HomeMy WebLinkAboutcocc_council_mtg_packet_20210216CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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AGENDA
February 16, 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 1 6:15 p.m. - 6:25 p.m.
Presentation of Proclamation honoring Bob Scott, longtime City resident and member of the City's
bicyclist community.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2020 — Presentation by Zach Chalifour, James Moore & Co.
CONSENT AGENDA 1 6:25 p.m. - 6:30 p.m.
1. Approve Minutes for January 19, 2021 Regular Meeting and February 2, 2021 Workshop.
2. Resolution No. 2021-03; banning the use of herbicides containing glysophate on
City -owned or managed properties; providing for distribution of this Resolution, the repeal
of prior inconsistent resolutions, severability and an effective date.
3. Award contract for Commercial Surf School Franchise, for provision of Surf Instruction at
the sand and beach areas within the boundaries of the City limits, to Flohana, LLC. and
authorize the City Manager to sign contract for the same.
PUBLIC HEARINGS 1 6:30 p.m. - 7:25 p.m.
4. 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
City of Cape Canaveral, Florida
City Council Meeting • February 16, 2021
Agenda • Page 2 of 3
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, second reading.
5. 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, second reading.
6. 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, second reading.
7. 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, second reading.
8. 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, second reading.
9. 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, second reading.
10. 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
City of Cape Canaveral, Florida
City Council Meeting February 16, 2021
Agenda • Page 3 of 3
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, second reading.
11. 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, second reading.
12. Ordinance No. 09-2021; amending Chapter 78, Article II. — Sanitary Sewer System related
to the administrative enforcement of the provisions stated herein; providing for the
clarification of applicable penalties; providing for the use if 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, second reading.
13. 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, second reading.
14. Ordinance No. 11-2021; amending Chapter 98, Subdivisions, Division 5. — Lot splits to
authorize certain unapproved lot splits occurring prior to March 16, 2010 under the
requirements set forth herein; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading.
ITEM FOR ACTION 1 7:25 p.m. - 7:30 p.m.
15. City Council Selection of the 2021 Space Coast League of Cities Advocacy Team Member.
REPORTS 1 7:30 p.m. - 7:45 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
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are announced by the chairperson or designee at the meeting,
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by pressing the hand feature on the GoToWebinar screen in timely
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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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Presentation of Proclamation honoring Bob Scott, longtime City resident and member of
the City's bicyclist community.
Department: Legislative
Summary: On January 1, 2021, Bob Scott, a longtime City resident and fixture of the City's bicyclist
community, lost his battle with cancer. It was his wish to help the children of Cape Canaveral. To
honor him, a Memorial Ride was held on Saturday, January 30, 2021 by over 35 friends and members
of the City's bicyclist community. This ride took place from Cherie Down Park to Dave Nisbet Drive
in Port Canaveral.
As part of this Memorial Ride, one electric bicycle was auctioned and one was raffled. The event
raised over $3,000 for charity, which will be donated to the Brevard County Sheriff's Office PAL
Program here in the City.
The City would like to honor the life of Mr. Scott and thank the local bicyclist community that
participated in the Memorial Ride, which is planned to continue as an annual event.
Mr. Bill Skinner, one of the Mr. Scott's friends and organizers of the Memorial Ride, is present
tonight to receive the Proclamation.
Submitting Council Member: Mayor Hoog
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 02/08/2021
The City Manager recommends the City Council take the following action(s):
Present Proclamation.
Approved by City Manager: Todd Morley Date: 02/08/2021
official
Proclamation
City of
Cape Canaveral, Florida
WHEREAS, Bob Scott was a longtime resident of the City of
Cape Canaveral, a fixture of the City's bicycling community and
wished to help the children of Cape Canaveral; and
WHEREAS, on January 1, 2021, Mr. Scott passed away from
cancer; and
WHEREAS, in his memory, a Memorial Ride, attended by over
35 bicyclists, was held on January 30, 2021 from Cherie Down Park
to Dave Nisbet Drive in Port Canaveral; and
WHEREAS, through an auction and raffle of two electric
bicycles at the Memorial Ride, over three -thousand dollars was
raised, which will be donated to the Brevard County Sheriffs Office
PAL Program in the City of Cape Canaveral; and
WHEREAS, Mr. Bill Skinner, an organizer of the Memorial
Ride, has stated it is to be the first of an annual event to benefit
the children of Cape Canaveral.
