HomeMy WebLinkAboutcocc_council_mtg_packet_20210119CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
For viewing/participating in the Meeting remotely via GoToWebinar:
Register at: https://attendee.gotowebinar.com/register/7732292844736752909
Listen at: +1 213-929-4212; Attendee Access Code: 507-106-804
AGENDA
January 19, 2021
6:00 P.M.
COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in -person and virtually by communications media technology (CMT).
Instructions for the public to attend and provide public comments during this meeting are
accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda.
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.
Presentation by resident Steven Longmire regarding Florida Forever grant application for a
potential new 10-acre conservation and recreation park in Cape Canaveral.
CONSENT AGENDA 6:20 p.m. - 6:25 p.m.
1. Approve Minutes for December 15, 2020 Regular Meeting.
2. Resolution No. 2021-01; approving the application for the Final Plat of the Villas at Fillmore
Townhomes, generally located on Fillmore Avenue, Cape Canaveral; providing for the
repeal of prior inconsistent resolutions, severability and an effective date.
3. Resolution No. 2021-02; honoring the late Cocoa Mayor Jake Williams, Jr.
4. Award bid for construction of Headworks and Tertiary Filter System Improvements at the
Water Reclamation Facility to L7 Construction, Inc. of Longwood, Florida in the amount of
$1,787,700 and authorize City Manager to execute Construction Agreement for same.
PUBLIC HEARINGS 6:25 p.m. - 7:15 p.m.
5. Ordinance No. 01-2021; adopting a City -initiated rezoning of several government owned
properties owned respectively either by the City of Cape Canaveral or the Canaveral Port
Authority related to lands with current Future Land Use Map classification of
"Conservation" and currently being used by said government entities as conservation and
public or recreation uses within the jurisdictional limits of the City of Cape Canaveral;
specifically changing the Zoning Map designation of the properties generally referred to
as Banana River Park, the Northern portion of Manatee Sanctuary Park and a portion of
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Agenda • Page 2 of 3
Canaveral Port Authority property located within the Northwest portion of the City along
the Banana River; from their respective current City Zoning designations to the City
"Conservation" Zoning District designation; providing the properties subject to this
Ordinance are more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions,
severability and an effective date, first reading.
6. Ordinance No. 02-2021; adopting a City -initiated rezoning of several government owned
properties owned respectively either by the City of Cape Canaveral, Brevard County or the
Brevard County School District related to lands with current Future Land Use Map
classification of "Public/Recreation" and currently being used by said government entities
as either public or recreation uses within the jurisdictional limits of the City of Cape
Canaveral; specifically changing the Zoning Map designation of the properties generally
referred to as the Old City Hall Complex and Sheriffs Office, City Recreation Center, City
Library, Wastewater Reclamation Facility, Cape View Elementary, Cherie Down Park,
Canaveral City Park, Southern portion of Manatee Sanctuary Park and City property located
at 200 Long Point Road (Patriots Park) from their respective current City Zoning
designations to the City "Public/Recreation" Zoning District designation; providing the
properties subject to this Ordinance are more particularly depicted and legally described
on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances
and resolutions, severability and an effective date, first reading.
7. Ordinance No. 03-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of approximately 8.64 acres of real
property owned by the Canaveral Port Authority currently being used and commonly
known as the Southern portion of Jetty Park, and more particularly depicted and legally
described on Exhibit "A" attached hereto, from "R-3 Residential" to "Public/Recreation;"
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading.
8. Ordinance No. 04-2021; adopting a City -initiated rezoning of approximately 8.64 acres of
real property owned by the Canaveral Port Authority currently being used and commonly
known as the Southern portion of Jetty Park from the current City Zoning designation to
the City "Public/Recreation" Zoning District designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions,
severability and a conditional effective date, first reading.
9. Ordinance No. 05-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of property owned by the City of Cape
Canaveral and generally known as Long Point Park (approximately 7.88 acres), and more
particularly depicted and legally described on Exhibit "A" attached hereto, from a split of
"R-1 Residential" and "Conservation" to entirely "Conservation;" providing for the repeal
of prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, first reading.
10. Ordinance No. 06-2021; adopting a City -initiated rezoning of approximately 7.88 acres of
real property owned by the City of Cape Canaveral currently being used as Conservation
and commonly known as Long Point Park from the current City Zoning designation to the
City "R-1 Residential" to "Conservation" Zoning District designation; providing the
property subject to this Ordinance is more particularly depicted and legally described on
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Agenda Page 3 of 3
Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability and a conditional effective date, first reading.
11. Ordinance No. 07-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of several properties owned by the City of
Cape Canaveral and generally known as the City Hall Complex four (4) parcels totaling
approximately 1.16 acres), City Fire Station (approx. 0.58 acres), 300 Washington Avenue
(Bennix Park) (approximately 0.61 acres), and 8820 North Atlantic Avenue (Wagner Park)
(approximately 0.22 acres), and more particularly depicted and legally described on Exhibit
"A" attached hereto, from "C-1 Commercial" or "R-2 Residential" to "Public/Recreation;"
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading.
12. Ordinance No. 08-2021; adopting a City -initiated rezoning of several government owned
properties owned by the City of Cape Canaveral and currently being used as either public
or recreation uses within the jurisdictional limits of the City of Cape Canaveral; specifically
changing the Zoning Map designation of the properties generally referred to as City Hall
Complex, City Fire Station, and City properties located at 300 Washington Avenue (Bennix
Park) and 8820 North Atlantic Avenue (Wagner Park); from their respective current City
Zoning designations to the City "Public/Recreation" Zoning District designation; providing
the properties subject to this Ordinance are more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability and a conditional effective date, first reading.
13. Ordinance No. 09-2021; amending Chapter 78, Article II. — Sanitary Sewer System related
to the administrative enforcement of the provisions stated therein; providing for the
clarification of applicable penalties; providing for the use of a Special Magistrate for
administrative proceedings involving violations by industrial and commercial users of the
City's sewer system; providing for repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
14. Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental
registration; requiring inspections; specifying duties of vacation rental owners and
allowing agents; providing for maximum occupancy; providing limited exceptions for
pre-existing contracts; providing requirements of vacation rental owners and agents
related to sexual predators and offenders; requiring provisions for providing and posting
safety information for occupants of vacation rentals; providing restrictions related to
accessory structures; providing enforcement; providing for other miscellaneous
provisions; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
REPORTS 7:15 p.m. - 7:25 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 [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS
IN LIGHT OF COVID-19 EMERGENCY
Due to the COVID-19 Pandemic Emergency, attendance at City Hall public meetings is limited in an
effort to comply with Federal and State public health and safety directives to keep our citizens, City
officials and employees safe. Under these conditions, the City of Cape Canaveral is committed to
providing alternative platforms for citizens to virtually attend scheduled public meetings and have an
opportunity to submit public comments in an efficient, orderly and safe manner. As a result, the City of
Cape Canaveral is temporarily utilizing virtual Communications Media Technology (CMT) for City Council
and other board meetings.
INSTRUCTIONS FOR VIRTUAL MEETING ATTENDANCE AND AGENDA ACCESS
The City of Cape Canaveral's temporary CMT meeting platform is GoToWebinar. Videoconferencing and
teleconferencing will be used to virtually connect the following meeting participants: City Staff, City
Attorney, City Consultants and Applicant(s), if any, for purposes of conducting public meetings. With
the expiration of the Governor's Executive Order No. 20-69, a physical quorum is again required as of
November 1, 2020. Provided a physical quorum is present, some City Council Members and/or Board
Members may participate virtually, in accordance with §120.54(5)(b)(2), F.S.
The public may virtually attend the meeting live by viewing and listening to the meeting by accessing
the meeting at an Internet address and/or phone number/access code listed at the top of each
respective meeting agenda and on the City website's Community Events Calendar available at:
cityofcapecanaveral.org/calendar.php.
To obtain a copy of the Council or board meeting agenda, interested persons should go to the City's
online Public Records/Laserfiche WebLink and search for the specific board and agenda package at:
cityofcapecanaveral.org/publicrecords
PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR (GTW) PLATFORM
There will be appropriate times during GoToWebinar hosted meetings when the chairperson or
designee of the meeting will invite live public comment during the
public participation portion of the meeting and for specific agenda
items. You must be properly logged into the live GoToWebinar
meeting on your computer or electronic device and have a
functioning microphone to participate live. When these invitations
are announced by the chairperson or designee at the meeting,
citizens may virtually raise their hand (see the green arrow) to speak
by pressing the hand feature on the GoToWebinar screen in timely
manner so as to be recognized by the GTW Meeting Organizer.
File View
Audio
Sound Check _uI
C) Computer audio
0 Phone call
y MUTED
Microphone (HD Webcam C510)
Speakers (High Definition Aud..
When the speaker is recognized by the GTW Meeting Organizer, their audio microphone will be
unmuted to address the Council or Board Members. Speakers must clearly state their names and
residence for the record and then provide comments within three (3) minutes. Public comments must
be relevant to the agenda item being considered at that time. Irrelevant and repetitive comments will
be deemed out -of -order and will not be heard. At the conclusion of a citizen's public comment
opportunity, the audio will be muted so the Council or Board may continue conducting the meeting.
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 1 of 2
Public comments are limited to three (3) minutes. The comments will be heard at the meeting and
summarized into the record. Public comments are subject to City meeting rules of decorum. The
speaker's activated audio may be muted by the City for violating the time limit or rules of decorum.
Please also note that the time allocated to each person for public comment is subject to the discretion
of the Council or Board and may be reduced from three (3) minutes based on the number of speakers
or comments received or previous comments made by the speaker.
PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS
Public comments in the form of email or written correspondence (either mailed or hand -delivered) will
be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public
comments in the form of email or written correspondence will be accepted within a reasonable amount
of time prior to Special City Council Meetings. Emails and correspondence will not be read into the
record at the public meetings. However, emails and correspondence will be forwarded to the City
Council and/or Advisory Board Members prior to 12 Noon the day of the scheduled meeting for their
review.
§286.0114, F.S. affords the public a reasonable opportunity to be heard during public City Council and
Advisory Board Meetings. In light of challenges posed to hosting traditional public gatherings due to
the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient methods to ensure
an accessible range of opportunities for public participation. We appreciate your patience as we work
to implement these improvements, and ask that any questions or concerns regarding Public
Participation and Public Comments be directed to the City Clerk's Office at
cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220.
ACCESSIBILITY STATEMENT
The City broadcasts all City Meetings via it's website through a third -party provider that enables live
captioning. However, in accordance with the Americans with Disabilities Act of 1990, persons needing
additional special accommodation to participate in this meeting may contact the City Clerk's Office at
(321) 868-1220 no later than one (1) business day prior to the meeting.
MISCELLANEOUS
The rules established herein are intended to provide a general framework for the conduct of public CMT
meetings as authorized pursuant to the Governor's Executive Order No. 20-52. The City of Cape
Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public
comments, with or without notice, in order to ensure compliance with applicable laws, rules and
regulations; to overcome technical or logistical difficulties or practical challenges in implementing public
meetings via CMT; or to ensure the public health, safety and welfare of the public.
Thank you for your patience and understanding during this very challenging time. For more information
about these temporary procedures or public meetings, please contact the City Clerk.
Rev. 12/07/2020
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Presentation by resident Steven Longmire regarding Florida Forever grant application for
a potential new 10-acre conservation and recreation park in Cape Canaveral.
Department: City Clerk's Office
Summary: City resident Steven Longmire requested an opportunity to make a Presentation to City
Council regarding the Florida Communities Trust, a state agency which provides local land
acquisition grants. The following is a provided Summary of his request:
We have the opportunity to preserve the last remaining forest on the barrier island right here in
Cape Canaveral at the corner of N. Atlantic Ave and West Central Blvd.
A major requirement of the Florida Communities Trust Grant is for it to be requested by the
municipality in which the land resides, thus the goal of the meeting is to provide appropriate reason
why this 75% funding grant should be applied for by staff during the open application period from
October 1 - December 15, 2021. Also if necessary to explore future plans, direct staff to further
research. There is no minimum requirement of land, and the grant mostly covers only acquiring the
property, I will have further details at the council meeting. Additionally, the seller of the property is
willing to be patient and wait out the process of acquiring the land if the project is likely.
The property is 10 acres of live oaks, cabbage palms, and other native plants and critters. The
property would provide trails to create a cool, shade -filled area for walking, running, birding,
education, and a community space for learning. Additionally, Cape View Elementary School is in
close proximity, so students could have educational trips.
The goal of this new space is to conserve some of our last remaining natural ecosystem for our
native species, while also promoting exploration, health benefits, and ecosystem services like water
filtration, that natural areas provide. This property also borders a lagoon spillway lined with white
and red mangroves, so there is potential to improve the waterway via mangrove plantings.
This forest would provide accessibility and pride to many folks who wouldn't other -wise experience
the beauty and benefits of Florida's forests. Let's work to preserve areas that make the Space Coast
amazing. Once this space is lost to development, there will be virtually no other chance to preserve
natural land for ourselves and our community beach -side.
Mr. Longmire will address other talking points in further detail during his Presentation.
Submitting Department Director: Mia Goforth Date: 01/11/2021
Attachment: Change.org Petition www.change.org/forestparkcapecanaveral
Additional Info: www.floridadep.gov/lands/environmental-services/content/faq-florida-forever
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo \ Date: 01/08/2021
The City Manager recommends the City Council take the following action:
Receive Presentation by resident Steven Longmire.
Approved by City Manager: Todd Morley Date: 01/11/2021
change.org
Petition details Comments Updates
Aerial image denoting Proposed forest properly
Imagery WO) Google. tfair SO_ NW.. U.S. Navy, NU, atitetk Map dais 46-2.0.20 1.0 I t..ed SEM es
Create a forest park in Cape Canaveral
627 have signed. Let's get to 1,000!
Steven Longmire started this petition to City of Cape Canaveral and 2 others
Dear community members of Cape Canaveral and surrounding areas,
We have the opportunity to preserve the last remaining forest on the barrier island right here in Cape
Canaveral. The property is 10 acres of live oaks, cabbage palms, and other native plants and critters. 10
acres may not seem like a ton, but it is plenty of room to have multi -use trails through rare, coastal
hardwood forest. The property would provide trails to create a cool, shade -filled area for walking,
running, birding, education, and a community space for learning. Additionally, Cape View Elementary
School is in close proximity, so students could have educational trips.
You may have been to a few of our public spaces in the area, but none are forested. Instead, they are
manicured spaces designed to accomplish a different goal. The goal of this new space is to conserve
some of our last remaining natural ecosystem for our native species, while also promoting exploration,
health benefits, and ecosystem services that natural areas provide.
Not only is this property excellent for our well-being via trails, but it also provides numerous benefits to
our local wildlife and lagoon. This property is a safe haven for our neighborhood wildlife: mockingbirds,
cardinals, blue jays, red -bellied woodpeckers, downy woodpeckers, warblers, and even migratory birds.
Other wildlife includes raccoons, possums, native mice, native frogs, and potentially more depending on
the property's geography.
Considering the nearest comparable natural walking trails are at least a 20 minute drive away, or over
the causeways, this forest would provide accessibility to many folks who wouldn't otherwise experience
the beauty of Florida's forests. Once this space is lost to development, there will be virtually no other
chance to preserve natural land for ourselves and our community beach -side.
The goal of this petition is to prove that there is public interest so that we can apply for funding from
the city and/or state through community grants to purchase the land from a private seller.
Please email us with any questions at forestparkcapecanaveral@gmail.com
Start a petition of your own
Start a petition of Your own
This petition starter stood up and took action. Will you do the same?
Start a petition
Updates
2 months ago
500 supporters
4 months ago
Steven Longmire started this petition
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
December 15, 2020
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tem Raymond
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor
Council Member
Council Member
Mayor Pro Tem
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Cultural and Community Affairs Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to City Manager/Office Manager
Brevard County Sheriffs Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Assistant Chief/Fire Marshal
Canaveral Fire Rescue Deputy Chief/Chief Ops.
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Gustavo Vergara
Jim Moore
Daniel LeFever
Lisa Day
Andrew Walters
Ross Torquato
Derek Yossifon
Chris Quinn
PUBLIC PARTICIPATION: Gail A. Clark, resident, expressed concerns and requested assistance
regarding flooding and drainage issues in the mobile home park at 8515 North Atlantic Avenue.
Mayor Hoog and City Manager Morley requested contact information for Staff to reach out to
Ms. Clark.
INTERVIEWS/PRESENTATIONS:
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2019: Mayor Hoog presented
the Certificate of Achievement to Administrative/Financial Services Director John DeLeo, who in
turn recognized his Staff and noted this as the City's 25th consecutive year for receiving the award.
Mayor Hoog read a statement regarding virtual participation.
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
December 15, 2020
Page 2 of 4
CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion.
Council Member Kellum removed Item 3.
1. Approve Minutes for November 17, 2020 Regular Meeting.
2. Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the Space
Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City
resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory
Committee.
3. Authorize removal of two (2) Specimen Trees at 309 Madison Avenue (Lot 3) at a mitigation
ratio of one-to-one.
A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to
pass Consent Agenda Items 1 and 2. The motion carried 5-0.
3. Discussion ensued and included whether applicants consider building around trees when
planning construction. Applicant and Builder John Dismore explained why the trees must be
removed at 309 Madison due to the dimensions of the lot, setbacks and pad for the house. A
motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to
authorize removal of two (2) Specimen Trees at 309 Madison Avenue. The motion carried
5-0.
PUBLIC HEARINGS:
4. Ordinance No. 06-2020; establishing alternative parking surfaces, sustainable green
parking lot alternatives and bicycle parking requirements by amending Chapter 110 Zoning,
Article IX, Division 2. — Off -Street Parking of the City Code; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, second reading: City Attorney Garganese read the title into the record and
reviewed the Item. Discussion ensued and included reasons for reducing minimum parking space
width, compact cars versus large trucks and SUVs, City Resiliency Plan, flexibility of the Ordinance
to meet needs of business and development, elimination of parking minimums in cities like Miami,
pervious parking costs, property rights and adequate amount of parking for the public.
Community and Economic Development Director Dickey advised Council the Ordinance does not
require pervious parking as written. City Manager Morley explained the Ordinance addresses two
different issues of pervious parking incentives and parking minimums. Discussion continued
regarding alternative green parking surfaces, re -paving and maintenance. The Public Hearing was
opened. There being no comment, the Public Hearing was closed. A motion was made by
Council Member Morrison, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No.
06-2020, at second reading. The Motion carried 5-0.
5. Ordinance No. 08-2020; amending Chapter 94 - Signs; providing for amendments to
electronic messaging signs; providing for amendments to Section 94-100 and Table 94 96-1 to
include sign requirements specifically for the Public/Recreation (PUB/REC) zoning district;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into
the Code, severability and an effective date, second reading: City Attorney Garganese read the
title into the record and explained the Item. Discussion ensued and included electronic sign
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
December 15, 2020
Page 3 of 4
illumination, light pollution and Code Enforcement use of a light meter tool to measure spillover
onto property lines and how sign animation is not commonly allowed around Brevard County and
difficult to enforce. The Public Hearing was opened. There being no comment, the Public Hearing
was closed. Discussion ensued regarding pros and cons of limiting maximum sign height,
electronic sign placement within the maximum sign height dimension, minimal sign complaints
within the City and aesthetics of signage along State Road A1A. A motion was made by Mayor
Pro Tem Raymond, seconded by Council Member Morrison, to adopt Ordinance No. 08-
2020, at second reading. The Motion carried 4-1, with Council Member Kellum voting
against.
ITEM FOR ACTION:
6. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities:
Mayor Hoog opened the floor to nominations. Discussion ensued regarding Mayor Emeritus
Randels' lifetime membership within the Space Coast League of Cities, Mr. Randels service over
the years and Mayor Pro Tem Raymond's acceptance for appointment to serve again. A motion
was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to appoint
Mayor Pro Tem Raymond as the Voting Delegate/Director and Mayor Emeritus Randels as
Alternate, to the Space Coast League of Cities. The Motion carried 5-0.
ITEM FOR DISCUSSION:
7. Discussion on the City Ordinances Section 110-475 regarding required sidewalks.
(Submitted by Council Member Morrison) Council Member Morrison explained the Item.
Discussion ensued and included having the City pay for sidewalks, whether Council is willing to
task Staff with researching how other municipalities handle sidewalks in their cities and towns,
homeowner and property owner responsibilities to maintain and improve the sidewalks in other
areas of the United States, why some houses in the City do not have sidewalks, what is
fair/equitable, sidewalks are poured the same time as the driveway, estimated costs, history of the
homes built in Cape Canaveral when no driveways or sidewalks were required, City Code changes
and requirements of sidewalks over the years, how impact fees have never been imposed by the
City. City Manager Morley indicated Staff could survey other municipalities. Discussion continued
regarding additional funding from the City Budget for sidewalks, the Presidential Streets
Neighborhood Plan to be discussed at the next Strategic Planning Meeting, the original intent of
the Impact Fee Ordinance of 2003 and City Attorney Garganese's recollection of the City Council
discussion at the time, determining land acquisition through property easements and how
property owners may or may not want to participate. Council reached consensus for Staff to
bring back survey results determining whether other municipalities in Brevard County
require sidewalks to be constructed by the developer and/or do they have an impact fee
program for City constructed sidewalks.
