13 City Clerk
14 Wes Morrison
15
16 Rocky Randels
17
18 Angela Raymond
19
20 1st Reading: December 19, 2017
21 Advertisement:
22 2nd Reading:
23
24
25 Approved as to legal form and sufficiency
26 for the City of Cape Canaveral only by:
27
28
29 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 16-2017
Page 3 of 3
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 12/19/2017
Item No. 4
Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League
of Cities.
Department: City Clerk's Office
Summary: Every December,the governing body of each member municipality must appoint a
Voting Delegate/Director and an Alternate to the League. Only the member municipality's
Elected Officials, City Manager, City Attorney, City Clerk and Department Directors are
eligible to be a Voting Delegate/Director and an Alternate. The person appointed as Voting
Delegate serves as both the member municipality's Voting Delegate at membership meetings
and as its representative to the Board of Directors. The Voting Delegate and the Director are the
same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in
the absence of the Voting Delegate/Director.
Mayor Pro Tem Mike Brown is the current Voting Delegate/Director and former Council
Member Betty Walsh is the Alternate.
Submitting Department Director: Mia Goforth Date: 11/24/17
Attachment: 2018 Appointment of League Voting Delegate/Director Form
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/24/17
The City Manager recommends that City Council to take the following action:
Designate a Voting Delegate/Director and an Alternate.
Approved by City Manager: David L. Greene Date: 11/29/17
SPACE COAST LEAGUE OF CITIES, INC.
A Florida Not-for Profit Corporation
[Space Coast League of Cities logo] CAPE CANAVERAL INDIALANTIC MELBOURNE BEACH ROCKLEDGE
COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH
COCOA BEACH MALABAR PALM BAY TITUSVILLE
GRANT—VALKARIA MELBOURNE PALM SHORES WEST MELBOURNE
"CITIES OF BREVARD WORKING TOGETHER"
2018 Appointment of League Voting Delegate/Director
The Bylaws of the Space Coast League of Cities require the following:
• Every December,the governing body of each member municipality must appoint a Voting
Delegate/Director and Alternate to the League.
Eligibility: Only the member municipality's elected officials,manager, attorney,clerk,
and department heads are eligible to be a Voting Delegate/Director and Alternate.Any
Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the
same time to be a Voting Delegate/Director or Alternate.
Functions: The person appointed as Voting Delegate serves as both the member
municipality's Voting Delegate at membership meetings and its representative to the
Board of Directors. The Voting Delegate and the Director is the same person. The sole
function of the Alternate for the Voting Delegate/Director is to vote in the absence of the
Voting Delegate/Director.
• Following the appointment,the names of the Voting Delegate/Director and the Alternate must be
promptly certified in writing to the League Secretary.
• Because the number of votes allocated to member municipalities for membership meetings is based upon
population,each member municipality must also certify its current population figures when it certifies its
Voting Delegation/Director and Alternate.
Accordingly,please provide and certify the information requested below and return this form promptly to the
League Executive Secretary at the email address: execsec(uscloc.org.
Municipality: Current Population:
Voting Delegate/Director:
Email address: Telephone Number:
Alternate Voting Delegate/Director:
Email address: Telephone Number:
I hereby certify that the above named persons were duly appointed by our governing body and the
foregoing information is correct:
Municipality Clerk's signature: Date:
Space Coast League of Cities- 1600 Huntington Lane-Rockledge,FL.32955-Phone (321)421-7171
Email: execsec@scloc.org