NOW, THEREFORE, 1, Robert Hoog, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby thank Mr. Skinner
and the participants of the Memorial Ride and state that
THE CITY OF CAPE CANAVERAL HONORS
THE MEMORY OF BOB SCOTT
Signed and Sealed this Day of ,
Mayor
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2020 — Presentation by Zach Chalifour, James Moore & Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the City's
Financial Statements for the Fiscal Year ended September 30, 2020. James Moore & Co. determined
the Financial Statements present fairly, in all material respects, the financial position of the City of
Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit
was conducted in accordance with Generally Accepted Auditing Standards and Government
Auditing Standards. The findings and recommendations will be presented by Audit Manager Zach
Chalifour.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent year by $52.2
million (net position). Of this amount, $6.9 million (unrestricted net position) may be used
to meet the City's ongoing obligations.
• The City's total net position increased by $1.79 million. This is the result of construction
projects completed during the year and the addition of capital assets, funded primarily
through capital contributions and grants.
• At the close of the fiscal year, the City's governmental funds reported combined ending
fund balances of $12.4 million, an increase of $1 million in comparison with the prior year.
• At the close of the fiscal year, fund balance for the General Fund was $12,735,344. Of this
amount, $1,782 relates to inventory and prepaids as well as long-term advances and is
therefore nonspendable. The remaining fund balance includes: restricted ($343,022),
committed ($6,805,686), assigned ($1,735,350) and unassigned ($3,849,504) balances.
Within the committed fund balance category, the largest piece is $6,394,516 committed
for the construction of a Multi -Generational Facility and Cultural Arts, Preservation and
Enrichment (CAPE) Center. Unassigned funds are available to fund on -going activities of
the City's various General Fund services and programs.
• The City's total long-term liabilities decreased $1,163,007. This was due to receipt of
additional State Revolving Fund money ($261,643), offset by annual debt service payments
on the Capital Improvement Revenue Notes ($1,142,000) and State Revolving Loans
($282,650).
Submitting Department Director: John DeLeo Date: 02/05/2021
Attachment: James Moore & Co. Presentation
Financial Impact: Staff time to prepare this Agenda Item and cost of the Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 02/04/2021
The City Manager recommends the City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2020.
Approved by City Manager: Todd Morley Date: 02/04/2021
CITY OF
CAPE CANAVERAL
Presentation To:
City of Cape Canaveral, Florida
Annual Audit for the Year Ended September 30, 2020
Presented by: Zach Chalifour, CPA
February 16, 2021
Certificate of Achievement for
Excellence in Financial Reporting
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Cape Canaveral
Florida
For its Comprehensive Annual
Finanicial Report
For the Fiscal Year Ended
September 30, 2019
Christopher P.Morrill
Executive Director/CEO
James Moore
Certified Public Accoutants and Consultants
Auditors' Reports
• Audit Report (pages 20-22)
— Unmodified opinion
• Internal Control and Compliance Report
(pages 105-106)
— No finding or comments
• Chapter 10.550 Auditor General Report
(pages 107-108)
— All prior year comments resolved
• Independent Accountants' Examination
Report (page 109)
— In compliance with state statutes
CITY OF
Cape Canaveral
EST 1963
J11 Jameb ie s Moore
General Fund
(Page 41)
• Fund Balance:
— Nonspendable $ 1,782
— Restricted $ 343,022
— Committed $ 6,805,686
— Assigned $ 1,735,350
— Unassigned $ 3,849,504
— Total Fund Balance $ 12,735,344
James Moore
Certified Public Accoutants and Consultants
General Fund
(continued)
• GFOA Recommendation:
— Minimum of 2 Months (16.7%) of recurring expenditures
and transfers out in assigned + unassigned fund balance.