REPORTS:
Council Member Kellum discussed looking forward to the New Year and asked for Council
Consensus to direct Staff to research the Arbor Day Foundation Initiative "Time for Trees" which
sets the goal of planting 100 million trees by 2022, the 150th anniversary of Arbor Day. Discussion
ensued regarding the number of trees lost and/or removed in the City, how the City Resiliency
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
December 15, 2020
Page4of4
Plan addresses tree planting, starting a tree challenge similar to the Mayors' Fitness Challenge to
include citizen participation. Council reached consensus for Staff to research and bring back
a program that encourages tree planting at their own residential properties and publicize
joining the Arbor Day Foundation which gives members free trees. Council Member Kellum
thanked Staff for hard work during this challenging year and wished all a Merry Christmas and
Happy Holidays.
Mayor Pro Tem Raymond discussed the Space Coast League of Cities' plan to continue hosting
virtual Board of Directors Meetings into 2021, the League's Legislative priorities being Vacation
Rentals and Affordable Housing, the Florida League of Cities Transportation and
Intergovernmental Relations Legislative Policy Committee's Affordable Housing priority,
encouraged safe and Happy Holidays to all and thanked Staff.
Council Member Morrison thanked Staff, First Responders and Council for making it through the
year, wished a Merry Christmas to all, discussed attending the Florida League of Cities Utilities,
Natural Resources and Public Works Legislative Policy Committee Meetings which is focused on
Water as a priority, and will share a report from it.
Council Member Brown thanked Staff for all of the hard work done this year and First Responders,
discussed attending the City's Annual Reindeer Run, proceeds from which goes to the Police
Athletic League, and wished the best for 2021.
Mayor Hoog discussed meeting with Brevard County Commissioner Bryan Lober and City
Manager Morley regarding various initiatives with the County, the Community Redevelopment
Agency, Cherie Down Park and CARES Act funding, thanked Council, Staff, First Responders and
wished all a Merry Christmas.
City Manager Morley discussed meeting with Commissioner Lober and Mayor Hoog, success of
the Giving Tree Program, thanked Council, Staff, First Responders and wished all a Merry
Christmas.
ADJOURNMENT: The Meeting was adjourned at 8:24 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Resolution No. 2021-01; approving the application for the Final Plat of the Villas at
Fillmore Townhomes, generally located on Fillmore Avenue, Cape Canaveral; providing for repeal
of prior, inconsistent resolutions, severability and an effective date.
Department: Community and Economic Development
Summary: The applicant is requesting Preliminary and Final Plat approval for the Villas at Fillmore
Townhome project located on Parcel #24 37 23 CG 53 10 (Attachment 1). The request would
replat the subject parcel into four (4) lots (Attachment 2).
Typically, these approvals are processed separately, however, since this subdivision consists of only
four (4) lots, is under common ownership, and there are no public improvements, Preliminary and
Final Plat approval has been combined to streamline the process.
The parcel consists of .33-acres and is zoned R-2. The proposed townhouse lots are permitted in
the R-2 district and allow for land use consistent with the City Comprehensive Plan. The parcel is
located in a Flood Zone X, which indicates an area outside of the 500-year flood zone. The proposed
lots and plat are consistent with the townhouse zoning standards as well as City and State platting
requirements. The lots are accessed by Fillmore Avenue, which is operating at an acceptable level -
of -service.
Water and wastewater infrastructure is adjacent to the proposed lots. The proposed development
represent a continuation of the residential development pattern in the general area as there exists
single, multi -family, and townhouse structures in the immediate area.
Chapter 98, Article II of the City Code spells out the process by which the City will review and
approve Preliminary/Final Plat. In general, the process consists of three steps: 1 — Staff conducts a
pre -application meeting with the applicant to determine if the application is adequate; 2 — the
Planning and Zoning Board holds a public meeting and makes a recommendation on the proposed
Preliminary Plat; and, 3 — the City Council holds a public hearing and takes final action on the
request.
Consistent with City Code, a pre -application conference was held on March 2, 2020, to discuss the
project and requirements of the City's platting process.
At its December 9, 2020 Regular Meeting, the Planning and Zoning Board recommended approval
of the Preliminary and Final Plat request.
Article II of Chapter 98 of the City Code establishes required information that must be submitted
as part of the application for Preliminary and Final Plat approval. Additionally, Sec. 98-61 of City
Code lists the general criteria that must be satisfied for plat approval, including:
1. The application is in compliance with the provisions of this article and applicable law.
2. The application is consistent with the City's comprehensive plan.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 2_
Page 2 of 2
3. The application does not create any lots, tracts of land or developments that do not conform
to the City Code.
4. The application provides for proper ingress and egress through a public or approved private
street or perpetual cross access easements.
5. The application is compatible and in harmony with the surrounding neighborhood including
with respect to the size of existing surrounding lots and development trends in the
neighborhood which have been previously approved by the City Council.
6. The application does not create burdensome congestion on the streets and highways.
7. The application promotes the orderly layout and use of land.
8. The application provides for adequate light and air.
9. The application does not create overcrowding of land.
10. The application does not pose any significant harm to the adequate and economical
provision of water, sewer and other public services.
As required by Sec. 98-59 of City Code, a draft of the protective covenants was submitted to the
City and reviewed by the City Engineer and City Attorney. Additionally, the City Attorney reviewed
the required title opinion (Attachment 3) for any liens and to verify that the ownership is consistent
with the dedicatory language on the plat.
Attached is a memo dated December 2, 2020 (Attachment 4) from John Pekar, P.E., the City
Engineer, recommending approval of the proposed plat. The proposed Final Plat is attached
(Attachment 5).
The City Attorney has prepared Resolution No. 2021-01 (Attachment 6) for Council consideration
of Final Plat approval of the Villas at Fillmore.
Submitting Department Director:
David Dickey Date: 01/12/2021
Attachments:
1 — Location/Aerial Photo
2 — Villas at Fillmore Preliminary/Final Plat Application
3 - Title Opinion
4 - City Engineer Memo — December 2, 2020
5 - The Villas at Fillmore Final Plat
6 - Resolution No. 2021-01
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Preliminary Plat and Final Plat Approval for the Villas at Fillmore via Resolution No. 2021-01.
Approved b Cit Manager: Todd Morle Date: 01/11/2021
Attachment 1
Location/Aerial Map - Fillmore Parcel #24 37 23 CG 53 10
Attachment 2
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Information Sheet
Date of Submittal: :8-13-2020
Project Name: Fillmore Townhomes
Project Address (if not available, provide general location):
125ft East of the Orange Ave and Fillmore Ave Intersection, on the north side
Legal Description (attach legal): Lots 10, 11, 12, Block 53, Avon -By -the -Sea, according to the map
or plat thereof,as recorded in Plat Book 3, Page 7, of The Public Records of Brevard County,
Florida, except the west 11 feet of Lot 10 and except the east 25 of the Lot 12.
Zoning and FLU Designations:R2
Residential
Owner(s) Name: Ron Abeles
Owners(s) Address: 393 Harbor Drive, Cape Canaveral, FL 32920
Phone Number(s): (321) 266-8761
Email(s): raabeles@gmail.com
If applicant is not owner, a completed Power of Attorney form is required.
Applicant Name: Ron Abeles
Applicant Address: 393 Harbor Drive, Cape Canaveral, FL 32920
Applicant Phone Number(s): (321) 266-8761
Applicant Email: raabeles@gmail.com
Signature (owner or applicant):
City of Cape Canaveral Preliminary Plat Application
pg. 4
Commonwealth
Attachment 3
Order Number: 8157846
Customer Reference: Fillmore Ave
LAND YITIE MSUpat. frIMPAnY
October 28, 2020
Addressee:
PLAT PROPERTY INFORMATION REPORT
Revised: 1 10/28/2020
Proposed Plat of: The Villas at Fillmore
In accordance with Section 177.041, Florida Statutes this will certify that Commonwealth
Land Title Insurance Company has made a search of the Public Records of Brevard County,
Florida, through October 09, 2020 at 5:00 PM on real property described and shown on the
proposed plat which description reads as follows:
See Exhibit A attached hereto for Legal Description
As of the effective date of this report, the record title to the land described and shown on
the proposed plat is in the name of Wittekind Enterprises, Inc., a Florida corporation and
Ronald Abeles and Janet Parasmo
by virtue of Warranty Deed recorded in Official Records Book 8487 page 884
The search has revealed the following:
1. Order for Fine/Costs/Fees recorded May 6, 2019, in Official Records Book 8431, Page
1221, re -recorded in Official Records Book 8432 page 2778.
NOTE: 2019 Real Property Taxes in the gross amount of $3,582.39 are paid, under Tax I.D.
No. 24-37-23-CG-53-10/2434461.
Public Records shall be defined herein as those records currently established under the
Florida Statutes for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
This report shows only matters disclosed in the aforesaid Public Records, and it does not
purport to insure or guarantee the validity or sufficiency of any documents noted herein;
nor have the contents of any such documents been examined for references to other liens
or encumbrances. This report is not to be construed as an opinion, warranty, or guarantee
of title or other similar assurance, nor as a title insurance policy; and its effective date shall
be the date above specified through which the Public Records were searched. This Report is
being provided for the use and benefit of the above Addressee only, and it may not be used
or relied upon by any other party. This Report may not be used for the purpose of issuing a
title insurance commitment or policy.
This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum
liability of the issuer of this property information report for errors or omissions in this
property information report is limited to the amount paid for this property information
report, and is further limited to the person(s) expressly identified by name in the property
information report as the recipient(s) of the property information report.
Plat Property Information Report Page 1 of 4
Commonwealth
Authorized Signature
File No.: 8157846
Plat Certification Report Page 2 of 4
Commonwealth
LAND aria uuuxnn<e rnnrui.
Order Number: 8157846
Customer Reference: Fillmore Ave
Exhibit "A"
A portion of Lot 10, Block 53, Avon by the Sea, according to the plat thereof as recorded in
Plat Book 3, Page 7, of the Public Records of Brevard County, Florida, being more
particularly described as follows:
Commence at the Southwest corner of said Lot 10, and run East along the South line of said
Lot 10, 11.0 feet to the Point of Beginning; thence run North 02°10'50" East 124.21 feet to
the North line of said Lot 10; thence run South 89°57'27" East along the North line of said
Lot 10, 27.98 feet; thence run South 02°10'50" West 124.18 feet to the South line of said
Lot 10; thence run West along the South line of said Lot 10, 27.98 feet to the Point of
Beginning.
AND
A portion of Lots 10 and 11, Block 53, Avon by the Sea, according to the plat thereof as
recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida, being
more particularly described as follows:
Commence at the Southwest corner of Lot 10 and run East along the South line of said Lot
10 for 38.98 feet to the Point of Beginning; thence run North 02°10'50" East 124.18 feet to
the North line of said Lot 10; thence run South 89°57'27" East along the North line of said
Lots 10 and 11 for 28.02 feet; thence run South 02°10'50" West for 124.16 feet to the
South line of said Lot 11; thence run West along the South line of said Lots 10 and 11 for
28.02 feet to the Point of Beginning.
AND
A portion of Lots 11, Block 53, Avon by the Sea, according to the plat thereof as recorded in
Plat Book 3, Page 7, of the Public Records of Brevard County, Florida, being more
particularly described as follows:
Commence at the Southwest corner of said Lot 11 and run East along the South line of said
Lot 11 for 17 feet to the Point of Beginning; thence run North 02°10'50" East for 124.16
feet to the North line of said Lot 11; thence run South 89°57'27" East along the North line
of said Lot 11 for 27.02 feet; thence run South 02°10'50" West for 124.14 feet to the South
line of said Lot 11; thence run West along the South line of said Lot 11 for 27.02 feet to the
Point of Beginning.
AND
A portion of Lots 11 and 12, Block 53, Avon by the Sea, according to the plat thereof as
recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida, being
more particularly described as follows:
Commence at the Southwest corner of said Lot 11 and run East along the South line of said
Lot 11 for 44.02 feet to the Point of Beginning; thence run North 02°10'50" East 124.16 feet
to the North line of said Lot 11; thence run South 89°57'27" East along the North line of
said Lots 11 and 12 for 30.96 feet; thence run South 02°10'42" West along the East line of
the West 25.0 feet of said Lot 12 for 124.12 feet to the South line of said Lot 12; thence run
West along the South line of said Lots 12 and 11 for 30.97 feet to the Point of Beginning.
Plat Property Information Report Page 3 of 4
Commonwealth
The above described parcels being described together as: Lot (s) 10, 11 and 12, Block 53,
Avon -By -The -Sea, according to the map or plat thereof, as recorded in Plat Book 3, Page(s)
7, of the Public Records of Brevard County, Florida, Except the West 11 feet of Lot 10 and
except the East 25 feet of Lot 12
Plat Property Information Report Page 4 of 4
Attachment 4
JOHN A. PEKAR, P.E., LLC
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral, FL 32920
Office Phone: 321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@grnail.com
a i e rry g! Roni Flowe roniflowe@gmail.com
Office Manager Cell Phone: 321-403-9899
December 2, 2020
TO: David Dickey
FROM: John Pekar, PE
SUBJECT: Fillmore Townhomes (aka Villas at Fillmore)
P20-1455
We have reviewed the updated site plan and record plat for the Fillmore Townhomes and
recommend City approval of each.
Sincerely,
John A. Pekar, P.E.
JAP:rmf
THE VILLAS AT FILLMORE
Attachment 5
PLAT BOOK PAGE
FND. 1/2" I.R.
NO ID.
O
Q
z
SURVEYORS NOTES:
1. Bearings depicted are based on assumed datum and refer to the northerly right—of—way
line of fillmore avenue having a bearing of S 87'33'39" W
2. ❑ Indicates permanent reference monument, stamped "NIELSEN L.B.6946"
693. . Indicates permanent control point (No. 5 rebar with plastic cap), Stamped NIELSEN L.B.
46"
4. NOTICE: This plat as recorded in its graphic form, is the official depiction of the
subdivided lands described herein and will in no circumstances be supplanted in authority by
any other graphic or digital form of this plat.
There may be additional restrictions that are not recorded on this plat
that may be found in the public records of this ounty.
5. FOR RESTRICTIONS SEE OFFICIAL RECORDS BOOK ___, PAGE ___
6. FOR JOINDER SEE OFFICIAL RECORDS BOOK ___, PAGE ___
7. Unless noted otherwise all dimensions are in u.s. survey foot and 10ths of feet.
A 8.00 foot wide easement along all side lot lines not coincident with
structures is hereby reserved for public utilities, drainage and ingress/egresS.
A 15.00 foot wide easement along all rear lot lines lines not coincident with
structures is hereby reserved for public utilities, drainage and ingress/egress.
A 20.00 foot wide easement along all front lot lines lines not coincident with
structures is hereby reserved for public utilities, drainage and ingress/egress.
9. All other city of cape canaveral ordinances must be complied with.
10. The term "public utilities" includes, but is not limited to, all public or private utility service
providers providing water, sewer, reclaimed, cable, electric, telephone, fiber, gas or any other
utility service to the platted property in accordance with law. No construction, installation,
maintenance and operation of public utilities shall interfere with the drainage facilities or
previously existing public utilities located within the easement. Such construction, installation,
maintenance, and operation of public utilities shall comply with applicable laws.
11. In the event that the City of Cape Canaveral provides emergency maintenance of the
private drainage facilities located on the platted property, the City shall have the right to
assess the full cost of such maintenance on the entire platted property including each platted
lot and record a lien against such property until the assessment is paid in full. The lot
owners shall be equally and jointly responsible for the costs assessed by the City.
12. Building set —back lines and dimensions depicted hereon refer to the current minimum
distances allowed by the city of cape canaveral, florida land development code at the time of
recording.
13. The drainage facilities within the drainage easement shall remain in good working order at
all times and in compliance with all laws, rules, and regulations of all governmental authorities
exercising jurisdiction thereover. Structures shall be prohibited within the drainage easement
other than public utilities. The drainage facilities and easement shall be maintained in a
manner to prevent any impediment or obstruction of the storage, free flow and drainage of
water.
~I z
SECTION 23, TOWNSHIP 24 SOUTH, P,ANGE 37 EAST
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
A REPEAT OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 8487, PAGE 884
OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS:
LOT(S) 10, 11 AND 12, BLOCK 53, AVON—BY—THE—SEA,
ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3,
PAGE(S) 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, EXCEPT THE
WEST 11 FEET OF LOT 10 AND EXCEPT THE EAST 25 OF LOT 12.
LOT 2
BLOCK 53
;z1
LOT 3
BLOCK 53
N 87°33'39" E
113497'
0 15' BUILDING SETBACK LINE
M
LOT 1 N
28.49'
LOT 2
28.49' 28.49'
15' PUBLIC UTILITIES & DRAINAGE EASEMENT
15' BUILDING SETBACK LINE
r— — — — — — 8.00'
LOTOC4
BLK 53
28.50'
C — —
BUILDING SETBACK LINE
o
O
LOT 3 o LOT 9
z
25' UILDING SETBACK LINE __—__
20' PUBLIC UTILITIES & DRAINAGE EASEMENT
28.49' 28.49'
S 87 33'39" W
113.97'
2' MIAMI
- - C\L
FILLMORE AVENUE
48' PUBLIC R\W
28.50'
LOT NO.
LOT 1
LOT 2
LOT 3
LOT 4
'3'igr44 QUAREEFE AR 0.08A1 OES
3530.28 SQUARE FEET 0.081 ACRES
3530.28 SQUARE FEET 0.081 ACRES
3530.28 SQUARE FEET 0.081 ACRES
/ PREPARED BY:
09/ eii6/4wn, Ytever,1,
6946
12 STONE STREET, COCOA ,FL. 32922
PHONE: (321) 631-5654 FAX: (321) 631-5974 J
SHEET OF
SECTION TWP. S., RANGE E.
DEDICATION
KNOW ALL THESE PRESENTS, that Cape III LLC, a Florida limited
liability company, being the owner in fee simple of the lands
described in THE VILLAS AT FILLMORE hereby dedicates said lands
and plat for the following uses and purposes:
(1) A non—exclusive and perpetual public utility easement is
hereby dedicated over, under, through and across all side, rear and
front lot lines as depicted on this plat including, but not limited to,
water, sewer, reclaimed, cable, electric, telephone, fiber, and gas,
for purposes of constructing, maintaining, repairing and replacing
their respective utility facilities which provides services to the
platted property. Such public easement shall include the right of
ingress and egress for said purposes.
(2) A private drainage easement is hereby dedicated for the
benefit of each lot owner and the platted property over, under,
through and across all side, rear and front lot lines as depicted on
this plat for purposes of constructing, maintaining, repairing and
replacing the private drainage facilities which provide drainage to
the platted property including all swales, weirs, boxes, grates, pipes
and other infrastructure. Such private easement shall include
each lot owner's right of ingress and egress for said purposes.
The lot owners shall be jointly responsible for maintaining the
drainage facilities in good working order at all times.
(3) A drainage easement is hereby dedicated to the City of
Cape Canaveral over, under, through and across all side, rear and
front lot lines as depicted on this plat for purposes of inspection
and emergency maintenance of the private drainage facilities. Such
easement shall include the City's right of ingress and egress for
said purposes. This easement shall not be construed or interpreted
as obligating the City to inspect or maintain the private drainage
facilities, and the City assumes no responsibility for the
maintenance or operation of said facilities.
(4) An ingress and egress easement is hereby dedicated to
the City of Cape Canaveral and Brevard County over and across
the platted property for purposes of responding to emergencies and
inspections to determine compliance with applicable local, state and
federal codes.
Witnesses: CAPE I11, LLC
By: Wittekind Enterprises Inc., as Manager
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
By:
Gary A. Wittekind, President
161 Harmony Ln
Titusville, FL 32780
This instrument was acknowledged before me by means of _ physical presence or _ online
notarization this day of , 2020 by Gary A. Wittekind, as President of
Wittekind Enterprises Inc., a Florida corporation,Ma nager of CAPE ID, LLC, ? Florida
limited liability company, on behalf of the company, who is personally known to me or
produced . a driver's license and did not give an oath.
Print Name:
Notary Public, State of Florida
My Commission Expires:
CERTIFICATE OF APPROVAL BY THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL
THIS IS TO CERTIFY, that on the
foregoing plat was approved by the City Coincil of the City of
Cape Canaveral, Florida.
ATTEST:
ROBERT HOOG, MAYOR
MIA GOFORTH, CITY CLERK
CERTIFICATE OF SURVEYOR AND MAPPER
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
being a licensed and registered land surveyor and mapper, does
hereby certify that on he/she
completed the survey of the lands as shown on the foregoing plat;
that said plat is a true and correct representation of a survey
made under my responsible direction and supervision; that said
survey is accurate to the best of my knowledge and belief; that Permanent
Reference Monuments ("P.R.M.s°),Permanent Control Points ("P.C.P.s")
,and Monuments according to Sec. 177.091(9), F.S., have been
placed as required by law; and, further, that the survey data complies with
all the requirements of Chapter 177, Part 1, Florida Statutes, as
amended.
Company Name: ERIC NIELSEN LAND SURVEYING, INC.
Corporation No: L.B. 6946
Address: 12 STONE STREET, COCOA, FL.
ERIC NIELSEN
Surveyor of record, P.S.M.
License No. 5386
State of Florida
CERTIFICATE OF REVIEWING SURVEYOR
FOR CITY OF CAPE CANAVERAL
PLAT REVIEWED BY
WITH THE CITY OF CAPE CANAVERAL, FLORIDA FOR
CONFORMITY WITH CHAPTER 177, PART I, FLORIDA STATUTES
DATE:
CERTIFICATE OF CLERK
I HEREBY CERTIFY, That I have examined the foregoing plat
and find that it complies in form with all the requirements of
Chapter 177, Florida Statutes, and was filed for record on
at
File No.
Clerk of the Circuit Court
in and for Brevard County, FL
Attachment 6
RESOLUTION NO. 2021-01
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPROVING THE APPLICATION
FOR THE FINAL PLAT OF THE VILLAS AT FILLMORE
TOWNHOMES, GENERALLY LOCATED ON FILLMORE AVENUE,
CAPE CANAVERAL; PROVIDING FOR REPEAL OF PRIOR,
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Wittekind Enterprises, Inc., Ronald Abeles and Janet Parasmo submitted a
preliminary and final plat application for a plat entitled "The Villas at Fillmore", located on
Fillmore Avenue, Cape Canaveral, upon real property legally described below; and
WHEREAS, the proposed plat entitled "The Villas at Fillmore" is a replat of real property
legally described as a portion of Lots 10, 11 and 12, Block 53, Avon -By -The -Sea according to the
map or plat thereof, as recorded in Plat Book 3, Page(s) of the Public Records of Brevard County,
Florida, except the west 11 feet of Lot 10 and except the east 25 feet of lot 12 into four platted
lots for townhome residences; and
WHEREAS, the City Staff and City Engineer have reviewed the final plat for "The Villas at
Fillmore," determined compliance with the City Code and recommended approval to the
Planning and Zoning Board; and
WHEREAS, on December 9, 2020, the Planning and Zoning Board recommended
approval of the final plat entitled "The Villas at Fillmore" to the City Council; and
WHEREAS, pursuant to section 98-61, City Code, the final plat is subject to a City
Council vote, in resolution form, to either accept, reject or modify the Planning and Zoning
Board's recommendation; and
WHEREAS, the City Council desires to accept the Planning and Zoning Board's
recommendation and approve the final plat for The Villas at Fillmore to facilitate the
construction of townhomes on the four platted lots being created by the final plat.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
incorporated herein by this reference as part of this Resolution.
Section 2. Findings and Approval of Final Plat Application.
City of Cape Canaveral
Resolution No. 2021-01
Page 1 of 3
(A) Pursuant to section 98-61(b), the City Council hereby finds: (1) the application is in
compliance with the provisions of Chapter 98, Article II, City Code, and applicable law; (2)
the application is consistent with the city's comprehensive plan; (3) the application does not
create any lots, tracts of land or developments that do not conform to the City Code; and
(4) the application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
(B) The City Council hereby accepts the recommendation of the Planning and Zoning Board to
approve the final plat for the Villas at Fillmore. The final plat for The Villas at Fillmore is hereby
approved for purposes of constructing four townhomes on the four new lots being created by
the final plat.
(C) The property legally described on the final plat will be subject to and in compliance with all
regulations and ordinances as set forth in the City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption and Signature Page Follows)
City of Cape Canaveral
Resolution No. 2021-01
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
January, 2021.
Bob Hoog, Mayor
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
ATTEST (City Seal):
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2021-01
Page 3 of 3
For Against
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Resolution No. 2021-02; honoring the late Cocoa Mayor Jake Williams, Jr.
Department: Legislative
Summary: On December 28, 2020, Jake Williams, Jr., former Mayor of the City of Cocoa, passed
away. Mr. Williams, a Veteran of the United States Air Force, lived of a life of service to his nation
and his community.
He served the City of Cocoa in numerous capacities, including Cocoa's Code Enforcement Board,
Planning and Zoning Board, as a Council Member from 2004 through 2012 and most recently as
Mayor from 2018 to 2020.
Additionally, Mr. Williams lent his time and skills through serving on the Space Coast League of
Cities, Space Coast Transportation Planning Organization, Central Brevard NAACP and Brevard
Homeless Coalition.
At the time of this writing, the Brevard County Board of County Commissioners is scheduled to
honor Mr. Williams at their January 12, 2021 Regular Session.
The City of Cape Canaveral, its Elected Officials and Staff, would like to honor and celebrate Jake
Williams, Jr.'s life and service to his community via Resolution No. 2021-02 (Attached).
Submitting Council Member: Mayor Bob Hoog Date: 01/11/2021
Attachment: Resolution No. 2021-02
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/08/2021
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2021-02, honoring the late City of Cocoa Mayor Jake Williams, Jr.
Approved by City Manager: Todd Morley Date: 01/11/2021
RESOLUTION NO. 2021-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; HONORING THE LATE COCOA MAYOR JAKE
WILLIAMS, JR.
WHEREAS, former City of Cocoa Mayor Jake Williams, Jr., passed away on December 28,
2020; and
WHEREAS, he served as Mayor of the City of Cocoa from 2018 to 2020 and on the City
Council from 2004 through 2012; and
WHEREAS, throughout his career, he fought to reduce crime and to address inequality
and homelessness; and
WHEREAS, Mr. Williams served on numerous boards and organizations throughout his
many years of service, including the City of Cocoa Code Enforcement Board, the City of Cocoa
Planning and Zoning Board, Space Coast Transportation Planning Organization, Central Brevard
NAACP, Florida Black Caucus and Brevard Homeless Coalition; and
WHEREAS, Mr. Williams, a Veteran of the United States Air Force, lived a life of service to
the community and the nation for which he has recently been honored by the Board of County
Commissioners of Brevard County, Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT FORMER CITY OF COCOA MAYOR
JAKE WILLIAMS, JR. WILL BE FONDLY REMEMBERED AND CELEBRATED IN CAPE CANAVERAL AND
THROUGHOUT BREVARD COUNTY.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 19th day of January, 2021.
Bob Hoog, Mayor
ATTEST:
Name FOR AGAINST
Mike Brown
Mia Goforth, CMC,
City Clerk Bob Hoog
Mickie Kellum
Approved as to legal form and sufficiency Wes Morrison
For the City of Cape Canaveral only by:
Angela Raymond
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2021-02
Page 1 of 1
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Award bid for construction of Headworks and Tertiary Filter System Improvements at the
Water Reclamation Facility to L7 Construction, Inc. of Longwood, Florida in the amount of
$1,787,700 and authorize City Manager to execute Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing
Policy and Florida Statutes, to submit a bid for the construction of improvements to the headworks
and tertiary filter system (sand filters) at the Water Reclamation Facility (WRF). Fifteen bids were
received on December 15, 2020 with L7 Construction, Inc. (L7) submitting the low bid of $1,787,700.
The project involves the construction of improvements to two areas at the WRF including the
complete replacement of the headworks and tertiary filter system. The project is included in the
City's budget for FY2020/2021 and is funded by a State Revolving Fund (SRF) Loan and a $250,000
grant from the State Legislature. Improvements to the two areas have been combined into a single
project to improve efficiency, reduce overall costs and meet regulatory deadlines.
Headworks Replacement. This portion of the work includes replacement of the existing headworks
(WRF influent screen) with a high -efficiency drum screen system. Installation of the new system will
significantly reduce future maintenance costs due to reduced inorganic materials bypassing the
headworks and causing equipment issues further into the treatment process. The proposed drum
screen system will remove particles greater than 3 millimeters. The drum screen will be located on
a new platform extension next to the existing headworks. Replacement of the headworks is also a
requirement of Florida Department of Environmental Protection (FDEP) Consent Order #18-0916.
The approximate cost of this portion of the work is $673,000.
Tertiary Filter System Replacement. This portion of the work includes replacement of the (1)
existing sand filters with high -efficiency, cloth media disk filters and (2) all electronic controls and
equipment. The sand filters were rehabilitated approximately seven years ago but require excessive
annual maintenance (sand replacement) and total rehabilitation every seven years at a cost of over
$300,000. During filter system backwashes, sand migrates though the air lift system and clogs the
draft tubes. Additionally, the filters gradually lose sand requiring annual replenishment. This
improvement proposes to replace existing, old technology equipment with a new, high -efficiency
disc filter system that will significantly reduce future rehab and maintenance costs. One of the sand
filter bays will remain operational for maintenance and emergency use (redundancy). Replacement
of the tertiary filter system is not a requirement of FDEP Consent Order #18-0916. The approximate
cost of this portion of the work is $1,115,000.
Project Goals. The major goals for completion of these improvements are to further (1) upgrade
the City's WRF with modern and high -efficiency treatment equipment, (2) improve WRF effluent
water quality and (3) reduce future maintenance costs of the treatment system. With the completion
of recent improvements (i.e., oxidation ditch, new reclaimed water tank, addition of a belt press,
etc.), the City's WRF is nearing the point that only routine operational maintenance will be required;
all major rehabilitation projects at the WRF are scheduled for completion in early-2022.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # _4_
Page 2 of 2
Bid Process. Staff advertised the bid on October 22, 2020 by posting (1) a legal ad in the Florida
Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar
(Internet bid service). A "Bid Submittal" notation was included which stated a contract would be
awarded pursuant to the requirements of applicable State and Federal laws and regulations. A
mandatory pre -bid meeting was held on November 12, 2020 and all potential bidders were
encouraged to visit the project construction area.
Fifteen contractors submitted sealed bids for the project which were publicly opened at City Hall
on December 15, 2020 (Attachment 1). Upon review of the submitted bids, Staff and the City's
consulting engineer (Kimley-Horn) recommend the project be awarded to L7 with a bid amount of
$1,787,700. Additionally, a purchase order was previously issued to Kimley-Horn for construction
management/inspection services in the amount of $72,424 until project completion. A proposed
Construction Agreement with L7 is included as Attachment 2. A letter from the City's consulting
engineer recommending L7 as the General Contractor for the project is included as Attachment 3.
Submitting Department Director: Jeff Ratliff .---k—Z Date: 01/11/2021
Attachments:
#1 — December 15, 2020 Bid Opening Minutes
#2 - Construction Agreement
#3 — Letter of Recommendation
Financial Impact: $1,787,700 for replacement of the Headworks and Tertiary Filter System at the
WRF to L7 funded by the City's SRF Loan Agreement and a $250,000 grant from the State
Legislature. Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following actions: Award bid for
construction of Headworks and Tertiary Filter System Improvements at the WRF to L7 in the amount
of $1,787,700 and authorize City Manager to execute Construction Agreement for same.
Approved by City Manager: Todd Morley Date: 01/11/2021
Attachment#1
CITY OF CAPE CANAVERAL
Request for Bids
HEADWORKS and FILTER IMPROVEMENTS
BID #2020-03
City of Cape Canaveral City Hall
East Entrance Porte Cochere
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
December 15, 2020
2:05 P.M.
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M.
Others present:
Tim Carlisle, Capital Projects Deputy Director Daniel LeFever, Deputy City Clerk
Steve Romano, Kimley-Horn Brian Bower, Williams Industrial Servcies
Amanda Denton, Florida Design Contractors Kimberly Tegreeny, L7 Construction
Marcus McConnell, U.S. Water Services Corp. Michelle Montgomery, SGS Contracting Services
Tyler Williamson, Petticoat-Schmitt Civil Contr. Alexia Taylor, Wharton-Smith
Dori Cronic, TLC Diversified Dennis McGee, Commerce Controls Incorporated
Melissa Stone, Boromei Construction Lisa Dean, McMahan Construction
Jeremy Becker, Carr & Collier John Earman, EE&G Construction & Electrical
Bert James, Felix Associates of Florida Stephanie Throop, Intercounty Engineering
Lori-Ann McMillan, Prime Construction Group
Mr. Ratliff proceeded to open the bids received and announced the results:
BID #2020-03 - HEADWORKS and FILTER IMPROVEMENTS:
Firm Location Bid Amount
Wharton-Smith, Inc. Sanford, FL $2,147,000.00
SGS Contracting Services, Inc. High Springs, FL $2,017,700.00
TLC Diversified, Inc. Palmetto, FL $2,066,595.00
L7 Construction, Inc. Longwood, FL $1,787,700.00
McMahan Construction Co., Inc. DeLand, FL $2,259,000.00
Florida Design Contractors, Inc. Lake Park, FL $1,890,000.00
Petticoat-Schmitt Civil Contractors, Inc. Jacksonville, FL $1,838,690.00
EE&G Construction & Electrical, LLC Miami Lakes, FL $2,233,243.00
Carr & Collier Inc. Leesburg, FL $1,993,700.00
Boromei Construction, Inc Okeechobee, FL $1,938,400.00
Intercounty Engineering, Inc. Apopka, FL $2,245,131.17
U.S. Water Services Corporation New Port Richey, FL $2,440,000.00
Prime Construction Group, Inc. Orlando, FL $1,994,665.00
Felix Associates of Florida, Inc. Stuart, FL $2,260,600.00
Williams Industrial Services, LLC Jacksonville, FL $2,314,411.92
Capital Projects Director Ratliff thanks those in attendance and adjourned the meeting at 2:14 P.M.
Daniel LeFever, Deputy City Clerk
Attachment #2
City of Cape Canaveral Headworks and Filter Improvements
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2021 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a
State Certified General Construction Firm authorized and duly licensed to do business in the State of
Florida (herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents, for Headworks and Filter Improvements as set forth in the Scope of
Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by Kimley Horn &
Associates, Inc. dated 10/15/20, Bid #2020-03; Documents issued by the CITY; CONTRACTOR'S
Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY
and Florida Department of Environmental Protection (FDEP); and all Change Orders approved
by the CITY after execution of this Agreement. These Contract Documents are hereby
incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on
the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved
by giving precedence in the following order:
a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions (CITY and FDEP);
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any
errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its
sole discretion will interpret the intent of the Agreement and work descriptions and the
CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the
work in accordance with the decision of the CITY. When the material, article or equipment is
designated by a brand name and more than one brand name is listed, it will be understood
that the work is based on one brand name only. The CONTRACTOR will be responsible for all
coordination necessary to accommodate the material, article or equipment being provided
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
without additional cost to the CITY. A substitute material, article or equipment is allowed if it is
reasonably equivalent to the brand name specified. The CITY has full discretion to decide
whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use
of the substitute for a specified brand name and allow the CITY to make a determination before
CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the
issuance of a written Notice to Proceed and shall complete the Work (substantial completion)
within calendar days. The CONTRACTOR shall complete the Work (final
completion) within calendar days from the date of the Notice to Proceed.
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of
this Agreement and that CITY will suffer financial loss if the Work is not substantially complete
within the time specified in Paragraph 5 above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any
such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that
expires after the time specified in Paragraph 5 for final completion until the work is finally
complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as
consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of one million seven hundred eighty seven thousand seven hundred
dollars and no cents ($1,787,700.00). Payments will be made to the CONTRACTOR for actual
quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,
which shall be as fully a part of the Contract as if attached or repeated herein.
8. TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated
with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to
revoke and terminate this Agreement in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such
time as is reasonably necessary to remedy the default, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall
have the right to exercise any other remedy the CITY may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, CITY
shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force);
extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment
or facilities; court injunction or order; federal and/or state law or regulation; order by any
regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the
parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole
discretion and option of the CITY, shall negotiate an equitable adjustment in the affected
provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price
to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's
Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract
Documents.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing
satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project
in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion
of the project, CITY shall reduce to 5% the amount of the retainage withheld from each
subsequent progress payment made to the CONTRACTOR unless the project is subject to
Federal funding, in whole or in part, and the project is subject to laws and regulations contrary
to the Act. The term "50% completion of the project" shall mean the point at which the CITY
has expended 50% of the total cost of the construction services purchased under this
Agreement together with all costs associated with existing change orders and other additions
or modifications to the construction services provided for in this Agreement. After 50%
completion, the CONTRACTOR may present to the CITY a payment request for up to one-half
of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the
issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR
within thirty (30) days after the work is fully and properly completed, if the contract has been
fully and timely performed, but subject to the condition that final payment shall not be due
until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract,
or receipt of releases of lien fully covering all labor, materials and equipment for which a lien
could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such
claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
c. Outstanding claims of liens; or
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide
the general administration of the contract. In performance of these duties, Jeff Ratliff or his
authorized representative is the CITY's Project Manager during the entire period of
construction. The CITY may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the
work site. The CITY will not be responsible for the means of construction, or for the
sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to
perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite
at all times during work preparation and progress. The Project Manager is not obligated to
make exhaustive or continuous onsite inspections to perform his duties of checking and
reporting on work progress, and any such inspections shall not waive CITY's claim regarding
defective work by CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the
initial interpreter of the contract document requirements, and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which
in its opinion does not conform to the Contract Documents, and in this connection may
stop the work or a portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR
as the work progresses, based on CONTRACTOR'S applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in
accordance with the terms of the Contract Documents.
14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the CITY, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel
shall attend such meetings as designated by the CITY's Project Manager.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with
the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and
direct the work, and give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person
unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and work necessary for the proper
completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights
or any monies due or to become due hereunder without the prior, written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all
acts and/or omissions performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy
the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than CITY and CONTRACTOR.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely
for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal -
agent relationship between the parties and neither party is authorized to, nor shall either party
act toward third persons or the public in any manner which would indicate any such relationship
with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold
harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of
whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal,
which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in
part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors,
subcontractor(s), representatives, servants or employees in the execution, performance or non-
performance or failure to adequately perform CONTRACTOR's obligations pursuant to this
Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed by the indemnifying party or anyone directly or indirectly employed or hired by
them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the
fees for which shall be subject to and included with this indemnification provided herein, as
long as said fees are reasonable. This paragraph shall survive termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for
the safety and supervision of its principals, employees, contractors, and agents while
performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and
is in good standing under the laws of Florida, and is duly qualified and authorized to carry
on the functions and operations set forth in this Agreement.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy
to the CITY of a corporate certificate of good standing provided by the State of Florida
prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to protect
the CONTRACTOR from claims of property damages which may arise from any Work
performed under this Agreement whether such Work is performed by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the ownership, use, or
maintenance of owned and non -owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing
Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement. A copy of a current Certificate
of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this
Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates
shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
advance written notification to the CITY in the event of cancellation or modification of any
stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the parties fail
to resolve their differences through mediation, then any cause of action filed hereunder shall
be filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation
shall be Orlando, Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non -prevailing party the costs and expenses of such action including, but not limited
to, reasonable attorney's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR,
its contractors, partners, agents, and their employees are independent contractors and not
employees of the CITY. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the CITY, on one hand, and
the CONTRACTOR, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, CONTRACTOR agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics or means of transmission, of CONTRACTOR
related, directly or indirectly, to the services provided to the CITY under this Agreement and
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
made or received pursuant to law or ordinance or in connection with the transaction of official
business by the CITY, may be deemed to be a public record, whether in the possession or
control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the physical
form, characteristics or means of transmission of CONTRACTOR are subject to the provisions
of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the CITY's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL,
FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR
shall keep and maintain all public records required by CITY to perform the services as agreed
to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement
term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all
public records in possession of the CONTRACTOR, provided the transfer is requested in
writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. However, if the City Clerk does not request that the public records be
transferred, the CONTRACTOR shall continue to keep and maintain the public records upon
completion of the Agreement and shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to CITY, upon request from the
City Clerk, in a format that is compatible with the information technology systems of CITY.
Should the CITY not possess public records relating to this Agreement which are requested to
be inspected or copied by the CITY or any other person, the CITY shall immediately notify
CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the
CITY or allow the records to be inspected or copied within a reasonable time. If the
CONTRACTOR does not comply with a public records request, the CITY may enforce this
Section to the extent permitted by law. CONTRACTOR acknowledges that if the
CONTRACTOR does not provide the public records to the CITY within a reasonable time, the
CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The
CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel
production of public records relating to this Agreement, the court may assess and award
against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney
fees. All public records in connection with this Agreement shall, at any and all reasonable times
during the normal business hours of the CONTRACTOR, be open and freely exhibited to the
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant
such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written
notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must
enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages
for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this
Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs,
and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And,
if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and
damages which the CITY had to pay a third party because of the CONTRACTOR's failure to
comply with this Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY's right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential
liability under state or federal law. As such, the CITY shall not be liable, under this Agreement
for punitive damages or interest for the period before judgment. Further, the CITY shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by
the Parties has been induced by no representations, statements, warranties, or agreements
other than those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral, in
effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of
this Agreement shall not be considered a waiver of that term, condition, or provision in the
future. No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
Todd Morley, City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CONSTRUCTION AGREEMENT
City of Cape Canaveral Headworks and Filter Improvements
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
Attest:
By:
Mia Goforth, City Clerk
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
By:
Todd Morley, City Manager
Date
CONSTRUCTION AGREEMENT
Attachment #3
Kimley»>Horn
January 4, 2021
Jeff Ratliff
Capital Projects Director
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, FL 32920
RE: Bid Recommendation for Headworks and Filter Improvements
Kimley-Horn has reviewed the bid form and the line item prices provided by the five lowest bidders
that submitted on this project. L7 Construction, Inc. (L7) is the apparent low bidder at $1,787,700.
Their bid appears to be reasonable based on current market conditions and is within 3% of the next
lowest bidder.