• Total Assigned/Unassigned Fund Balance
• CY Expenditures + Transfers Out
• Percentage Assigned/Unassigned Fund
Balance as a percentage of
Expenditures and Transfers out
$ 5,584,854
$11,822,857
47.2%
CRA Fund
(Pages 41 & 43)
• Total Fund Balance $ 27,021
• Revenue Increase Last 3 Years
$1,149,413 $938,108 $655,589
• Expenditures
— $263,788 capital outlay
— $968,850 transfers out for debt service payments
• Separate Audit starting in FY2020
• Separate Examination Report on Compliance with
specified CRA statutes
James Moore
Certified Public Accountants and Consultants
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
January 19, 2021
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 P.M. Council Member Morrison
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
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Canaveral Fire Rescue Deputy Chief
Canaveral Fire Rescue Assistant Chief/Fire Marshal
PUBLIC PARTICIPATION: None.
INTERVIEWS/PRESENTATIONS:
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Melinda Huser
Gustavo Vergara
Jim Moore
Daniel LeFever
Lisa Day
Andrew Walters
Joanna Siegel
Brian Lockhart
Dave Sargeant
Chris Quinn
Derek Yossifon
Presentation by resident Steven Longmire regarding Florida Forever grant application for a
potential new 10-acre conservation and recreation park in Cape Canaveral: Mr. Longmire
conducted a PowerPoint presentation to the Council. Mayor and Council thanked Mr. Longmire.
Council reached consensus for Staff to look into the grant program.
City of Cape Canaveral, Florida DRAFT
City Council Meeting • January 19, 2021
Minutes • Page 2 of 6
CONSENT AGENDA: Mayor Hoog asked if any items needed to be removed for discussion. No
items were removed.
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.
A motion was made by Council Member Brown, seconded by Council Member Morrison, to
accept Consent Agenda Items 1-4. The motion carried 5-0.
PUBLIC HEARINGS:
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 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: City
Attorney Garganese read the title into the record and reviewed the Item. The Public Hearing was
opened. Steven Longmire, resident, inquired if the properties are a public park and the nature of
the "Conservation" Zoning District. Mayor Hoog confirmed that status of both. Nate Schwartz,
property owner, declined to comment. There being no further comment, the Public Hearing was
closed. Discussion continued and included confirmation that properties referenced were publicly -
owned. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem
Raymond, to approve Ordinance No. 01-2021 at first reading. The Motion carried 5-0.
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 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
City of Cape Canaveral, Florida DRAFT
City Council Meeting • January 19, 2021
Minutes • Page 3 of 6
repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first
reading: City Attorney Garganese read the title into the record and reviewed the Item. The Public
Hearing was opened. There being no comment, the Public Hearing was closed. Discussion
continued and included confirmation that properties referenced were publicly -owned. A motion
was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to approve
Ordinance No. 02-2021 at first reading. The Motion carried 5-0.
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: City Attorney Garganese read the title
into the record and reviewed the Item. Discussion ensued and included the location of the
property and noticing of the Canaveral Port Authority. The Public Hearing was opened. There
being no comment, the Public Hearing was closed. A motion was made by Council Member
Brown, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 03-2021 at first
reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the record
and reviewed the Item. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Mayor Hoog, seconded by Mayor Pro Tem
Raymond, to approve Ordinance No. 04-2021 at first reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the record
and reviewed the Item. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Kellum, seconded by Mayor Pro
Tem Raymond, to approve Ordinance No. 05-2021 at first reading. The Motion carried 5-0.
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 Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability
City of Cape Canaveral, Florida DRAFT
City Council Meeting • January 19, 2021
Minutes • Page 4 of 6
and a conditional effective date, first reading: City Attorney Garganese read the title into the
record and reviewed the Item. The Public Hearing was opened. There being no comment, the
Public Hearing was closed. A motion was made by Council Member Brown, seconded by
Council Member Morrison, to approve Ordinance No. 06-2021 at first reading. The Motion
carried 5-0.