L7 has significant experience in the water and wastewater industry based on numerous projects,
some of which we had personal knowledge and experience with. After reviewing the items listed for
tax exemption, L7 identified that the highlighted items in the attached bid tabulation were listed
without any tax included. L7 provided more line items without tax than the next two bidders as L7
included tax exemption for the piping package (valves, fittings, etc.) and the miscellaneous metals
package (stairways, grating, handrails) in addition to the big three items of the drum screen, odor
control, and filters. To compare these items on an equal basis, we added tax back into the items for
the L7 bid where the next two bidders did not account for the tax exemption. This added an estimated
$10,000 back into their bid price. This did not change the bid order as L7 remained over$40,000
below the next low bidder.
Based on our review of the bid submittal, Kimley-Horn recommends that the L7 Construction, Inc. bid
be accepted for the work on the Headworks and Filter Improvements project.
Please contact me at (321) 239-5958 or steve.romano@kimley-horn.com should you have any
questions.
Sincerely
Steve Romano, P.E.
Project Manager/Associate
kimley-horn.com
189 South OrangeAvenue, Suite 1000, Orlando, FL32801
407 427 1673
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Ordinance No. 01-2021; adopting a City -initiated rezoning of several government owned
properties owned respectively either by the City of Cape Canaveral or the Canaveral Port Authority
related to lands with current Future Land Use Map classification of "Conservation" and currently
being used by said government entities as conservation and public or recreation uses within the
jurisdictional limits of the City of Cape Canaveral; specifically changing the Zoning Map designation
of the properties generally referred to as Banana River Park, the Northern portion of Manatee
Sanctuary Park and a portion of Canaveral Port Authority property located within the Northwest
portion of the City along the Banana River; from their respective current City Zoning designations
to the City "Conservation" Zoning District designation; providing the properties subject to this
Ordinance are more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability and an
effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 01-2021 proposes a City -initiated rezoning to Conservation of properties owned by
the City of Cape Canaveral or the Canaveral Port Authority. Specifically, the properties generally
referred to as Banana River Park, the Northern portion of Manatee Sanctuary Park and a portion of
Canaveral Port Authority property located within the Northwest portion of the City along the
Banana River
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 5_
Page 2 of 2
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director:
David Dickey
Date: 01/12/2021
Attachment: Ordinance No. 01-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 01-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 01-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF SEVERAL GOVERNMENT OWNED PROPERTIES
7 OWNED RESPECTIVELY EITHER BY THE CITY OF CAPE
8 CANAVERAL OR THE CANAVERAL PORT AUTHORITY RELATED
9 TO LANDS WITH CURRENT FUTURE LAND USE MAP
10 CLASSIFICATION OF "CONSERVATION" AND CURRENTLY
11 BEING USED BY SAID GOVERNMENT ENTITIES AS
12 CONSERVATION AND PUBLIC OR RECREATION USES WITHIN
13 THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE
14 CANAVERAL; SPECIFICALLY CHANGING THE ZONING MAP
15 DESIGNATION OF THE PROPERTIES GENERALLY REFERRED TO
16 AS BANANA RIVER PARK, THE NORTHERN PORTION OF
17 MANATEE SANCTUARY PARK AND A PORTION OF CANAVERAL
18 PORT AUTHORITY PROPERTY LOCATED WITHIN THE
19 NORTHWEST PORTION OF THE CITY ALONG THE BANANA
20 RIVER; FROM THEIR RESPECTIVE CURRENT CITY ZONING
21 DESIGNATIONS TO THE CITY "CONSERVATION" ZONING
22 DISTRICT DESIGNATION; PROVIDING THE PROPERTIES
23 SUBJECT TO THIS ORDINANCE ARE MORE PARTICULARLY
24 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
25 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
26 INCONSISTENT ORDINANCES AND RESOLUTIONS,
27 SEVERABILITY AND AN EFFECTIVE DATE.
28
29
30 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
31 State Constitution, to exercise any power for municipal purposes, except when expressly
32 prohibited by law; and
33
34 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
35 new Conservation Zoning Designation which is intended to provide a more specific zoning
36 designation to support properties that are used for conservation and other authorized public
37 facilities and active recreation and preservation of open space and enjoyment of nature; and
38
39 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
40 designation by initiating the rezoning of certain properties respectively owned by the City of Cape
41 Canaveral or the Canaveral Port Authority which currently have a Future Land Use Map
42 designation of "Conservation" so these properties have a consistent "Conservation (CON)" zoning
City of Cape Canaveral
Ordinance No. 01-2021
Page 1 of 3
1 designation on the City of Cape Canaveral's Official Zoning Map; and
2
3 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
4 establishes a future land use category for Public and Recreation Facilities and Conservation and
5 the real properties subject to this Ordinance currently have a Future Land Use Map classification
6 of "Conservation (CON);" and
7
8 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
9 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
10 and
11
12 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
13 this Ordinance at the December 9, 2021 Planning and Zoning Board meeting; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
16 hearing on the proposed zoning change set forth hereunder and considered findings and advice
17 of staff, citizens, and all interested parties submitting written and oral comments and supporting
18 data and analysis, and after complete deliberation, hereby finds the requested zoning change
19 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
20 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
21 change set forth hereunder; and
22
23 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
24 government purpose and is in the best interests of the public health, safety, and welfare of the
25 citizens of Cape Canaveral, Florida.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29
30 Section 1. Recitals. The foregoing recitals are true and correct and are fully
31 incorporated herein by this reference.
32
33 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
34 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
35 to include a change of zoning classification to "Conservation (CON)" for each of the real properties
36 depicted and legally described on Exhibits "A" which is attached and incorporated herein by this
37 reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon
38 the effective date of this Ordinance.
39
40 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
41 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
42 the Official Records of Brevard County, Florida.
City of Cape Canaveral
Ordinance No. 01-2021
Page 2 of 3
1
2 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
3 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
5
6 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
7 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
8 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
9 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
10 the validity of the remaining portions of this Ordinance.
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
13 , 2021.
14
15
16 Bob Hoog, Mayor
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Mickie Kellum
25
26 Wes Morrison
27
28 Angela Raymond
29 First Reading: January 19, 2021
30 Advertisement: November 19, 2020
31 Second Reading:
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
39
City of Cape Canaveral
Ordinance No. 01-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 01-2021
Subject Properties
Zoning Map being Amended to Conservation
Northern Portion of Manatee Park
24-37-15-00-503 (approx. 10.24 acres) - 701 Thurm Blvd
Banana River Park
24-37-15-00-504 (approx. 5.01 acres) - 901 Puerto Del Rio Drive
Canaveral Port Authority (north west portion of City on Banana River)
24-37-15-00-255 (approx. 19.3 acres) - Not Assigned
NOTES: Acreages and Addresses taken from the Brevard County Property Appraiser's website data
base.
Mullet Rd
24-37-15-00-255
24-37-15-00-504
24-37-15-00-503
Exhibit "A"
Ordinance 01-2021
George King,Blvd
LE
E
0
V
Atlantis Rd
Villanova Dr
Casa Bella Dr
Thurm Blvd
Manatee Bay Dr
Legend
— Roadways
0 City of Cape Canaveral Boundary
AI Ord. 01-2021/Exhibit "A"
Challenger Rd
Columbia Dr
Long
Point Rd
ry
Clv
y z
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METIsri`China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 02-2021; adopting a City -initiated rezoning of several government owned
properties owned respectively either by the City of Cape Canaveral, Brevard County or the Brevard
County School District related to lands with current Future Land Use Map classification of
"Public/Recreation" and currently being used by said government entities as either public or
recreation uses within the jurisdictional limits of the City of Cape Canaveral; specifically changing
the Zoning Map designation of the properties generally referred to as the Old City Hall Complex
and Sheriff's Office, City Recreation Center, City Library, Wastewater Reclamation Facility, Cape View
Elementary, Cherie Down Park, Canaveral City Park, Southern portion of Manatee Sanctuary Park
and City property located at 200 Long Point Road (Patriots Park) from their respective current City
Zoning designations to the City "Public/Recreation" Zoning District designation; providing the
properties subject to this Ordinance are more particularly depicted and legally described on Exhibit
"A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions,
severability and an effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 02-2021 proposes a City -initiated rezoning to Public/Recreation of properties owned
by the City of Cape Canaveral, Brevard County or the Brevard County School District. Specifically,
the Old City Hall Complex and Sheriff's Office, City Recreation Center, City Library, Wastewater
Reclamation Facility, Cape View Elementary, Cherie Down Park, Canaveral City Park, Southern
portion of Manatee Sanctuary Park and City property located at 200 Long Point Road (Patriots Park).
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 6
Page 2 of 2
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director:
Attachment: Ordinance No. 02-2021
David Dickey Date: 01/12/2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo r, Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 02-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 02-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF SEVERAL GOVERNMENT OWNED PROPERTIES
7 OWNED RESPECTIVELY EITHER BY THE CITY OF CAPE
8 CANAVERAL, BREVARD COUNTY, OR THE BREVARD COUNTY
9 SCHOOL DISTRICT RELATED TO LANDS WITH CURRENT
10 FUTURE LAND USE MAP CLASSIFICATION OF
11 "PUBLIC/RECREATION" AND CURRENTLY BEING USED BY SAID
12 GOVERNMENT ENTITIES AS EITHER PUBLIC OR RECREATION
13 USES WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF
14 CAPE CANAVERAL; SPECIFICALLY CHANGING THE ZONING
15 MAP DESIGNATION OF THE PROPERTIES GENERALLY
16 REFERRED TO AS THE OLD CITY HALL COMPLEX AND SHERIFF'S
17 OFFICE, CITY RECREATION CENTER, CITY LIBRARY,
18 WASTEWATER RECLAMATION FACILITY, CAPE VIEW
19 ELEMENTARY, CHERIE DOWN PARK, CANAVERAL CITY PARK,
20 SOUTHERN PORTION OF MANATEE SANCTUARY PARK AND
21 CITY PROPERTY LOCATED AT 200 LONG POINT ROAD
22 (PATRIOTS PARK) FROM THEIR RESPECTIVE CURRENT CITY
23 ZONING DESIGNATIONS TO THE CITY "PUBLIC/RECREATION"
24 ZONING DISTRICT DESIGNATION; PROVIDING THE
25 PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE
26 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
27 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
28 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
29 SEVERABILITY AND AN EFFECTIVE DATE.
30
31
32 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
33 State Constitution, to exercise any power for municipal purposes, except when expressly
34 prohibited by law; and
35
36 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
37 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning
38 designation to support properties that are used for public facilities and active recreation and
39 preservation of open space and enjoyment of nature; and
City of Cape Canaveral
Ordinance No. 02-2021
Page 1 of 4
1
2 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
3 designation by initiating the rezoning of certain properties respectively owned by the City of Cape
4 Canaveral, Brevard County, Brevard County School Board or Canaveral Port Authority so these
5 properties have a "Public/Recreation (Pub/Rec)" zoning designation on the City of Cape
6 Canaveral's Official Zoning Map; and
7
8 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
9 establishes a future land use category for Public and Recreation Facilities and Conservation and
10 the real properties subject to this Ordinance currently have a Future Land Use Map classification
11 of "Pub/Rec - Public/Recreation;" and
12
13 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
14 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
15 and
16
17 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
18 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and
19
20 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
21 hearing on the proposed zoning change set forth hereunder and considered findings and advice
22 of staff, citizens, and all interested parties submitting written and oral comments and supporting
23 data and analysis, and after complete deliberation, hereby finds the requested zoning change
24 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
25 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
26 change set forth hereunder; and
27
28 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
29 government purpose and is in the best interests of the public health, safety, and welfare of the
30 citizens of Cape Canaveral, Florida.
31
32 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
33 ORDAINS, AS FOLLOWS:
34
35 Section 1. Recitals. The foregoing recitals are true and correct and are fully
36 incorporated herein by this reference.
37
38 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
39 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
City of Cape Canaveral
Ordinance No. 02-2021
Page 2 of 4
1 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for each of the real
2 properties depicted and legally described on Exhibits "A" which is attached and incorporated
3 herein by this reference. City staff is hereby directed to promptly amend the City's Official
4 Zoning Map upon the effective date of this Ordinance.
5
6 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
7 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
8 the Official Records of Brevard County, Florida.
9
10 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
11 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
12 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
13
14 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
15 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
16 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
17 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
18 the validity of the remaining portions of this Ordinance.
19
20 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
21 , 2021.
22
23
24 Bob Hoog, Mayor
25
26 ATTEST: For Against
27
28 Mike Brown
29
30 Mia Goforth, CMC Robert Hoog
31 City Clerk
32 Mickie Kellum
33
34 Wes Morrison
35
36 Angela Raymond
37
38
39
City of Cape Canaveral
Ordinance No. 02-2021
Page 3 of 4
1 First Reading: January 19, 2021
2 Advertisement: November 19, 2020
3 Second Reading:
4
5
6 Approved as to legal form and sufficiency
7 for the City of Cape Canaveral only by:
8
9
10 Anthony A. Garganese, City Attorney
11
City of Cape Canaveral
Ordinance No. 02-2021
Page 4 of 4
EXHIBIT "A'
ORDINANCE 02-2021
List of Properties being Rezoned to Public/Recreation (PUB/REC)
Old City Hall Complex and Sheriff's Office:
24-37-23-CG-46-1 (approx. .72 acres)
24-37-23-CG-46-6 (approx. .72 acres)
24-37-23-CG-46-12 (approx. .14 acres)
24-37-23-CG-46-13 (approx. .29 acres)
- 105 Polk Ave
- 111 Polk Ave
- Not assigned
- 106 Taylor Ave
City Recreation Center:
24-37-23-CG-51-1 (approx. 2.23 acres) - 7300 N. Atlantic Ave
City Library:
24-37-23-CG-47-1 (approx. 2.29 acres) - 201 Polk Avenue
Wastewater Reclamation Facility:
24-37-15-00-765 (approx. 4.05 acres) - 601 Thurm Blvd.
24-37-15-00-501 (approx. 4.37 acres) - Not Assigned
Cape View Elementary (Brevard County School Board):
24-37-14-77-5 (approx..59 acres) -540 Washington Ave
24-37-14-77-7 (approx. 7.58 acres) - 8329 Ridgewood Ave
Cherie Down Park (Brevard County and School Board):
24-37-14-77-1 (approx.. .58 acres) - 8330 Ridgewood Ave (Brevard County)
24-37-14-77-2 (approx. 1.11 acres) - 8330 Ridgewood Ave (Brevard County)
24-37-14-77-4 (approx. .33 acres) - 600 Washington Ave (Brevard County)
24-37-14-77-4A (approx..96 acres) - Not assigned (Brevard County)
24-37-14-77-8 (approx. 4.01 acres) - 8330 Ridgewood Ave (School Board)
Canaveral City Park:
24-37-23-CG-P (approx. 4.6 acres) -7920 Orange Ave
Southern Portion of Manatee Park:
24-37-15-00-502 (approx. 2.48 acres) - Not Assigned
Patriots Park:
24-37-22-01-A-1 (approx..28 acres) - 200 Long Pt. Road
NOTE: Acreages and Addresses taken from the Brevard County Property Appraiser's website data base.
1
24-37-15-00-502
24-37-15-0 5 .1
15-00-765
Villanova Dr
Casa Bella Dr
Thurm Blvd
Manatee Bay Dr
Mango
Exhibit MA Dr anor Dr\
Ordinance 02-2021
Kings Ln
24-37-22-01-A-1
Columbia Dr / Church Ln
ti
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, S, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance SurvA,y, Esri a.pan El, Ei China
(Hong Kong), (c) OpenStreetMap contrl tgtbnstaand1jhe GIS Use3 Community
Long Point Rd
Justamere Rd
L=
Tyler Ave
Riverside Dr
Hitching
Post Rd •24-37-23\CG-46-1
24-37-23--CG=46=6 12437=231CG-F47-1
Richie Ave
24737_23-CG-51-1
C ape
Taylor Ave
F Ilmore Ave
1 •
Sources: EslIri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS,
NRCAN, GoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Ho g Kong), (c) OpenStreetMap contributors, and the GIS User Commuinity
IChandler 1
1
Legend
— Roadways
0 City of Cape Canaveral Boundary
Ord. 02-2021/Exhibit "A"
lime St
r rite
Washington Ave
JVUI le LEI I, r,EINE, .aEIrrrr,r,, rn errn ap, irrrem ,nt P Corp., GEBCO, US S, FAO, NPS, NRCAN, GeoBase, I
(Hong Kon(c) OpenStrelMap cor t ibutors, and the GIS User Community
Jackson Ave
Madison Ave
rria c ...on' A .
Monroe Ave
24-37-23-CG-P
Harrison Ave—
' VI I . i '.-
Jackson Ave
212 pi
Sources: Esri, HERE, Gar in, Intermap, increment P Corp. GEBCO, USGS, FAO, NPS,
NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
Tyler Ave
(Hong Kang),__(c) .pe.nStr-eetM- p-eontri ors ndl>e G"IS User Community
Cherie Down Ln
24-37-14 77 7
I>
la
24=37=14-7774`
24-37-14=7-7-5 /
24-37-14-77
24-37-14-77-8
c
KadasterL, Ordna ce Survey, Esri Japan, METI, Esri China
r
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Ordinance No. 03-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of approximately 8.64 acres of real property owned
by the Canaveral Port Authority currently being used and commonly known as the Southern portion
of Jetty Park, and more particularly depicted and legally described on Exhibit "A" attached hereto,
from "R-3 Residential" to "Public/Recreation;" providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 03-2021 proposes a City -initiated small scale Future Land Use Map amendment to
Public/Recreation for property owned by the Canaveral Port Authority. Specifically, the Southern
portion of Jetty Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 7
Page 2 of 2
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director: David Dickey Date: 01/12/2021
Attachment: Ordinance No. 03-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 03-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 03-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF APPROXIMATELY 8.64
8 ACRES OF REAL PROPERTY OWNED BY THE CANAVERAL PORT
9 AUTHORITY CURRENTLY BEING USED AND COMMONLY
10 KNOWN AS THE SOUTHERN PORTION OF JETTY PARK, AND
11 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
12 EXHIBIT "A" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO
13 "PUBLIC/RECREATION;" PROVIDING FOR THE REPEAL OF
14 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing on December 9, 2020, in accordance with the procedures in Chapter 163, Part II,
24 Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
25 advice of staff, citizens, and all interested parties submitting written and oral comments and has
26 recommended adoption to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 03-2021
Page 1 of 3
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A" from "R3 Residential" to
53 "Public/Recreation." Exhibit "A" is attached hereto and fully incorporated herein by this
54 reference.
55
56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
57 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
58 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
59
60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
61 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
62 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
63 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
64 the validity of the remaining portions of this Ordinance.
65
66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
67 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
68 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
69 number or letter and any heading may be changed or modified as necessary to effectuate the
70 foregoing.
71
72 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
73 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
74 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
75 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
76 Agency or the Administration Commission issues a final order determining the adopted small
77 scale Comprehensive Plan Amendment is in compliance. No development orders, development
78 permits, or land use dependent on this Amendment may be issued or commenced before it has
City of Cape Canaveral
Ordinance No. 03-2021
Page 2 of 3
79 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
80 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
81 become a part of that plan and the Amendments shall have the legal status of the City of Cape
82 Canaveral Comprehensive Plan, as amended.
83
84 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
85 , 2021.
86
87
88
89
90 Bob Hoog, Mayor
91
92 ATTEST: For Against
93
94 Mike Brown
95
96 Mia Goforth, CMC Robert Hoog
97 City Clerk
98 Mickie Kellum
99
100 Wes Morrison
101
102 Angela Raymond
103 First Reading: January 19, 2021
104 Advertisement: November 19, 2020
105 Second Reading:
106
107
108 Approved as to legal form and sufficiency
109 for the City of Cape Canaveral only by:
110
111
112 Anthony A. Garganese, City Attorney
113
114
City of Cape Canaveral
Ordinance No. 03-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 03-2021
Property Description
Future Land Use Map being Amended to Public/Recreation (PUB/REC)
Southern Portion of Jetty Park (Canaveral Port Authority):
24-37-14-00-47 (approx. 8.64 acres) - Not Assigned
NOTES: Acreage and Address taken from the Brevard County Property Appraiser's website data base.
sa na I
cean'Park Ln
Seaport Blvd
Beach Park Ln
Coral Dr
E Central Blvd
c
4300
!Ro
a ,
°h, tSa/d11ry a`.Sailfi
sh
oqrcesmcEsri, FERE, Garmin, Intermprincrement/Lindsey Ct -> [
a
Harbor D
Surf Dr
Jetty Park Rd
Shorewood Dr"\
Tropic Beach Dr
Solana Shores Drl
Lir Shorewood Dr
7.7"'Shore) ood D
ri
Live Oak Ct
L
V
Mystic D
Exhibit "A"
Ordinance 03-2021
Siskin Dr
Legend
— Roadways
0 City of Cape Canaveral Boundary
1 Ord. 03-2021/Exhibit "A"
orp., GEBCO, USG FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Ordinance No. 04-2021; adopting a City -initiated rezoning of approximately 8.64 acres of
real property owned by the Canaveral Port Authority currently being used and commonly known
as the Southern portion of Jetty Park from the current City Zoning designation to the City
"Public/Recreation" Zoning District designation; providing the property subject to this Ordinance
is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability and a conditional effective date,
first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 04-2021 proposes a City -initiated rezoning of property owned by the Canaveral Port
Authority. Specifically, the Southern portion of Jetty Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 8
Page 2 of 2
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director: David Dickey? Date: 01/12/2021
Attachment: Ordinance No. 04-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 04-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 04-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF APPROXIMATELY 8.64 ACRES OF REAL
7 PROPERTY OWNED BY THE CANAVERAL PORT AUTHORITY
8 CURRENTLY BEING USED AND COMMONLY KNOWN AS THE
9 SOUTHERN PORTION OF JETTY PARK FROM THE CURRENT
10 CITY ZONING DESIGNATION TO THE CITY
11 "PUBLIC/RECREATION" ZONING DISTRICT DESIGNATION;
12 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
13 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
16 SEVERABILITY AND A CONDITIONAL EFFECTIVE DATE.
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
20 State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
22
23 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
24 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning
25 designation to support properties that are used for public facilities and active recreation and
26 preservation of open space and enjoyment of nature; and
27
28 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
29 designation by initiating the rezoning of certain properties owned by local government entities,
30 including the Canaveral Port Authority, so these properties have a "Public/Recreation (Pub/Rec)"
31 zoning designation on the City of Cape Canaveral's Official Zoning Map; and
32
33 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
34 establishes a future land use category for Public and Recreation Facilities and Conservation and
35 the real property subject to this Ordinance is simultaneously having its respective Comprehensive
36 Plan Future Land Use Map classification changed to "Pub/Rec - Public/Recreation;" and
37
38 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
39 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
City of Cape Canaveral
Ordinance No. 04-2021
Page 1 of 3
1 and
2
3 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
4 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and
5
6 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
7 hearing on the proposed zoning change set forth hereunder and considered findings and advice
8 of staff, citizens, and all interested parties submitting written and oral comments and supporting
9 data and analysis, and after complete deliberation, hereby finds the requested zoning change
10 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
11 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
12 change set forth hereunder; and
13
14 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
15 government purpose and is in the best interests of the public health, safety, and welfare of the
16 citizens of Cape Canaveral, Florida.
17
18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
19 ORDAINS, AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are true and correct and are fully
22 incorporated herein by this reference.
23
24 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
25 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
26 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for the real property
27 depicted and legally described on Exhibits "A" which is attached and incorporated herein by this
28 reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon
29 the effective date of this Ordinance.
30
31 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
32 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
33 the Official Records of Brevard County, Florida.
34
35 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
36 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
37 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
38
39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
City of Cape Canaveral
Ordinance No. 04-2021
Page 2 of 3
1 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
2 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
3 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
4 the validity of the remaining portions of this Ordinance.
5
6 Section 6. Conditional Effective Date. This Ordinance shall become effective
7 immediately upon the effective date of Ordinance 03-2021 as adopted by the City Council of the
8 City of Cape Canaveral, Florida. If Ordinance 03-2021 does not become effective, then this
9 Ordinance shall become null and void.
10
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
13 , 2021.
14
15
16 Bob Hoog, Mayor
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Mickie Kellum
25
26 Wes Morrison
27
28 Angela Raymond
29 First Reading: January 19, 2021
30 Advertisement: November 19, 2020
31 Second Reading:
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
38
City of Cape Canaveral
Ordinance No. 04-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 04-2021
Property being Rezoned to Public/Recreation (PUB/REC)
Southern Portion of Jetty Park (Canaveral Port Authority):
24-37-14-00-47 (approx. 8.64 acres) - Not Assigned
NOTES: 1. Rezoning Ordinance 04-2021 is conditioned upon Ordinance 03-2021 (FLUM) becoming
effective.
2. Acreage and Address taken from the Brevard County Property Appraiser's website data base.
sa na I
cean'Park Ln
Seaport Blvd
Beach Park Ln
Coral Dr
E Central Blvd
c
4300
!Ro
a ,
°h, tSa/d11ry a`.Sailfi
sh
oqrces mcEsri, FERE, Garmin, Intermprincrement/Lindsey Ct -> [
a
Harbor D
Surf Dr
Jetty Park Rd
Shorewood Dr"\
Tropic Beach Dr
Solana Shores Drl
Lir Shorewood Dr
7.7"'Shore) ood D
ri
Live Oak Ct
L
V
Mystic D
Exhibit "A"
Ordinance 04-2021
Siskin Dr
Legend
— Roadways
0 City of Cape Canaveral Boundary
Ord. 04-2021/Exhibit "A"
orp., GEBCO, USG FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 9
Subject: Ordinance No. 05-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of property owned by the City of Cape Canaveral
and generally known as Long Point Park (approximately 7.88 acres), and more particularly depicted
and legally described on Exhibit "A" attached hereto, from a split of "R-1 Residential" and
"Conservation" to entirely "Conservation;" providing for the repeal of prior inconsistent ordinances
and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first
reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 05-2021 proposes a City -initiated small-scale Future Land Use Map amendment of
property owned by the City of Cape Canaveral. Specifically, the property at the west end of Long
Point Road known as Long Point Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 9
Page 2 of 2
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director: David Dickey Date: 01/12/2021
Attachment: Ordinance No. 05-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 05-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 05-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF PROPERTY OWNED BY THE
8 CITY OF CAPE CANAVERAL AND GENERALLY KNOWN AS LONG
9 POINT PARK (APPROXIMATELY 7.88 ACRES), AND MORE
10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
11 EXHIBIT "A" ATTACHED HERETO, FROM A SPLIT OF "R1
12 RESIDENTIAL" AND "CONSERVATION" TO ENTIRELY
13 "CONSERVATION;" PROVIDING FOR REPEAL OF PRIOR
14 INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing on December 9, 2020, in accordance with the procedures in Chapter 163, Part II,
24 Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
25 advice of staff, citizens, and all interested parties submitting written and oral comments and has
26 recommended adoption to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 05-2021
Page 1 of 3
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A" from a current split of "R1
53 Residential" and "Conservation" to entirely "Conservation." Exhibit "A" is attached hereto and
54 fully incorporated herein by this reference.
55
56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
57 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
58 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
59
60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
61 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
62 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
63 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
64 the validity of the remaining portions of this Ordinance.
65
66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
67 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
68 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
69 number or letter and any heading may be changed or modified as necessary to effectuate the
70 foregoing.
71
72 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
73 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
74 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
75 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
76 Agency or the Administration Commission issues a final order determining the adopted small
77 scale Comprehensive Plan Amendment is in compliance. No development orders, development
78 permits, or land use dependent on this Amendment may be issued or commenced before it has
City of Cape Canaveral
Ordinance No. 05-2021
Page 2 of 3
79 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
80 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
81 become a part of that plan and the Amendments shall have the legal status of the City of Cape
82 Canaveral Comprehensive Plan, as amended.
83
84
85 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
86 , 2021.
87
88
89
90
91 Bob Hoog, Mayor
92
93 ATTEST: For Against
94
95 Mike Brown
96
97 Mia Goforth, CMC Robert Hoog
98 City Clerk
99 Mickie Kellum
100
101 Wes Morrison
102
103 Angela Raymond
104
105 First Reading: January 19, 2021
106 Advertisement: November 19, 2020
107 Second Reading:
108
109
110 Approved as to legal form and sufficiency
111 for the City of Cape Canaveral only by:
112
113
114 Anthony A. Garganese, City Attorney
115
116
City of Cape Canaveral
Ordinance No. 05-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 05-2021
Subject Properties
Future Land Use Map being Amended to Conservation
Long Point Park
24-37-22-01-A-9 (approx. 7.88 acres) - 260 Long Point Road
NOTES: Acreage and Address taken from the Brevard County Property Appraiser's website data base.
Bayside D
moo`
m
Villanova Dr
Casa Bella Dr
Thurm Blvd
Columbia Dr
Legend
Roadways
City of Cape Canaveral Boundary
Ord. 05-2021/Exhibit "A"
Exhibit "A", n Garden i
Ordinance 05=2021_
Long Point Rd
--(Oak Manor D
Mango Manor Dr
Mango Manor Dr
Kings Ln
Church Ln
International Dr
Majestic Bay Ave
Carver Dr N
C 2e
Zer Dr 5 Carver Dr
Justamere Rd
Riverside Dr
Hitching Post Rd
Richie Ave
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ord nce Survey, Esri Japan, METI, Esr ina
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Co munity
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 10
Subject: Ordinance No. 06-2021; adopting a City -initiated rezoning of approximately 7.88 acres of
real property owned by the City of Cape Canaveral currently being used as Conservation and
commonly known as Long Point Park from the current City Zoning designation to the City "R-1
Residential" to "Conservation" Zoning District designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability and a
conditional effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation property listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 06-2021 proposes a City -initiated rezoning of property owned by the City of Cape
Canaveral. Specifically, the property at the west end of Long Point Road known as Long Point Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 10
Page 2 of 2
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represent the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director: David Dickey? Date: 01/12/2021
Attachment: Ordinance No. 06-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 06-2021, first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1
2 ORDINANCE NO. 06-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA, ADOPTING A CITY -INITIATED
6 REZONING OF APPROXIMATELY 7.88 ACRES OF REAL
7 PROPERTY OWNED BY THE CITY OF CAPE CANAVERAL
8 CURRENTLY BEING USED AS CONSERVATION AND
9 COMMONLY KNOWN AS LONG POINT PARK FROM THE
10 CURRENT CITY ZONING DESIGNATION TO THE CITY "R-1
11 RESIDENTIAL" TO "CONSERVATION" ZONING DISTRICT
12 DESIGNATION; PROVIDING THE PROPERTY SUBJECT TO THIS
13 ORDINANCE IS MORE PARTICULARLY DEPICTED AND LEGALLY
14 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
16 RESOLUTIONS, SEVERABILITY AND A CONDITIONAL EFFECTIVE
17 DATE.
18
19
20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
21 State Constitution, to exercise any power for municipal purposes, except when expressly
22 prohibited by law; and
23
24 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
25 new Conservation Zoning Designation which is intended to provide a more specific zoning
26 designation to support properties that are used for conservation and passive recreation and
27 preservation of open space and enjoyment of nature; and
28
29 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
30 designation by initiating the rezoning of certain properties owned by local government entities,
31 including the City of Cape Canaveral, so these properties have a "Conservation" zoning
32 designation on the City of Cape Canaveral's Official Zoning Map; and
33
34 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
35 establishes a future land use category for Public and Recreation Facilities and Conservation and
36 the real property subject to this Ordinance is simultaneously having its respective Comprehensive
37 Plan Future Land Use Map classification changed to "Conservation;" and
38
39 WHEREAS, Sections 110-34 and 110-35 of the City Code provides a procedure and
40 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
City of Cape Canaveral
Ordinance No. 06-2021
Page 1 of 3
1 and
2
3 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
4 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and
5
6 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
7 hearing on the proposed zoning change set forth hereunder and considered findings and advice
8 of staff, citizens, and all interested parties submitting written and oral comments and supporting
9 data and analysis, and after complete deliberation, hereby finds the requested zoning change
10 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
11 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
12 change set forth hereunder; and
13
14 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
15 government purpose and is in the best interests of the public health, safety, and welfare of the
16 citizens of Cape Canaveral, Florida.
17
18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
19 ORDAINS, AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are true and correct and are fully
22 incorporated herein by this reference.
23
24 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
25 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
26 to include a change of zoning classification from "R-1 Residential" to "Conservation (CON)" for
27 the real property depicted and legally described on Exhibits "A" which is attached and
28 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
29 Official Zoning Map upon the effective date of this Ordinance.
30
31 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
32 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
33 the Official Records of Brevard County, Florida.
34
35 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
36 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
37 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
38
39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
City of Cape Canaveral
Ordinance No. 06-2021
Page 2 of 3
1 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
2 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
3 the validity of the remaining portions of this Ordinance.
4
5 Section 6. Conditional Effective Date. This Ordinance shall become effective
6 immediately upon the effective date of Ordinance 05-2021 as adopted by the City Council of the
7 City of Cape Canaveral, Florida. If Ordinance 05-2021 does not become effective, then this
8 Ordinance shall become null and void.
9
10
11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
12 , 2021.
13
14
15 Bob Hoog, Mayor
16
17 ATTEST: For Against
18
19 Mike Brown
20
21 Mia Goforth, CMC Robert Hoog
22 City Clerk
23 Mickie Kellum
24
25 Wes Morrison
26
27 Angela Raymond
28 First Reading: January 19, 2021
29 Advertisement: November 19, 2020
30 Second Reading:
31
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 06-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 06-2021
Subject Property
Zoning Map being Amended to Conservation
Long Point Park
24-37-22-01-A-9 (approx. 7.88 acres) - 260 Long Point Road
NOTES: 1. Rezoning Ordinance 06-2021 is conditioned upon Ordinance 05-2021 (FLUM) becoming
effective.
2. Acreage and Address taken from the Brevard County Property Appraiser's website data base.
Bayside D
moo`
m
Villanova Dr
Casa Bella Dr
Thurm Blvd
Columbia Dr
Legend
Roadways
City of Cape Canaveral Boundary
Ord. 06-2021/Exhibit "A"
Exhibit "AG"
O' ern arden i
Ordinance 06=2021_
Long Point Rd
--(Oak Manor D
Mango Manor Dr
Mango Manor Dr
Kings Ln
Church Ln
International Dr
Majestic Bay Ave
Carver Dr N
C 2e
Zer Dr 5 Carver Dr
Justamere Rd
Riverside Dr
Hitching Post Rd
Richie Ave
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ord nce Survey, Esri Japan, METI, Esr ina
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Co munity
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 11
Subject: Ordinance No. 07-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of several properties owned by the City of Cape
Canaveral and generally known as the City Hall Complex four (4) parcels totaling approximately
1.16 acres), City Fire Station (approx. 0.58 acres), 300 Washington Avenue (Bennix Park)
(approximately 0.61 acres), and 8820 North Atlantic Avenue (Wagner Park) (approximately 0.22
acres), and more particularly depicted and legally described on Exhibit "A" attached hereto, from
"C-1 Commercial" or "R-2 Residential" to "Public/Recreation;" providing for the repeal of prior
inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan
and an effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 07-2021 proposes a City -initiated small-scale Future Land Use Map amendment of
properties owned by the City of Cape Canaveral. Specifically, the City Hall Complex, the City Fire
Station, Bennix Park, and Wagner Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 11
Page 2 of 2
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director:
David Dickey
Date: 01/12/2021
Attachment: Ordinance No. 07-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 07-2021, first reading.
Approved b Cit Manager: Todd Morle Date: 01/12/2021
1
2 ORDINANCE NO. 07-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF SEVERAL PROPERTIES
8 OWNED BY THE CITY OF CAPE CANAVERAL AND GENERALLY
9 KNOWN AS THE CITY HALL COMPLEX (FOUR (4) PARCELS
10 TOTALING APPROXIMATELY 1.16 ACRES), CITY FIRE STATION
11 (APPROXIMATELY 0.58 ACRES), 300 WASHINGTON AVENUE
12 (BENNIX PARK) (APPROXIMATELY 0.61 ACRES), AND 8820 N.
13 ATLANTIC AVENUE (WAGNER PARK) (APPROXIMATELY 0.22
14 ACRES), AND MORE PARTICULARLY DEPICTED AND LEGALLY
15 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "C-1
16 COMMERCIAL" OR "R-2 RESIDENTIAL" TO
17 "PUBLIC/RECREATION;" PROVIDING FOR THE REPEAL OF
18 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
19 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
20 PLAN AND AN EFFECTIVE DATE.
21
22 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
23 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
24 163.3187(1)(c), Florida Statutes; and
25
26 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
27 public hearing on December 9, 2020, in accordance with the procedures in Chapter 163, Part II,
28 Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
29 advice of staff, citizens, and all interested parties submitting written and oral comments and has
30 recommended adoption to the City Council; and
31
32 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
33 hearing on the proposed amendment set forth hereunder and considered findings and advice of
34 staff, citizens, and all interested parties submitting written and oral comments and supporting
35 data and analysis, and after complete deliberation, hereby approves and adopts the
36 Comprehensive Plan Amendment set forth hereunder; and
37
38 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
39 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
40
City of Cape Canaveral
Ordinance No. 07-2021
Page 1 of 3
41 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
42 ORDAINS, AS FOLLOWS:
43
44 Section 1. Recitals. The foregoing recitals are true and correct and are fully
45 incorporated herein by this reference.
46
47 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
48 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
49
50 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
51 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
52 of the City of Cape Canaveral Comprehensive Plan.
53
54 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
55 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
56 the real property legally described and depicted on Exhibit "A" from their respective "R2
57 Residential" (300 Washington Ave) or "Cl Commercial" (City Hall Complex, City Fire Station and
58 8829 N. Atlantic Avenue) to "Public/Recreation." Exhibit "A" is attached hereto and fully
59 incorporated herein by this reference.
60
61 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
62 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
63 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
64
65 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
66 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
67 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
68 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
69 the validity of the remaining portions of this Ordinance.
70
71 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
72 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
73 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
74 number or letter and any heading may be changed or modified as necessary to effectuate the
75 foregoing.
76
77 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
78 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
79 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
80 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
City of Cape Canaveral
Ordinance No. 07-2021
Page 2 of 3
81 Agency or the Administration Commission issues a final order determining the adopted small
82 scale Comprehensive Plan Amendment is in compliance. No development orders, development
83 permits, or land use dependent on this Amendment may be issued or commenced before it has
84 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
85 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
86 become a part of that plan and the Amendments shall have the legal status of the City of Cape
87 Canaveral Comprehensive Plan, as amended.
88
89 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
90 , 2021.
91
92
93
94
95 Bob Hoog, Mayor
96
97 ATTEST: For Against
98
99 Mike Brown
100
101 Mia Goforth, CMC Robert Hoog
102 City Clerk
103 Mickie Kellum
104
105 Wes Morrison
106
107 Angela Raymond
108 First Reading: January 19, 2021
109 Advertisement: November 19, 2020
110 Second Reading:
111
112
113
114 Approved as to legal form and sufficiency
115 for the City of Cape Canaveral only by:
116
117
118 Anthony A. Garganese, City Attorney
119
City of Cape Canaveral
Ordinance No. 07-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 07-2021
Subject Properties
Future Land Use Map being Amended to Public/Recreation (PUB/REC)
City Hall Complex:
24-37-23-CG-41-9 (approx..57 acres) — 100 Polk Avenue
24-37-23-CG-41-1 (approx..43 acres) - Not assigned
24-37-23-CG-41-4 (approx..14 acres) - Not assigned
24-37-23-CG-41-13 (approx..02 acres)- 110 Polk Ave
City Fire Station:
24-37-23-CG-25-7 (approx..58 acres) — Not assigned
Other City Properties:
24-37-23-00-308 (approx. .61 acres) — 300 Washington Ave
24-37-14-27-*A.02 (approx..22 acres) — 8820 N. Atlantic Ave
NOTES: Acreages and Addresses taken from the Brevard County Property Appraiser's website data base.
S`ae P,e
jo.Qot ILI
y'6. 1 oiN4'4,e
Exhibit "A"
Ordinance 07-2021
Seaport Blvd
` Q
1-1 1— —+, outhgate Mobile Homesti.tiIe :i i 1' .ter .'
AM
•I
I111424-37-14-27-*-A.02
ill111WII
-
-
6,_
Southgate Mobile Homes
Beach Park Ln
Anchorage Ave' 1"'--"" ""
•r MI
rilliarariT
AI. 1... PEml N■FrIv
Coral Dr
e
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS FAO, NPS, NRCA` H .if cG/e,o ase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
g Kong), (c) OpenStreetMap contributors, and the GIS User Community
24-37-23-00-308
a'
' Washingt8n1A1,1,e' I •
I I
.111111 .I I li I
Q
I: I 1 Ave
fateQ
.,7,
w
ai
c
ro
ti
Sources: Esri, HERE, GarmiA,
Intermap, increment P Corp., GEBGO,
- 1-1 r \E_
`6
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Sur
(Hong Ko1Tg), (c) OpenStreetMa o_2e -ibu o.
ey, Esri Japan, METI, Esri China
,-.an the- •I&User-eammunity-
Monroe Ave
'Y ll I I I
International Dr
24-37-23I CG-25-7
1'
.
v
K
° C rl u F1
F.
D
Jackson Ave
Sources: Esri,
HERE, GarminMaestic ,BIntermapAve, increment P Corp.,
jay
GEBC
m
r=
D =ti
D
, USGS, FAO, NPS, NRCAN, GeoBase,
I'GN,
UliI
Kadaster
.
•
NL, Ordnance Surv_,
J•LEsri Japan, METI, Esri China
}
.
--- f i. 1 V ) 5 •.er I
i (Hong Konc(c)
OpenStreetMap contributors, rciFthes iIS,vJser Cam.mu.n.i.ty
'LII
11fl'-
ad1
Rd
.r•a
Tyler Ave
FLI
1
1
1 Justamere Rd
I
'
i
I
1
. l
• IF
..
.