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: City Attorney Garganese read the title
into the record and reviewed the Item. Discussion ensued and included the eastern -most
referenced property and its status as part of the new City Hall parking area. 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 approve Ordinance
No. 07-2021 at first reading. The Motion carried 5-0.
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: City Attorney Garganese
read the title into the record and reviewed the Item. The Public Hearing was opened. There being
no comment, the Public Hearing was closed. A motion was made by Council Member Morrison,
seconded by Council Member Brown, to approve Ordinance No. 08-2021 at first reading.
The Motion carried 5-0.
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: City Attorney
Garganese read the title into the record and reviewed the Item. Discussion ensued and included
permitting procedure, commercial and industrial discharges, Florida Department of Environmental
Protection and City requirements regarding sewage treatment and the Ordinance will help the
City meet those obligations. The Public Hearing was opened. Malcolm Petit, resident, inquired
about pre-existing businesses impact on lift stations. City Manager Morley suggested Mr. Petit
meet with Public Works Director James Moore regarding particular and individual requirements
City of Cape Canaveral, Florida DRAFT
City Council Meeting • January 19, 2021
Minutes • Page 5 of 6
for businesses. Nate Schwartz, property owner, declined to comment. The Public Hearing was
closed. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to
approve Ordinance No. 09-2021 at first reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the record and reviewed
the Item. Discussion ensued and included occupancy caps, posting of safety notices and contact
information of property owners for transients, accessory structures and prohibiting their use, the
impacts on residential areas of short-term rental properties used for entertainment purposes and
parties, the number of residential units in the City, noticing every resident and unit in the City, the
outreach required should the Ordinance pass, increasing fines for violation, resolving parking and
noise issues, Florida Senate Bill 522 preempts the regulation of vacation rentals which takes away
home rule from municipalities, placement of a force majeure clause in the contract with the
compliance company, encouragement of citizens in opposition to the preemption bill to contact
their Senators, enforcement of seven-day minimum, concerns over administrative costs and how
the Ordinance will fix trash, noise and parking issues, overreach of listing occupants ages for
registration process, majority of short-term rental owners are responsible, the Space Coast League
of Cities and Florida League of Cities both have advocacy teams prioritizing short-term rental
legislation, residential rules versus vacation occupancy rules, enforcing the City Code as written
versus creating an ordinance specifically related to short-term vacation rentals, current
compliance tools of the City are reactionary whereas, this Ordinance can be proactive, businesses
in a residential area disrupts the character of neighborhoods, the measure will lift some of the
burden off of law enforcement and concerns over freedoms and liberties. Mayor Hoog recessed
the meeting at 7:59 p.m. The meeting was reconvened at 8:09 p.m. Discussion continued and
included working through the rest of the Ordinance at second reading and whether hiring a
compliance company is necessary. The Public hearing was opened. Kay Jackson, resident,
expressed concerns regarding cost feasibility and suggested the Fire Department assist tracking
occupancy limits and parking as a way to use the tools already in place. Andrea Shea King,
resident, discussed the positive experience with the vacation rental property owner adjacent to
her home and expressed support for vacation rental properties since the City is a popular
destination. Joe Salgot, resident and business owner, expressed support for vacation rental
properties and enforcing regulations the City already has. Steve Longmire, resident, discussed
vacations rentals impact to his job as tour guide for the area and difficulties in being able to afford
to rent a home in Cape Canaveral. Nate Schwartz, property owner, voiced support for vacation
rental properties, concerns over enforcing the proposed Ordinance and the language regarding
sexual predators. Michelle Wiedenhoeft, property owner, agreed problem properties should be
held accountable and expressed concerns over vacation rental owner duties and responsibilities
related to sexual offenders/predators. Vernon Crane, property owner, expressed concerns over
using management companies to vet customers in regard to the vacation rental owner duties and
City of Cape Canaveral, Florida DRAFT
City Council Meeting • January 19, 2021
Minutes • Page 6 of 6
responsibilities related to sexual offenders/predators. City Attorney Garganese provided the
current Brevard County Ordinance requirements related to predators and the obligation to
announce to local law enforcement by the property owner. Ryan Moreau, resident and property
owner, discussed positive experiences related to vacation rental properties and expressed concern
for flexibility related to 7-day minimum stay requirement for certain types of visitors such as
contractors. Jo Sojourner, resident, expressed support for the proposed Ordinance and regulation
of short-term vacation rental properties. There being no further comment, the Public Hearing was
closed. Discussion continued and included how the proposed regulation of short-term vacation
rentals was driven by citizens, maximum overnight occupancy, the difference between
municipalities in how to regulate the issue, hiring a compliance company, the need to see more
data regarding violations and how rules are not for the people who obey them but for the ones
who violate them. City Manager Morley advised Council of the Public Hearing schedule listed on
the last page of the Agenda Item. Discussion continued on the list of revisions to the proposed
Ordinance, which issues Council prefers the Planning and Zoning Board to review on January 27,
2021, how the Ordinance could be preempted by the State after the fact and accessory structures.