-37-23=CG-41-1
I
24-37-23-CG-41-4
a
Legend
— Roadways
m City of Cape Canaveral Boundary
•
- 24-37-23-CG-41-9
Q
a
24=37-23-CG-41-13
fc
1
Ord. 07-2021/Exhibit "A"
1
• -
•
i
`
Polk
Ave
Sources: Esri, HEEEaaarmin, Interma.p,_inc.r_e.nfl oirp4 4,EkBLO U.SL.S,_FAO_N.ES.,_N.RCA.N.,_GeaBa.se,_I_
glit
N, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri
hina
1 11 (Hong Kong) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 12
Subject: Ordinance No. 08-2021; adopting a City -initiated rezoning of several government owned
properties owned by the City of Cape Canaveral and currently being used as either public or
recreation uses within the jurisdictional limits of the City of Cape Canaveral; specifically changing
the Zoning Map designation of the properties generally referred to as City Hall Complex, City Fire
Station, and City properties located at 300 Washington Avenue (Bennix Park) and 8820 North
Atlantic Avenue (Wagner Park); from their respective current City Zoning designations to the City
"Public/Recreation" Zoning District designation; providing the properties subject to this Ordinance
are more particularly depicted and legally described on Exhibit "A" attached hereto; providing for
the repeal of prior inconsistent ordinances and resolutions, severability and a conditional effective
date, first reading
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply. Through this process, the City also identified zoning inconsistencies for
properties currently used as Conservation or Public/Recreation but zoned either residential or
commercial.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases,
beginning with the government -owned Conservation or Public/Recreation properties listed in the
attached Ordinance. Upcoming phases will include all or a part of the residentially developed
properties that are zoned commercial.
Ordinance No. 08-2021 proposes a City -initiated rezoning of property owned by the City of Cape
Canaveral. Specifically, the City Hall Complex, the City Fire Station, Bennix Park, and Wagner Park.
Background: A review of the City's historical maps shows that much of the zoning has not changed
since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's
primary north -south traffic artery and as such, commercial zoning was located along the route.
However, when State Road (SR) A1A (Astronaut Boulevard) was constructed, the traffic patterns
changed and the northern portion of North Atlantic Avenue no longer functioned as a primary
traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the
expansion of commercial uses, and commercial traffic, shifted to Astronaut Boulevard. Furthermore,
there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic to foster
a more pedestrian -friendly environment.
In the decades that followed the construction of SR A1A, the demand for residential uses continued
east of SR A1A. One of the actions the City took to address this shift in land use was to allow
(through the special exception process) residential development within the commercial zoning
districts. In addition to many single lots developed residentially, there are several residential
subdivisions zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas,
within the North Atlantic corridor. However, over time, this resulted in a patchwork of residential
and commercial uses throughout the corridor and, in many situations, incompatible uses were
located adjacent to one -another. This changed in 2016 (Ordinance No. 02-2016), when the City
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 12
Page 2 of 2
Council revised the City Code to remove residential development from the list of possible special
exception uses in the C-1 district.
In addition to residential, there are government -owned properties used for public purposes that
are inconsistent with their zoning and/or future land use designations.
Comprehensive Plan Considerations: A review of the Comprehensive Plan's Future Land Use (FLU)
Element revealed that while Public/Recreation and Conservation districts were established in the
Comprehensive Plan (POLICY LU-1.3.3), corresponding zoning districts were never established. As
a result, on November 19 2019, Ordinance No. 15-2019 was adopted by the City Council to establish
the Public/Recreation and Conservation zoning districts in the Code of Ordinances and brought the
City more in line with OBJECTIVE LU-1.3, which states that "the City shall work toward the
elimination or reduction of uses inconsistent with the community's character and future land uses."
The intent of the Public/Recreation zoning district is to "provide land for public facilities and active
recreation while preserving open space for enjoyment of nature." The Conservation zoning district
is to "preserve the natural environment and open space of certain areas deemed suited for
preservation while allowing for limited less -active recreational opportunities compatible with the
area." As an example, City Hall; the City's Wastewater Plant; Cherie Down Park and the Cape
Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park
and Manatee Park will be zoned Conservation. Generally, where one ordinance is being proposed,
the property only needs to be rezoned. Where two ordinances are proposed for a specific property,
both a rezoning and future land use amendment is needed.
The proposed Ordinance represents the first step in a comprehensive strategy to address the over
700 nonconforming properties in the City. Each parcel has been evaluated to determine its current
use, long-term sustainability and sound land planning principles. These changes provide consistent
designations for the affected properties in terms of land -use patterns and relationships.
At its December 9, 2020 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director:
David Dickey
Date: 01/12/2021
Attachment: Ordinance No. 08-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 08-2021, first reading.
Approved b Cit Manager: Todd Morle Date: 01/12/2021
1
2 ORDINANCE NO. 08-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF SEVERAL GOVERNMENT OWNED PROPERTIES
7 OWNED BY THE CITY OF CAPE CANAVERAL AND CURRENTLY
8 BEING USED AS EITHER PUBLIC OR RECREATION USES WITHIN
9 THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE
10 CANAVERAL; SPECIFICALLY CHANGING THE ZONING MAP
11 DESIGNATION OF THE PROPERTIES GENERALLY REFERRED TO
12 AS CITY HALL COMPLEX, CITY FIRE STATION, AND CITY
13 PROPERTIES LOCATED AT 300 WASHINGTON AVENUE
14 (BENNIX PARK) AND 8820 NORTH ATLANTIC AVENUE
15 (WAGNER PARK); FROM THEIR RESPECTIVE CURRENT CITY
16 ZONING DESIGNATIONS TO THE CITY "PUBLIC/RECREATION"
17 ZONING DISTRICT DESIGNATION; PROVIDING THE
18 PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE
19 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
20 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
21 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
22 SEVERABILITY AND A CONDITIONAL EFFECTIVE DATE.
23
24
25 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
26 State Constitution, to exercise any power for municipal purposes, except when expressly
27 prohibited by law; and
28
29 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
30 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning
31 designation to support properties that are used for public facilities and active recreation and
32 preservation of open space and enjoyment of nature; and
33
34 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
35 designation by initiating the rezoning of certain properties owned by the City of Cape Canaveral
36 so these properties have a "Public/Recreation (Pub/Rec)" zoning designation on the City of Cape
37 Canaveral's Official Zoning Map; and
38
39 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
40 establishes a future land use category for Public and Recreation Facilities and Conservation and
41 the real properties subject to this Ordinance are simultaneously having their respective
42 Comprehensive Plan Future Land Use Map classification changed to "Pub/Rec -
City of Cape Canaveral
Ordinance No. 08-2021
Page 1 of 3
1 Public/Recreation;" and
2
3 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
4 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
5 and
6
7 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
8 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and
9
10 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
11 hearing on the proposed zoning change set forth hereunder and considered findings and advice
12 of staff, citizens, and all interested parties submitting written and oral comments and supporting
13 data and analysis, and after complete deliberation, hereby finds the requested zoning change
14 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
15 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
16 change set forth hereunder; and
17
18 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
19 government purpose and is in the best interests of the public health, safety, and welfare of the
20 citizens of Cape Canaveral, Florida.
21
22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
23 ORDAINS, AS FOLLOWS:
24
25 Section 1. Recitals. The foregoing recitals are true and correct and are fully
26 incorporated herein by this reference.
27
28 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
29 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
30 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for each of the real
31 properties depicted and legally described on Exhibits "A" which is attached and incorporated
32 herein by this reference. City staff is hereby directed to promptly amend the City's Official
33 Zoning Map upon the effective date of this Ordinance.
34
35 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
36 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
37 the Official Records of Brevard County, Florida.
38
39 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
40 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
41 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
42
City of Cape Canaveral
Ordinance No. 08-2021
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become effective
8 immediately upon the effective date of Ordinance 07-2021 as adopted by the City Council of the
9 City of Cape Canaveral, Florida. If Ordinance 07-2021 does not become effective, then this
10 Ordinance shall become null and void.
11
12
13 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
14 , 2021.
15
16
17 Bob Hoog, Mayor
18
19 ATTEST: For Against
20
21 Mike Brown
22
23 Mia Goforth, CMC Robert Hoog
24 City Clerk
25 Mickie Kellum
26
27 Wes Morrison
28
29 Angela Raymond
30 First Reading: January 19, 2021
31 Advertisement: November 19, 2020
32 Second Reading:
33
34
35 Approved as to legal form and sufficiency
36 for the City of Cape Canaveral only by:
37
38
39 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 08-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 08-2021
List of Properties being Rezoned to Public/Recreation (PUB/REC)
City Hall Complex:
24-37-23-CG-41-9 (approx..57 acres) — 100 Polk Avenue
24-37-23-CG-41-1 (approx..43 acres) - Not assigned
24-37-23-CG-41-4 (approx..14 acres) - Not assigned
24-37-23-CG-41-13 (approx..02 acres)- 110 Polk Ave
City Fire Station:
24-37-23-CG-25-7 (approx..58 acres) — Not assigned
Other City Properties:
24-37-23-00-308 (approx. .61 acres) — 300 Washington Ave
24-37-14-27-*A.02 (approx..22 acres) — 8820 N. Atlantic Ave
NOTES: 1. Rezoning Ordinance 08-2021 is conditioned upon Ordinance 07-2021 (FLUM) becoming
effective.
2. Acreages and Addresses taken from the Brevard County Property Appraiser's website data
base.
o.S`ae P,e
Q `y`ae 1 orA'4a '4 ,e
Exhibit "A"
Ordinance 08-2021
Seaport Blvd
err
` Q
7 Iti c,
24-37-14-2T*-A.02
F F- ;— * Southgate Mobile Homesti . ti
:i i te Y .ter %'
AM 1
IOIL.
bey
II
J7■ i1..'
' fq
6.
Southgate Mobile Homes
Beach Park Ln
—
Anchorage Ave' 1"'--"" ""
'.• MI
r
I. PEml N■FrIv
Coral Dr
e
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS FAO, NPS, NRCA` H .if cG/e,o ase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
g Kong), (c) OpenStreetMap contributors, and the GIS User Community
24-37-23-00-308
N
a'
' Washingt8n1Ave' I •
I I
.1 Iii, .1 .11 111 11:
I I J'lee
.a lip
I Q
o c
Sources: Esri, HERE, Garmin,
Intermap, increment P Corp., GEBGO,
— 1-1 \_
`6 D
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Sur
(Hong Ko1Tg), (c) OpenStreetMa o_2e -ibuto.
ey, Esri Japan, METI, Esri China
,-.an the-G.l&61ser-eammunity-
Monroe Ave
- 1 1
International Dr
24-37-23-CG-25-7
vN
K
° C rl I F'...1
D
Jackson Ave
Sources: Esri,
HERE, GarminMaestic ,BIntermapAve, increment P Corp.,
jay
GEBC
m
r=
D =ti
D
, USGS, FAO, NPS, NRCAN, GeoBase,
I'GN,
UliI
Kadaster
.
•
NL, Ordnance Surv_'
J•LEsri Japan, METI, Esri China
}
.
--- f i. 1 V ) 5 • 'r I
i (Hong Konc(c)
OpenStreetMap contributors, rciFthes iIS,vJser Cam.mu.niEty
' L I
3
1 lilt
a
d1
Rd
.r•a
Tyler Ave
FLI
. 1 re t ..elRr,
°Q7J7J
l -
I
1 ..
+
24-37-23
CG-41-1
2-037-23 ICG-41-4
\a
Legend
— Roadways
M City of Cape Canaveral Boundary'
•
¢
24-37;2.3fCG'-'41-9
z
24-37-23-CG-41-13
''
a
i
Ord. 08-2021/Exhibit "A"
.-
•
`
Polk
Ave
Sources: Esri, HEEEaaarmin, Interrna.p,_inc.r_e.de: oirp4 4,EkBLO U.SL.S,_FAO_N.ES.,_N.RCA.N.,JeaBa.se,_I_
glit
N, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri
hina
(Hong Kong) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 13
Subject: Ordinance No. 09-2021; amending Chapter 78, Article II. — Sanitary Sewer System related
to the administrative enforcement of the provisions stated therein; providing for the clarification of
applicable penalties; providing for the use of a Special Magistrate for administrative proceedings
involving violations by industrial and commercial users of the City's sewer system; providing for
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability
and an effective date, first reading.
Department: Community and Economic Development
Summary: Chapter 78 of the City Code establishes regulations related to the use of the City's
wastewater system. Article II of said Chapter spells out the administrative enforcement procedures
for violations to include specific penalties.
As currently established, if the City Manager determines that a wastewater system user is violating
standards established in Chapter 78, that user is served written notice of violation and within 10
days must submit a detailed statement to include measures to prevent future occurrences. If the
City Manager is satisfied that the user has brought use of the system into compliance with Code,
he may enter into a consent order detailing specific action to be taken to correct the noncompliance
and set forth charges for damages to the City system. If the required consent order is not entered
into within the allotted time, a Code Enforcement case may be brought before the City Council at
which time the user is required to show cause why service should not be terminated.
As indicated above, Code Enforcement actions arising under Chapter 78 are currently considered
by the City Council. Due to the technical, evidentiary nature of hearings sanctioned under Chapter
78, and to take advantage of the specialized expertise of the City's Special Magistrate (Magistrate),
the attached Ordinance proposes to delegate enforcement hearing responsibilities to the
Magistrate. Appeals to a Chapter 78 Code Enforcement order will continue to be considered by the
Circuit Court of Brevard County.
In addition, the proposed Ordinance spells out that Chapter 78 provides for specific penalties in
addition to other penalties provided by applicable law as well as clarifies the administrative
enforcement procedure in Sec. 78-59 paragraphs (a) and (b).
Submitting Department Director: David Dickey Date: 01/11/2021
Attachment:
Ordinance No. 09-2021
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 09-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/11/2021
1 ORDINANCE NO. 09-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 78, ARTICLE II. —
5 SANITARY SEWER SYSTEM RELATED TO THE ADMINISTRATIVE
6 ENFORCEMENT OF THE PROVISIONS STATED THEREIN; PROVIDING
7 FOR THE CLARIFICATION OF APPLICABLE PENALTIES; PROVIDING
8 FOR THE USE OF A SPECIAL MAGISTRATE FOR ADMINISTRATIVE
9 PROCEEDINGS INVOLVING VIOLATIONS BY INDUSTRIAL AND
10 COMMERCIAL USERS OF THE CITY'S SEWER SYSTEM; PROVIDING
11 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
12 RESOLUTIONS, 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, Chapter 78, Article II of the City Code sets forth detailed regulations regarding
20 the use of the City's sewer system including by industrial and commercial users; and
21
22 WHEREAS, the Chapter 78, Article II of the City Code provides for the administrative
23 enforcement of the provisions set forth therein and specific penalties for violations of the Code;
24 and
25
26 WHEREAS, the City Council more recently appointed a special magistrate with specialized
27 expertise in general procedures to serve as the hearing officer for adjudicating code enforcement
28 cases; and
29
30 WHEREAS, the City Council recognizes that Chapter 78 currently requires the City Council
31 to hear code enforcement cases brought under said Chapter against industrial or commercial
32 users; however, given the appointment of a special magistrate with specialized expertise, the City
33 Council now desires to delegate said enforcement hearing responsibilities under Chapter 78 to
34 the special magistrate in a similar manner previously delegated by the City Council for other code
35 enforcement cases; and
36
37 WHEREAS, the City Council also desires to amend Chapter 78, Article II of the City Code
38 to clarify that said Chapter provides for specific penalties in addition to other penalties that may
39 be provided by applicable law; 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
43 Cape Canaveral.
City of Cape Canaveral
Ordinance No. 09-2021
Page 1 of 6
1
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
3 ORDAINS, AS FOLLOWS:
4 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
5 this reference as legislative findings and the intent and purpose of the City Council of the City of
6 Cape Canaveral.
7
8 Section 2. Amending Chapter 78 Sanitary Sewer System. The City of Cape
9 Canaveral Code of Ordinances, Chapter 78, Article II. — Sanitary Sewer System is hereby created as
10 set forth below (underlined type indicates additions and strikeout type indicates deletions, while
11 *** indicate deletions from this Ordinance of said Chapter, Article and Division that shall remain
12 unchanged in the City Code):
13
14 CHAPTER 78 UTILITIES
15
16 ***
17
18 ARTICLE II. SANITARY SEWER SYSTEM
19
20 DIVISION 1. - GENERALLY
21
22 Sec. 78-26. - Penalty.
23
24 Any person violating this article shall be punished as provided in this article and under other
25 applicable law section 1 15. Any failure or refusal by an owner to connect to the city sewer system
26 after notification to do so or any failure or refusal to pay the charges or rates shall be construed
27 to be a violation of this article. Each day such violation continues shall be considered a separate
28 offense and subject to the penalties prescribed in this section.
29
30 ***
31
32 DIVISION 2. — Industrial and Commercial Use
33
34 ***
35
36 Sec. 78-51. - Definitions.
37
38 The following words, terms and phrases, when used in this division, shall have the meanings
39 ascribed to them in this section, except where the context clearly indicates a different meaning:
40
41 ***
City of Cape Canaveral
Ordinance No. 09-2021
Page 2 of 6
1 Special magistrate means a special magistrate appointed pursuant to section 2-261 of the City
2 Code.
3
4 ***
5
6 Sec. 78-59. - Administrative enforcement procedures.
7
8 (a) Except for emergency situations as described in section 78-58, whenever the city manager
9 determines that a user has violated or is violating this division, the city manager shall serve a
10 written notice of violation upon the user. Notice shall be either served personally on the user
11 or by certified mail, return receipt requested, and shall be deemed served when either
12 personally delivered to the user or deposited in the United States mail. Within ten days of
13 receipt of the notice of violation, the user shall submit a detailed statement describing the
14 harmful contribution and the measures taken to prevent future occurrences, or if the violation
15 is such that it cannot be remedied within ten days because improvements cannot be made
16 by the user within that time period, a written action plan to complete the improvements
17 within a time schedule deemed reasonable and acceptable to the city manager. This
18 subsection does not relieve the user of liability for any violation occurring before or after
19 receipt of the notice of violation.
20 (b) If the city manager is satisfied that the user has brought use of the system into compliance
21 with this division, or the user has submitted an acceptable written action plan to remedy the
22 violation within a reasonable time period approved by the city manager, he may enter into a
23 consent order with the user, detailing the specific action taken or to be taken to correct the
24 noncompliance and setting forth any charges for damages to the system to be reimbursed
25 to the city. AM administrative fines assessed against the city because of the user's
26 noncompliance shall be part of the consent order and shall be reimbursed to the city by the
27 user. The consent order shall have the same effect as administrative orders and may be
28 judicially enforced as provided in section 78-61.
29 (c) If the violation continues beyond the time period set forth in the notice of violation and no
30 consent order is entered into, the city manager shall serve notice upon the user, requiring the
31 user to show cause before the special magistrate city council why service should not be
32 terminated. Notice of the hearing shall be served on the user specifying the time and place
33 for the meeting, the proposed enforcement action, reasons for the actions and a request that
34 the user show cause why this proposed enforcement action should not be taken. Notice of
35 the hearing shall be served personally upon the user or by certified mail, return receipt
36 requested, and shall be deemed served when either personally delivered to the user or
37 deposited in the United States mail. The notice of the hearing shall be at least ten days prior
38 to the hearing.
City of Cape Canaveral
Ordinance No. 09-2021
Page 3 of 6
1 (d) At the show cause hearing as provided for in subsection (c) of this section, all testimony shall
2 be under oath and shall be recorded. Testimony shall be taken from the city manager or his
3 designee and the user. Formal rules of evidence shall not apply, but fundamental due process
4 shall be observed and shall govern the proceedings. The special magistrate city council may
5 take immediate enforcement action as provided in this division, whether or not the user
6 appears at the show cause hearing.
7 (e) At the conclusion of the hearing, the special magistrate city council shall issue findings of
8 fact, based on the evidence of record and conclusions of law, and shall issue an order
9 affording the proper relief consistent with the powers granted in this division. The findings
10 shall be by motion approved by a majority of those members present and voting, except at
11 least three members of the city council must vote affirmatively in order for the motion to
12 pass. The order may include a notice that it must be complied with by a specified date and
13 that a fine may be imposed if the order is not complied with by such date. A certified copy of
14 the order may be recorded in the public records of the county and shall constitute notice to
15 any subsequent purchasers, successors in interest or assigns of the user.
16 (f) The user may appeal an order of the special magistrate city council to the circuit court of the
17 county. Such appeal will not be a hearing de novo, but shall be limited to appellate review of
18 the record created before the special magistrate city council. An appeal shall be filed within
19 30 days of the city council's special magistrate's order.
20 Sec. 78-60. - Administrative penalties.
21
22 (a) As provided in this division, upon notification by the city manager or his designee that the
23 order of the special magistrate city council has not been complied with by the time set or
24 upon finding that a repeat violation has been committed, the special magistrate city council
25 may order the violator to pay a fine in an amount specified in this section for each day the
26 violation continues past the date set by the special magistrate city council for compliance or,
27 in the case of a repeat violation, for each day the repeat violation continues past the date of
28 notice to the violator of the repeat violation. If a finding of violation or a repeat violation has
29 been made, a hearing shall not be necessary for issuance of the order imposing the fine.
30 (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation
31 and shall not exceed $500.00 per day for a repeat violation. In determining the amount of the
32 fine, if any, the special magistrate city council shall consider the following:
33 (1) The gravity of the violation;
34 (2) Any action taken by the violator to correct the action; or
35 (3) Any previous violations committed by the violator.
36 (c) In addition to the amounts of the fine set forth in subsection (b) of this section, the fine may
37 also include the amount, if any, which local, state or federal officials fine the city due to the
City of Cape Canaveral
Ordinance No. 09-2021
Page 4 of 6
1 violation committed by the violator, plus the cost of repairing the damage, if any, caused by
2 the violator to the system. The violator may be fined these additional amounts whether or
3 not he comes into compliance with the city council's special magistrate's order within the
4 time set therein.
5 (d) The city council special magistrate may reduce a fine imposed pursuant to this section.
6 (e) A certified copy of the city council's special magistrate's order imposing a fine may be
7 recorded in the public records of the county, as provided for code enforcement board orders
8 in F.S. § 162.09(3), and shall have the same legal effect as a code enforcement board order.
9 (f) No lien, as provided under this section, shall continue for a period longer than 20 years after
10 the certified copy of an order imposing a fine has been recorded, unless within that time an action
11 to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to
12 foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable
13 attorney's fee, that the party incurs in the foreclosure. The continuation of the lien effected by the
14 commencement of the action shall not be good against creditors or subsequent purchasers for
15 valuable consideration without notice, unless a notice of lis pendens is recorded.
16
17 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
18 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
19 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
20
21 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
22 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
23 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
24 and like errors may be corrected and additions, alterations, and omissions, not affecting the
25 construction or meaning of this ordinance and the City Code may be freely made.
26
27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
28 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
29 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
30 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
31 the validity of the remaining portions of this Ordinance.
32
33 Section 6. Effective Date. This Ordinance shall become effective immediately upon
34 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
35 Charter.
36
37 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
38 February, 2021.
39
City of Cape Canaveral
Ordinance No. 09-2021
Page 5 of 6
1
2
3
4
5
6
7
8
9
10
11 Bob Hoog, Mayor
12
13
14
15
16 ATTEST: For Against
17
18 Mike Brown
19
20 Mia Goforth, CMC Robert Hoog
21 City Clerk
22 Mickie Kellum
23
24 Wes Morrison
25
26 Angela Raymond
27
28
29 First Reading: January 19, 2021
30 Advertisement:
31 Second Reading:
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 09-2021
Page 6 of 6
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 19, 2021
AGENDA ITEM SUMMARY • ITEM # 14
Subject: Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental registration;
requiring inspections; specifying duties of vacation rental owners and allowing agents; providing
for maximum occupancy; providing limited exceptions for pre-existing contracts; providing
requirements of vacation rental owners and agents related to sexual predators and offenders;
requiring provisions for providing and posting safety information for occupants of vacation rentals;
providing restrictions related to accessory structures; providing enforcement; providing for other
miscellaneous provisions; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date.
Department: Community & Economic Development
Summary: Since approximately the late 1980s, the City of Cape Canaveral has had a minimum
seven (7) consecutive day rental restriction on residential property, the substance of which is
contained in Sec.110-487 of City Code, and which was upheld in Royal Mansions Condominium
Association, Inc. v. City of Cape Canaveral, Case No. 89-16393-CA-N.
In 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws of Florida), amending
the statute to read "[a] local law, ordinance, or regulation may not prohibit vacation rentals, or
regulate the duration or frequency of rental of vacation rentals, This paragraph does not apply to
any local law, ordinance, or regulation adopted before June 1, 2011." Since the City had previously
adopted rules applicable to vacation rentals, the City's seven (7) consecutive day vacation rental
restriction is currently grandfathered and exempt from State preemption.
Since the City last revised its Code related to vacation rentals, growth of this industry — both
nationally and in the City - has dramatically increased. It is reported that the vacation market in the
U.S. has grown more than 100 percent in the past three (3) years as evidenced by the doubling of
the number of Airbnb-style units, year -on -year. In fact, the City has experienced a 136% increase in
bookings year -over -year. This growth is particularly alarming in the City of Cape Canaveral where
we currently have 1,609 residential, non -homesteaded properties, which comprise approximately
43 percent of the total residential properties.
Although this growth has provided economic benefits — particularly to vacation rental owners - the
City Council, as well as the City's full-time residents, are faced with the challenges associated with
transient rentals. Even with regulations, vacation rentals can disrupt the character of predominantly
full-time residential neighborhoods and create negative compatibility impacts, including excessive
and/or late night noise, parking violations, increased instances of police and code enforcement calls
for service and accumulation of trash, as well as impacts to public health, safety and welfare.
Monitoring and enforcement of these impacts has historically been difficult for Staff. Practical
enforcement requires a continuously updated registration database for vacation rentals and
continuous monitoring of the various websites utilized by vacation rental owners for bookings. This
requires sophisticated "web -crawling" tools which the City does not possess.
Furthermore, based on practical, first-hand observation, long-term experiences, information
learned from residents, City Staff, law enforcement and information from the U.S. Census, the City
Council finds that:
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 14
Page 2 of 4
1. Non -transient residents residing within their residential dwellings are inherently familiar
with the local surroundings, local weather disturbances, local hurricane evacuation plans,
and means of egress from their residential dwellings, thereby minimizing potential risks to
themselves and their families.
2. In contrast, transient occupants of vacation rentals, due to their transient nature, are typically
not familiar with local surroundings, local weather disturbances, local hurricane evacuation
plans, and means of egress from the vacation rentals in which they are staying, thereby
increasing potential risks to themselves and their families, and putting an additional burden
on, and potentially putting at risk, emergency personnel in the event of any emergency
situation.
3. Several hundred vacation rental units are likely located within residential zoning districts of
the City of Cape Canaveral.
4. Vacation rentals, left unregulated, can create negative impacts within a residential
neighborhood due to excessive noise, parking and traffic problems, excessive use and
impact on public services and public works and greater occupancy than surrounding owner
occupied houses and in some instances even exceed the maximum occupancy limits under
the International Property Maintenance Code.
5. Vacation rentals situated within a residential neighborhood can disturb the quiet nature and
atmosphere of the residential neighborhood, and the quiet enjoyment of its residents.
6. Vacation Rentals located within established residential neighborhoods can create negative
compatibility impacts relating to extreme noise levels, late night activities, on -street parking
issues and traffic congestion.
7. According to the 2010 U.S. Census, the City of Cape Canaveral has an average household
size of 1.76 persons, an average household size of owner -occupied units of 1.72 persons,
and an average household size of renter -occupied units of 1.8 persons.
8. Vacation rentals situated in a residential neighborhood can and do create a great disparity
in occupancy significantly above the average household size within Cape Canaveral.
Although Florida Law preempts a municipality from either prohibiting vacation rentals or regulating
the duration or frequency of rental of vacation rentals after June 1, 2011, the Florida Attorney
General and several Courts have recognized that a municipality still possesses the authority to enact
other kinds of regulations affecting vacation rentals including, but not limited to, registration
requirements, maximum occupancy, building, fire and safety inspection and signage. Furthermore,
the Florida Attorney General has opined that accessory structures used for sleeping purposes that
do not constitute a dwelling unit or house do not constitute a vacation rental and therefore, a
municipality may prohibit such structures from being independently rented out (Florida AGO 2018-
06).
Given the aforementioned facts and findings, the City Attorney has prepared the attached
Ordinance to adopt additional vacation rental regulations. Highlights of the Ordinance include:
1. Prior to initiating operation of a property as a vacation rental, a vacation rental owner shall
annually register the unit with the City. A separate registration shall be required for each
rental unit. The application for registration shall include:
a. A City -promulgated application form.
b. Payment of applicable nonrefundable fee (to be established by a subsequent resolution).
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 14
Page 3 of 4
c. A copy of the Florida Department of Business and Professional Regulation license (if
applicable).
d. Evidence or current account with Brevard County for the purpose of collecting tourist
development taxes.
e. Evidence of current certificate of registration with the Florida Department of Revenue for
the purposes of collecting sales surtaxes, transient rental taxes, and any other taxes as
applicable.
f. Copy of the current City business tax receipt.
g. Exterior site sketch, indicating off-street parking.
h. Interior site sketch.
A registration can be transferred when the ownership is sold or otherwise transferred.
2. A maximum overnight occupancy of a vacation rental shall be two (2) occupants per
bedroom, plus two (2) additional occupants per unit, excluding children under the age of six
(6) years old, subject, however, to a maximum occupancy of:
a. Eight (8) occupants per dwelling unit or house not exceeding 2,000 square feet under
enclosed air/roof;
b. Ten (10) occupants per dwelling unit or house between 2,001 and 3,000 square feet under
enclosed roof/air;
c. Twelve (12) occupants per dwelling unit or house between 3,001 square feet and 4,500
square feet under enclosed roof/air;
d. Fourteen (14) occupants per dwelling unit or house over 4,500 square feet under enclosed
roof/air.
Maximum occupancy limits shall not apply when the vacation rental is being physically
owner -occupied.
3. Establishes minimum safety and information notice requirements to be posted in a
prominent, conspicuous location in each vacation rental unit.
4. Establishes an annual inspection requirement for all vacation rental units to verify compliance
with applicable rules and regulations.
5. Establishes duties of vacation rental owners to include:
a. Registering a contact phone number which shall be monitored on a twenty-four (24) hour
a day, seven (7) days a week basis.
b. Be present at the annual vacation rental inspection.
c. Maintain for three (3) years, a log of all bookings of the vacation rental including dates
of each rental and number of occupants.
d. Inquiry prior to check -in, if any intended occupant is a sexual offender/predator and if
so, the Brevard County Sheriff's Office shall be immediately notified.
6. It shall be unlawful for an owner to independently rent or lease an accessory structure as a
vacation rental used for sleeping.
Because of the difficulty enforcing vacation rentals, as previously discussed, Staff will present to City
Council a draft three-year Agreement with Host Compliance, a Division of Granicus, for vacation
rental registration and compliance. The service utilizes "web -crawling" to continually monitor and
report on the compliance profile for each vacation rental property. Evidence gathered on violations
will greatly assist the code enforcement process.
City of Cape Canaveral
City Council Meeting • January 19, 2021
Agenda Item # 14
Page 4 of 4
Implementation of the program is a priority, as has been expressed by the City Council. Accordingly,
the Public Hearing schedule has been compressed/rearranged. Implementation of the vacation
rental program is proposed as follows:
• January 19, 2021 Council Meeting — 1st reading of Registration Ordinance
• January 27, 2021 Planning and Zoning Board Meeting — any amendment to the City's Land
Development Regulations (Chapter 110) must be considered by the Planning and Zoning
Board prior to adoption
• February 16, 2021 Council Meeting — 2nd reading of Registration Ordinance/Approval of
Granicus/Host Compliance Agreement/Fee Resolution
• February 2021 — notice to vacation rental owners of Registration Ordinance by Host
Compliance.
• March 1, 2021 effective date. Possibly provide 90-day registration deadline for vacation
rental owners.
Submitting Department Director: David Dickey 01/12/2021
,teDate:
Attachment:
Ordinance No. 10-2021
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo\ Date: 01/12/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 10-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/12/2021
1 ORDINANCE NO. 10-2021
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
3 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
4 SECTION 110-486 OF THE CITY CODE REGULATING VACATION
5 RENTALS; MAKING FINDINGS OF FACTS; PROVIDING FOR
6 DEFINITIONS; REQUIRING VACATION RENTAL REGISTRATION;
7 REQUIRING INSPECTIONS; SPECIFYING DUTIES OF VACATION
8 RENTAL OWNERS AND ALLOWING AGENTS; PROVIDING FOR
9 MAXIMUM OCCUPANCY; PROVIDING LIMITED EXCEPTIONS
10 FOR PRE-EXISTING CONTRACTS; PROVIDING REQUIREMENTS
11 OF VACATION RENTAL OWNERS AND AGENTS RELATED TO
12 SEXUAL PREDATORS AND OFFENDERS; REQUIRING
13 PROVISIONS FOR PROVIDING AND POSTING SAFETY
14 INFORMATION FOR OCCUPANTS OF VACATION RENTALS;
15 PROVIDING RESTRICTIONS RELATED TO ACCESSORY
16 STRUCTURES; PROVIDING ENFORCEMENT; PROVIDING FOR
17 OTHER MISCELLANEOUS PROVISIONS; PROVIDING FOR THE
18 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
19 RESOLUTIONS, INCORPORATION INTO THE CODE,
20 SEVERABILITY AND AN EFFECTIVE DATE.
21
22 WHEREAS, Section 509.013, Florida Statutes, provides a distinction between "transient
23 public lodging establishments," which are rented, or advertised or held out for rental to guests
24 more than three times in a calendar year for periods of less than thirty (30) days or one (1) calendar
25 month, whichever is less; and "non -transient public lodging establishments," which are rented, or
26 advertised or held out for rental to guests for periods of at least thirty (30) days or one (1) calendar
27 month, whichever is less; and
28 WHEREAS, Section 509.242(1)(c), Florida Statutes, further provides for a subset of
29 transient public lodging establishments, called "vacation rental" which is any unit or group of units
30 in a condominium or cooperative or any individually or collectively owned single-family, two-
31 family, three-family or four -family house or dwelling that is also a transient public lodging
32 establishment, but that is not a timeshare project; and
33 WHEREAS, it is the intent of this Chapter to regulate vacation rentals defined by Florida
34 Statutes, as well as other transient public lodging establishments that do not have on -site
35 management, which are located in residential zoning districts of the City of Cape Canaveral, which
36 is referred to herein as "Vacation Rentals;" and
City of Cape Canaveral
Ordinance No. 10-2021
Page 1 of 16
1 WHEREAS, in 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws
2 of Florida), amending the same statute to read "[a] local law, ordinance, or regulation may not
3 prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals. This
4 paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1,
5 2011;" and
6 WHEREAS, since approximately the late 1980s, the City of Cape Canaveral has had a
7 minimum seven (7) consecutive day rental restriction on residential property, the substance of
8 which is currently set forth in Section 110-487 of the City Code, and that durational restriction was
9 upheld in Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, case No. 89-
10 16393-CA-N; and
11 WHEREAS, the City Council recognizes that the City's seven (7) consecutive day vacation
12 rental restriction in residential areas is currently grandfathered and exempt from the state
13 preemption set forth in Section 509.032(7)(b), Florida Statutes; and
14 WHEREAS, although Section 509.032(7)(b) preempts a municipality from either
15 prohibiting vacation rentals or regulating the duration or frequency of rental of vacation rentals
16 after June 1, 2011, the Florida Attorney General and several courts have recognized that a
17 municipality still possesses the authority to enact other kinds of regulations affecting vacation
18 rentals including, but not limited to, registration requirements, maximum occupancy, building, fire
19 and safety inspections and signage. See, e.g., Fla. AGO 2016-12; Fla. AGO 2014-09; Eisenberg v.
20 City of Miami Beach, 1 F.Supp.3d 1327 (U.S. S.D. of Fla., March 3, 2014); and
21 WHEREAS, the City Council also recognizes and relies upon the Florida Attorney General's
22 opinion that accessory structures used for sleeping purposes that do not constitute a dwelling
23 unit or house do not constitute a vacation rental and therefore, a municipality may prohibit such
24 structures from being independently rented out. See Fla. AGO 2018-06; and
25 WHEREAS, the City of Cape Canaveral has a significant number of long established
26 residential neighborhoods, and if left unregulated, vacation rentals can create negative
27 compatibility impacts on residential neighborhoods, including disruption of the character of
28 residential neighborhoods, excessive noise, parking that overwhelms use by local residents,
29 increased instances of police and code enforcement calls for service and accumulation of trash,
30 as well as diminished public health, safety and welfare; and
31 WHEREAS, for purposes of protecting the character of existing residential neighborhoods
32 in the City from disruptive and incompatible uses and protecting the health, safety and welfare of
33 the community, the City Council desires to enact additional regulations pertaining to vacation
34 rentals while, at the same time, respecting law-abiding resident's opportunity to safely offer and
35 use their dwellings as vacation rentals in a manner that is consistent with state and local law and
City of Cape Canaveral
Ordinance No. 10-2021
Page 2 of 16
1 any applicable private covenants and compatible with the residential character of the surrounding
2 neighborhood; and
3 WHEREAS, considering the unique nature of the vacation rental market, the purpose of
4 these regulations is also to promote compliance with the City Code by vacation rental unit owners
5 and their guests including, but not limited to, regulations pertaining to the minimum seven (7)
6 consecutive day requirement, parking, noise, maximum occupancy and inspections; and
7 WHEREAS, these regulations are also intended to protect renter safety; and
8 WHEREAS, based on information gleaned from the practical first-hand experience and
9 observations of the City Council, common sense deduction of the City Council based on long term
10 experiences in the City of Cape Canaveral, information learned by City Council from various
11 residents, City Staff and law enforcement, and information from the U.S. Census, the City Council
12 finds:
13 (1) Non -transient residents residing within their residential dwellings
14 are inherently familiar with the local surroundings, local weather disturbances, local
15 hurricane evacuation plans, and means of egress from their residential dwellings,
16 thereby minimizing potential risks to themselves and their families.
17 (2) In contrast, transient occupants of vacation rentals, due to their
18 transient nature, are typically not familiar with local surroundings, local weather
19 disturbances, local hurricane evacuation plans, and means of egress from the
20 vacation rentals in which they are staying thereby increasing potential risks to
21 themselves and their families, and putting an additional burden on, and potentially
22 putting at risk, emergency personnel in the event of any emergency situation.
23 (3) Several hundred vacation rental units are likely located within
24 residential zoning districts of the City of Cape Canaveral.
25 (4) Vacation rentals, left unregulated, can create negative impacts
26 within a residential neighborhood due to excessive noise, parking and traffic
27 problems, excessive use and impact on public services and public works and
28 greater occupancy than surrounding owner occupied houses and in some
29 instances even exceed the maximum occupancy limits under the International
30 Property Maintenance Code.
31 (5) Vacation rentals situated within a residential neighborhood can
32 disturb the quiet nature and atmosphere of the residential neighborhood, and the
33 quiet enjoyment of its residents.
City of Cape Canaveral
Ordinance No. 10-2021
Page 3 of 16
1 (6) Vacation Rentals located within established residential
2 neighborhoods can create negative compatibility impacts relating to extreme noise
3 levels, late night activities, on -street parking issues and traffic congestion.
4 (7) According to the 2010 U.S. Census, the City of Cape Canaveral has
5 an average household size of 1.76 persons, an average household size of owner-
6 occupied units of 1.72 persons, and an average household size of renter -occupied
7 units of 1.8 persons.
8 (8) Vacation rentals situated in a residential neighborhood can and do
9 create a great disparity in occupancy significantly above the average household
10 size within Cape Canaveral; and
11 WHEREAS, according to Airbnb statistics, the City of Cape Canaveral was one of the most
12 popular destinations in the year 2020, based on a 136% increase in bookings year -over -year, and
13 such increase has contributed to some of the increased adverse secondary effects caused by
14 vacation rentals primarily within residential neighborhoods and on City services, and given the
15 increase in adverse secondary effects, the City Council finds that there is a legitimate government
16 interest at this time to adopt additional vacation rental regulations as more specifically set forth
17 in this Ordinance; and
18 WHEREAS, the City's Planning & Zoning Board has reviewed and made a
19 recommendation regarding this Ordinance at a duly held public meeting as required by law; and
20 WHEREAS, the City Council hereby finds this Ordinance to be in the best interests of the
21 public health, safety and welfare of the citizens of Cape Canaveral.
22 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
23 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
24 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
25 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
26 Canaveral.
27 Section 2. Amendment of Section 110-486. Section 110-486 of the City Code of
28 Ordinances is hereby amended to read as follows (underlined type are additions and strikeout
29 type are deletions):
30 Sec. 110-486. — Vacation rentals.
31 Nothing contained in thc City Codc shall be construed as prohibiting thc use of any
32 dwelling unit as a "vacation rental," as defined by F.S. ch. 509. Vacation rentals shall comply with
33 the minimum seven day rental restriction pursuant to section 110 1187 of the City Code and shall
34 be governed by F.S. ch. 509, the Florida Building Codc and the Florida Fire Prevention Codc.
City of Cape Canaveral
Ordinance No. 10-2021
Page 4 of 16
1
(a) Authority, Scope and Purpose.
2 (1) This section is enacted under the home rule power of the City of
3 Cape Canaveral in the interest of the health, peace, safety and general welfare, and
4 to preserve the quiet nature and atmosphere of residential areas, and to ensure
5 that the City's residents have the opportunity to maintain tranquility and peaceful
6 enjoyment of their neighborhoods. This section shall be liberally construed to
7 accomplish its purpose of regulating vacation rentals, protecting the residential
8 character of the City of Cape Canaveral, the health, safety, and general welfare of
9 its residents and visitors, and the quiet enjoyment by the City of Cape Canaveral's
10 residents of their residential property.
11 (2) This section is also enacted to better inform and protect transient
12 occupants of vacation rentals by requiring vacation rental owners to conspicuously
13 post minimum information related to health and safety and applicable local
14 regulations.
15 (3) The maximum overnight occupancy limits for vacation rental units
16 established herein are enacted to mitigate against the potential harms caused by
17 the unsafe overcrowding of vacation rentals by overnight transient occupants, as
18 well as the incompatible nature of overcrowded transient vacation rentals with
19 existing residential neighborhoods which statistically have a much lower average
20 household size based on U.S. Census data.
21 (4) This section does not prohibit vacation rentals, nor regulate the
22 duration or frequency of rental of vacation rentals, nor is it the intention of the City
23 of Cape Canaveral to do so, but rather this section is intended to address life safety
24 and compatibility concerns in the interests of the health, peace, safety, and general
25 welfare.
26 (5) Nothing contained in this section is intended to amend or repeal
27 the minimum seven (7) consecutive day rental restriction set forth in Section 110-
28 487 of the City Code which was enacted by the City prior to the statutory
29 preemption date of June 1, 2011 under Section 509.032 (7)(b), Florida Statutes.