A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to
approve Ordinance No. 10-2021, at first reading, with the Planning and Zoning Board to
review maximum overnight occupancy, inspections, duty for property owner to be available
as it relates to 3-year registry and accessory structures. The Motion carried 5-0.
REPORTS:
City Manager Morley discussed speaking with individual Council Members regarding the need for
a City Council Workshop regarding the Draft Resiliency Plan. Council reached consensus to meet
Tuesday, February 2, 2021 at 6 p.m.
Council Member Morrison expressed thanks to Staff for the street light inventory update and
looking forward to the Annual Sea Oats Planting on January 30, 2021.
Council Member Kellum thanked Staff for all the work on the Zoning and Land Use project by the
Community Development Department and the City Attorney.
ADJOURNMENT: The Meeting was adjourned at 9:18 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
February 2, 2021
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
Council Member
Mayor
Council Member
Council Member
Mayor Pro Tem
Present:
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison (via GoToWebinar)
Angela Raymond
Others Present:
City Manager
City Clerk
City Planner
Sustainability Manager/Planner
Administrative/Financial Services Director
Community and Economic Development Director
Cultural and Community Affairs Director
Deputy City Clerk
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
PUBLIC PARTICIPATION: None.
DISCUSSION:
Todd Morley
Mia Goforth
Brenda Defoe-Surprenant
Zachary Eichholz
John DeLeo
David Dickey
Molly Thomas
Daniel LeFever
Lisa Day
Andrew Walters
Brian Lockhart
1. Resilient Cape Canaveral Action Plan (2021): Sustainability Manager/Planner Zachary
Eichholz introduced Student Intern Tracy Alt, an Environmental Studies major at the University of
Florida, who will be helping in the City's first Greenhouse Gas Inventory, along with several other
cities and Brevard County, tracking emissions from municipal operations. Ms. Alt discussed
gathering data for the City over the next couple of months which will play directly into the Resilient
Cape Canaveral Action Plan. Mr. Eichholz and City Planner Brenda Defoe-Surprenant presented
the Action Plan and requested comments from the City Council be returned to Staff by Friday,
February 26, 2021. Discussion ensued and included collecting comments from the public, a
suggested month -long virtual comment period online, the cities of Cocoa and Satellite Beach
having adopted similar plans, the Comprehensive Plan, public housing, aging residents and using
a City facility, such as the Multi -Generational Facility, as a post -disaster resilience hub to service
the community. Council thanked Staff. City Manager Morley thanked Staff and explained the
process going forward before a tentative adoption of the Plan in June with public input and
City of Cape Canaveral, Florida DRAFT
City Council Workshop • February 2, 2021
Minutes • Page 2 of 2
comments to come during any future workshops, the Retreat and Council Meetings. Mayor Hoog
inquired if there were any public comments. Waste Pro, Inc., Municipal Marketing Manager Platt
Loftis, stated City Manager Morley discussed the Action Plan with him, indicated it dovetails with
the City Solid Waste Contract and confirmed there are three years left on the Contract with the
City.