30 Section 110-487 shall remain in full force and effect.
31 (6) Notwithstanding any other provision of this section, pre-existing
32 contracts are exempt from the provisions of this section. If a vacation rental is cited
33 for a violation of the provisions herein, when the vacation rental is occupied under
34 the terms of a pre-existing contract, the vacation rental owner may raise the pre-
35 existing contract as an affirmative defense and defend such violation based on the
36 fact that the vacation rental was exempt from applicable provisions of this section
City of Cape Canaveral
Ordinance No. 10-2021
Page 5 of 16
1 due to it being occupied pursuant to a pre-existing contract, provided the fact
2 finder determines by competent substantial evidence that the contract exists and
3 satisfies the definition of pre-existing contract. A pre-existing contract may not be
4 raised as an affirmative defense to an alleged violation of any other provision of
5 the City Code outside of this section.
6
7
8
(b) Definitions.
The following terms as used in this section are defined as set forth hereinafter:
9 "Bedroom" means any room in a vacation rental which has a minimum of
10 70 square feet, a bed or other place for sleeping and a separate closet that is an
11 integral part of the permanent construction within the bedroom or an en suite
12 bathroom and is located along an exterior wall with an emergency means of escape
13 and rescue opening to the outside, but shall not include a bathroom, a kitchen, a
14 dining room, or any main living area. A bedroom shall not constitute the only
15 means of access to other bedrooms or habitable spaces and shall not serve as the
16 only means of egress from other habitable spaces. If a room has been added,
17 altered, or converted without any required building permit having been granted,
18 such room shall not be deemed a bedroom. If a previously approved bedroom in
19 an existing vacation rental exists as of the effective date of this section, and does
20 not have a separate closet that is an integral part of the permanent construction
21 of the structure, but rather utilizes an armoire or other furniture piece for clothing
22 storage for at least two persons, the requirement for a closet to qualify as a
23 bedroom is waived.
24 "City fiscal year" means the annual period from October 1st through
25 September 30tn
26
"Occupant" means any person who occupies a vacation rental overnight.
27 "Owner occupied" means the vacation rental is occupied by the owner of
28 the vacation rental or other person(s), at the vacation rental owner's consent, who
29 do not pay rent for the occupancy of the vacation rental, when such persons are
30 members of the family of the vacation rental owner. Family shall be defined as any
31 number of individuals related by blood, marriage or legal adoption, and not more
32 than four (4) persons not so related, living together as a single housekeeping unit.
33 Foster children are considered part of a family.
34 "Pre-existing contract" means a duly executed written contract entered into
35 by a vacation rental owner and a future occupant prior to the enactment of this
City of Cape Canaveral
Ordinance No. 10-2021
Page 6 of 16
1 section on [INSERT ADOPTION DATE OF ORDINANCE] under which the vacation
2 rental owner has agreed to rent a vacation rental to the occupant in compliance
3 with the minimum seven (7) consecutive day rental requirement under section 110-
4 487 of the City Code, if applicable.
5 "Transient public lodging establishments" means any unit, group of units,
6 dwelling, building, or group of buildings within a single complex of buildings which
7 is rented to guests more than three (3) times in a calendar year for periods of less
8 than 30 days or 1 calendar month, whichever is less, or which is advertised or held
9 out to the public as a place regularly rented to guests.
10 "Vacation Rental" is defined under Florida Statutes and is currently defined
11 as any unit or group of units in a condominium or cooperative or any individually
12 or collectively owned single-family, two-family, three-family, or four -family house
13 or dwelling unit that is also a transient public lodging establishment but that is not
14 a timeshare project. A vacation rental is the entire dwelling unit or house. An
15 accessory structure where people are permitted to sleep that is not a lawfully
16 permitted separate dwelling unit or house is not a vacation rental. Further, one or
17 group of individual rooms independently rented or offered for rent apart from the
18 entire dwelling unit or house is not a vacation rental.
19 "Vacation Rental Owner" is the fee simple owner of the vacation rental,
20 whether an individual, partnership, corporation, limited liability company, trust, or
21 other entity. In the event the vacation rental owner is not an individual, each and
22 every person who owns twenty percent (20%) or more of the equitable interest in
23 the vacation rental shall also be deemed a vacation rental owner.
24
25 (c) Registration
26 Registration shall be based on the City's fiscal year similar to City business tax
27 receipts. Prior to initiating the operation of a property as a vacation rental and prior to
28 October 1' for each subsequent year, a vacation rental owner, either personally or through
29 an agent, shall register with the City of Cape Canaveral utilizing forms promulgated by the
30 City. A leaseholder of an entire dwelling unit or house may also register the entire dwelling
31 or house as a vacation rental provided written consent of the vacation rental owner is filed
32 with the City along with verification of the lease. Registration may be conducted by
33 electronic means by the City and through a third -party contractor retained by the City for
34 such purposes. The City, with the approval of the City Manager, may extend the date that
35 such registration is required by notice on the City's website, and prorate up to fifty percent
36 (50%) of the required registration fee for initial registrations filed after April 1'. A separate
City of Cape Canaveral
Ordinance No. 10-2021
Page 7 of 16
1 registration shall be required for each vacation rental. The operation of a vacation rental
2 without registration after the date registration is required shall be a violation of this
3 section, except in the instance of providing accommodations to fulfil a pre-existing
4 contract as provided hereinafter. Upon receipt of written notice by the City that a vacation
5 rental is in noncompliance with the registration requirements, the vacation rental owner
6 or agent, as applicable, shall have a five (5) day grace period in which to register the
7 vacation rental. Renting the subject vacation rental without registration after the five (5)
8 day grace period shall constitute a separate violation of this section for each day after the
9 grace period.
10 (1) A vacation rental owner or agent, as applicable, registering a
11 vacation rental with the City shall submit to the City a completed registration form
12 utilizing the registration method established by the City, together with a
13 registration fee in the amount set by resolution of the City Council.
14 (2) A registration shall include the following submittals:
15 (i) A completed vacation rental registration form.
16 (ii) Payment of applicable fee which shall be nonrefundable.
17 (iii) A copy of the vacation rental's current and active license as a
18 transient public lodging establishment with the Florida Department of Business
19 and Professional Regulation, if the registrant is required to have such license.
20 (iv) A copy of the vacation rental's current and active certificate of
21 registration with the Florida Department of Revenue for the purposes of collecting
22 and remitting sales surtaxes, transient rental taxes, and any other taxes required by
23 law to be remitted to the Florida Department of Revenue.
24 (vi) A copy of the current City business tax receipt.
25 (vii) Evidence of the vacation rental's current and active account with the
26 Brevard County Tax Collector for the purposes of collecting and remitting tourist
27 development taxes and any other taxes required by law to be remitted to the
28 Brevard County Tax Collector.
29 (viii) Exterior site sketch. An exterior sketch of the vacation rental facility
30 shall be provided. The sketch shall show and identify the dwelling unit or house
31 and all structures, pools, spas, hot tubs, fencing, and uses, including areas provided
32 for off-street parking. For purposes of the sketch, off-street parking spaces shall
33 be delineated so as to enable a fixed count of the number of spaces provided. At
34 the option of the vacation rental owner, such sketch may be hand drawn, and need
35 not be professionally prepared.
City of Cape Canaveral
Ordinance No. 10-2021
Page 8 of 16
1 (ix) Interior building sketch by floor. A building sketch by floor shall be
2 provided, showing a floor layout identifying all bedrooms, other rooms, exits,
3 hallways and stairways, as applicable. At the option of the vacation rental owner,
4 such sketch may be hand drawn, and need not be professionally prepared.
5 (3) If a registration form is incomplete, the registrant will be notified of
6 the deficiency, and be allowed ten (10) days to provide any missing information or
7 fees unless additional time is granted by the City for good cause.
8 (4) A vacation rental owner, either personally or through an agent, shall
9 be required to amend the vacation rental registration in the following
10 circumstances:
11 (i) A change in ownership of the vacation rental;
12 (ii) An increase or decrease in the number of bedrooms in the vacation
13 rental:
14 (iii) An increase or decrease in the maximum occupancy of the vacation
15 rental; or
16 (iv) An increase or decrease in the number of parking spaces, or a
17 change in location of parking spaces for the vacation rental.
18 (5) A vacation rental registration shall be based upon and valid for one
19 (1) City fiscal year, and renewals shall be annually prior to the expiration date of
20 the previous vacation rental registration.
21 (6) A vacation rental registration is transferable when the ownership of
22 the vacation rental is sold or otherwise transferred, and the new owner has filed a
23 modification of the registration with the City within thirty (30) days from the date
24 of sale or transfer. If the new owner fails to timely modify the registration, any
25 existing registration related to the subject property shall be deemed null and void
26 on the thirty-first (31st) day after such sale or transfer, and the new property owner
27 will thereafter be required to file a new registration form and pay a new registration
28 fee.
29 (7) The registration of vacation rental shall not be construed to
30 establish any vested right or entitle the registered vacation rental to any rights
31 under the theory of estoppel. Registrations accepted in error by the City or based
32 on false or misleading information may be freely revoked by the City upon written
33 notice to the vacation rental owner. Registration shall not be construed as a waiver
34 of any other requirements contained in the City Code or applicable law and is not
35 an approval of any other code requirement outside of acknowledging registration
City of Cape Canaveral
Ordinance No. 10-2021
Page 9 of 16
1 with the City under this section. The registration of a vacation rental is not an
2 approval of a use or activity that would otherwise be illegal under applicable law
3 and does not in any way limit or prevent the City from enforcing applicable law.
4 (8) It shall be a violation of this section for any person to provide false
5 or misleading information in connection with any application for registration,
6 modification or renewal of a vacation rental as required by this section.
7
8
(d) Maximum Overnight Occupancy.
9 (1) The maximum overnight occupancy of a vacation rental shall be two (2)
10 occupants per bedroom (as defined herein), plus two (2) additional occupants per vacation
11 rental, excluding children under the age of six (6) years old, up to a maximum occupancy
12 of:
13 (i) Eight (8) occupants per dwelling unit or house not exceeding 2,000 square
14 feet under enclosed roof/air;
15 (ii) Ten (10) occupants per dwelling unit or house between 2,001 and 3,000
16 square feet under enclosed roof/air;
17 (iii) Twelve (12) occupants per dwelling unit or house between 3,001 square
18 feet and 4,500 square feet under enclosed/air; or
19 (iv) Fourteen (14) occupants per dwelling unit or house over 4,500 square feet
20 under enclosed roof/air.
21 For purposes of this subsection, the term "overnight" shall mean between the hours
22 of 10:00 p.m. and 7:00 a.m. the following day. Square footage shall be determined
23 based on data contained in a floor plan prepared by a duly licensed engineer,
24 recorded official condominium declarations or the Brevard County Property
25 Appraiser's official website.
26 (2) Notwithstanding the maximum occupancy restrictions set forth in
27 subsection (1), the occupancy of a vacation rental shall not exceed the maximum
28 occupancy permitted by the Florida Building or Fire Prevention Code or International
29 Property Maintenance Code if less than the requirements allowed by this section.
30 (3) The maximum occupancy restrictions set forth in subsection (1) shall not
31 apply when the vacation rental is being physically owner occupied.
32 (4) If the vacation rental owner has a pre-existing contract booking a vacation
33 rental prior to the adoption of this subsection (d) that exceeds the maximum occupancy
City of Cape Canaveral
Ordinance No. 10-2021
Page 10 of 16
1 requirements, the vacation rental owner shall request in writing that the City exclude the
2 pre-existing contractual booking from the requirements set forth in this subsection (d).
3 The written request must be submitted on a form prescribed by the City, which shall be
4 submitted under oath and penalties of perjury, and provide verifiable proof of the pre-
5 existing contract, number of occupants and number of bedrooms. Only verifiable and pre-
6 existing contracts approved by the City shall be excluded from the requirements of this
7 subsection, and then the exclusion shall only apply to the specific date, time and duration
8 of the pre-existing booking. It is the intent and purpose of this subsection to allow the
9 vacation rental owner to honor the terms and conditions of such pre-existing contracts
10 entered into prior to the enactment of this subsection (d) that exceed the maximum
11 occupancy requirements.
12
13 (e) Posting of Safety and Information Notice.
14 (1) In each vacation rental, there shall be provided and posted, in a
15 prominent, conspicuous location, the following minimum written information:
16 (2) The name, address and phone number(s) of the vacation rental
17 owner or agent, as applicable. The phone number required by subsection (g) must
18 be listed at a minimum.
19 (3) The maximum occupancy of the vacation rental.
20 (4) The Cape Canaveral address and telephone number for the Brevard
21 County Sheriff's Office and Cape Canaveral Volunteer Fire Department.
22 (5) A copy of document to be supplied by the City which includes
23 excerpts from the City of Cape Canaveral Ordinance provisions of general
24 application relevant to vacation rentals to include solid waste pick-up regulations,
25 parking restrictions, regulations related to sea turtles and sea turtle lighting, and
26 beach, park and nuisance regulations. The City will make available to vacation
27 rental owners and agents a copy of such document in digital format upon request,
28 and the City will post such document on its website.
29 (6) The maximum number of vehicles that can be parked at the
30 vacation rental, along with a sketch of any off-street parking space locations
31 including any existing driveway and parking garage.
32 (7) The days and times of trash pickup.
33
(8) The location and telephone number of the nearest hospital.
City of Cape Canaveral
Ordinance No. 10-2021
Page 11 of 16
1 (9) The location of any additional off -site parking spaces for occupants
2 and guests of the vacation rental, if available and needed.
3
4
(f) Inspections.
5 (1) An inspection of a vacation rental to verify compliance with the provisions
6 of this section, the Florida Building Code, Florida Fire and Life Safety Codes and
7 International Property Maintenance Code may be requested by the City on an annual basis
8 or as needed to address code compliance issues. Upon such request, the inspection shall
9 be made by the City through appointment with the vacation rental owner or agent, as
10 applicable. Upon conclusion of the inspection, the City will inform the vacation rental
11 owner or agent in writing of any non-compliance issues that must be remedied by the
12 vacation rental owner.
13 (2) If the vacation rental owner or agent, as applicable, does not make the
14 vacation rental available for inspection within twenty (20) days after notification by the
15 City, in writing, that the City is ready to conduct the inspection, said failure shall constitute
16 a violation of this section. Such violation shall continue until the inspection is
17 accomplished. Each day that such violation continues shall be a separate violation.
18 (3) This section shall not be construed to limit or restrict the City's authority
19 under the Florida Building Code, Fire Prevention Code or International Property
20 Maintenance Code to conduct required safety and permit inspections nor limit the City's
21 authority to seek an administrative search warrant under applicable law.
22
23 (g) Duties of Vacation Rental Owner to be Available.
24
25 (1) The duties and functions of a vacation rental owner may, at the option of
26 the vacation rental owner, be performed by a designated agent of the vacation rental
27 owner, so long as the vacation rental owner notifies the City, in writing, on a designated
28 agent form provided by the City, of the identity and contact information of such agent,
29 and the specific duties that the agent will be performing for the vacation rental owner.
30 The vacation rental owner may change the designation of agent at any time through the
31 filing of a new form and the payment of an administrative fee in an amount as set by
32 resolution by the City Council. A designated agent may be held accountable for violations
33 of this section with respect to the applicable vacation rental assigned to the agent.
34 However, the vacation rental owner shall be held responsible for all actions of such
35 designated agent.
City of Cape Canaveral
Ordinance No. 10-2021
Page 12 of 16
1 (2) A vacation rental owner or designated agent, as applicable, shall register a
2 contact telephone number with the City which shall be monitored and answered by the
3 vacation rental owner or designated agent on a twenty-four (24) hour a day, seven (7) days
4 a week basis to respond to police, fire or other emergency personnel requests, the needs
5 of occupants staying at the vacation rental and responding to complaints regarding the
6 conduct or behavior of occupants and their guests. The contact number shall be required
7 to be posted on the notice required by subsection (e). Otherwise, a vacation rental owner
8 or designated agent, as applicable, must also register a telephone number to respond to
9 the City's regulatory personnel during normal business hours on Monday through
10 Saturday, 9:00 a.m. to 5:00 p.m.
11 (3) A vacation rental owner must be willing and able to be physically present
12 at the vacation rental for inspections required by this section and upon notification of code
13 or law enforcement or fire/EMS personnel for issues related to the vacation rental, and
14 shall be physically present within sixty (60) minutes of notification unless otherwise
15 required by such personnel.
16 (4) Conduct on -site inspections of the vacation rental at the end of each rental
17 period to ensure continued compliance with the requirements of this section.
18 (5) Maintain for three years a log of all bookings of the vacation rental
19 including the dates of each rental and number of occupants and said log shall be available
20 for inspection by the City to determine compliance with this section. Nothing herein shall
21 be construed to require the provision of personal information of the occupants.
22 (h) Duty of Vacation Rental Owner - Sexual Offenders/Predators.
23 (1) A vacation rental owner or designated agent, as applicable, shall inquire
24 prior to check -in, if any intended occupant at the vacation rental is a sexual
25 offender/predator as defined by the Florida Sexual Predators Act (§ 775.21, Fla. Stat.), §
26 944.606, Fla. Stat. or other applicable law. If any occupant of a vacation rental is a sexual
27 offender/predator, the vacation rental owner or agent shall immediately notify the
28 Brevard County Sheriff's Office.
29 (2) A vacation rental owner or designated agent is responsible for ensuring
30 that sexual offenders/predators residing within the vacation rental register with the
31 Brevard County Sheriff's office following the procedures set forth in § 775.21, Florida
32 Statutes, at least 48 hours prior to arrival at a vacation rental, regardless of length of stay.
33 (3) Pursuant to Section 74-102 (f), Brevard County Code of Ordinances, a
34 vacation rental owner or designated agent shall not rent a vacation rental to an occupant
35 that is a sexual offender/predator in violation of the distance separation requirements
City of Cape Canaveral
Ordinance No. 10-2021
Page 13 of 16
1
2
between homes and any school, child care facility, park, playground or other place where
children regularly congregate.
3 (4) A violation of this subsection by a vacation rental owner or designated
4 agent shall be subject to a $500 penalty per violation.
5
6
(i) Accessory Structures Used as Sleeping Facility.
7 It shall be unlawful to independently rent or lease as a vacation rental, or otherwise,
8 an accessory structure used for sleeping that is not lawfully permitted by the City as a
9 separate dwelling unit or house; or register such structure under this section. However,
10 an accessory structure used for sleeping as part of the principal dwelling or house
11 registered as a vacation rental may be included with the registration of the principal
12 dwelling or house if the accessory structure satisfies the definition of bedroom under this
13 section subject to the maximum occupancy restrictions set forth in subsection (d).
14
15 (j) Independently Renting Rooms Prohibited.
16 It shall be unlawful to independently rent or offer for rent individual rooms or
17 groups of rooms apart from the entire dwelling unit or house as a vacation rental.
18
19 (k) Commercial Use of Property; Entertainment Venue Prohibited.
20 A vacation rental shall not be used or advertised for any commercial or non-
21 residential use, including use of the property primarily as a party, event or entertainment
22 venue or social hall.
23
24 (I) Compliance with Codes; Enforcement; Penalties.
25 (1) In addition to the provisions of this section, vacation rental owners, designated
26 agents, occupants and guests of the vacation rental shall comply with the provisions of
27 this section and all other applicable local, state and federal laws, regulations, rules and
28 standards ("Codes"). If violations of such Codes are found, such violations shall be handled
29 by the City in the customary code enforcement manner, and the City may pursue such
30 code enforcement, administrative and/or judicial action as deemed necessary and allowed
31 by law to gain current and future compliance by the violator.
City of Cape Canaveral
Ordinance No. 10-2021
Page 14 of 16
1 (2) Any person owning, renting, operating or using a vacation rental in
2 violation of this section shall be subject to the penalties set forth in section 1-15 unless
3 otherwise specifically set forth in the City Code, and to all applicable enforcement
4 measures and penalties authorized by law. Any person operating a vacation rental without
5 registering as required by this section shall be subject to a penalty of $100.00 for the first
6 offense, $250.00 for the second offense, and $500.00 for each subsequent offense
7 thereafter.
8
9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
10 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
11 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
12
13 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
14 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
15 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical
16 and like errors may be corrected and additions, alterations, and omissions, not affecting the
17 construction or meaning of this Ordinance and the City Code may be freely made.
18
19 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
20 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
21 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
22 be deemed a separate, distinct and independent provision, and such holding shall not affect the
23 validity of the remaining portions of this Ordinance.
24
25 Section 6. Effective Date. This Ordinance shall become effective immediately upon
26 adoption.
27
28 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
29 of , 2021.
30
31
32
33
34
35 [Signature page follows]
36
37
38
39
40
41
City of Cape Canaveral
Ordinance No. 10-2021
Page 15 of 16
1
2
3 Bob Hoog, Mayor
4
5
6 ATTEST: For Against
7
8 Mike Brown
9
10 Mia Goforth, CMC Robert Hoog
11 City Clerk
12 Mickie Kellum
13
14 Wes Morrison
15
16 Angela Raymond
17
18 First Reading: January 19, 2021
19 Planning & Zoning Board:
20 Advertisement:
21 Second Reading:
22
23
24 Approved as to legal form and sufficiency
25 for the City of Cape Canaveral only by:
26
27
28 Anthony A. Garganese, City Attorney
29
30
City of Cape Canaveral
Ordinance No. 10-2021
Page 16 of 16