ADJOURNMENT: There being no further business, the Meeting was adjourned at 6:55 P.M.
Mia Goforth, City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Resolution No. 2021-03; banning the use of herbicides containing glyphosate on City -
owned or managed properties; providing for distribution of this Resolution, the repeal of prior
inconsistent resolutions, severability and an effective date.
Department: Community and Economic Development
Summary: At its October 15, 2019 Regular Meeting, the City Council — as part of the Amended
Agreement with Blacks Spray Service — voted to eliminate the application of glysophate in City
operations. To this end, the attached resolution has been prepared for Council consideration.
Glyphosate is an herbicide designed to kill weeds and grasses that was developed and brought to
market by an agrochemical company in the early 1970s. Today, it is the most widely used
agricultural chemical in history and it is estimated that the global market for the product could
reach $12 billion by 2024 due to its ease and effectiveness at killing weeds in applications that range
from farm fields to urban parks. According to the U.S. Geological Survey, 287 million pounds of
glyphosate were sprayed across the country in 2016. It is found in common household herbicides.
However, glyphosate has recently come under immense public criticism and scrutiny for its safety
in regards to human health and its effects on the natural environment. Today, over 42,000 pending
lawsuits have been filed against a major agrochemical company with plaintiffs - usually farmers or
commercial applicators - claiming glyphosate exposure was the cause of their non -Hodgkin
lymphoma (NHL), a cancer that originates in the body's lymphatic system. Future settlements and
legal loss estimates are as high as $20 billion.
The scientific literature and regulatory conclusions regarding glyphosate and glyphosate-based
herbicides show a mix of findings, making the safety of the herbicide a hotly debated subject.
Studies have claimed a variety of findings both for and against the safety of glyphosate. In 2015,
the World Health Organization's International Agency for Research on Cancer (IARC) concluded
that glyphosate is "probably carcinogenic in humans". The substance has also been found in
numerous different food sources such as cereals, snacks and even beer.
Studies have also indicated the chemical can help to feed toxic algae blooms. Blue-green algae, the
same algae that has caused fish kills in the Indian River Lagoon and Red Tide in the Atlantic Ocean,
is a form of primitive bacteria called cyanobacteria. Cyanobacteria can fully metabolize glyphosate
and use the substance's phosphorus atom as a source of phosphorus to grow. The Indian River
Lagoon ecosystem has seen multiple environmental disasters due to algae -induced fish kills that
can cause socio-economic harm to the City of Cape Canaveral, Brevard County and the State of
Florida as a whole.
Due to glyphosate's growing controversy surrounding its impacts on human health and the
environment, numerous government entities have opted to stop its use upon their grounds and
facilities in favor of non-glyphosate-based alternatives. Government entities that have done so
include multiple cities, counties and whole countries; with local examples being the government of
Martin County, the City of Key West, the City of Miami, the City of Miami Beach, the City of Stuart,
City of Cape Canaveral
City Council Meeting • February 16, 2021
Agenda Item # 2
Page 2 of 2
the City of Rockledge and the City of Satellite Beach. Note that the City has been operating
glyphosate-free since November of 2019.
According to the City's contractor, Black's Spray Service, Inc., the product that is being used
(Cheetah Pro) is as effective as previously used glyphosate-based products. There has been an
annual increase in cost with the new product of $5,110. However, maintaining our commitment to
public health and leading by example justify the cost compared to potential negative impacts of
alternative glyphosate-based products.
Wanting to lead by example and reduce any potential risk to its Staff members, residents and the
ecologically sensitive Indian River Lagoon, City Staff recommends the City Council adopt a
Resolution directing that the City of Cape Canaveral and its contractors formally discontinue
glyphosate applications at all City properties and facilities. Staff recommends a self-imposed ban
on all department usage of glyphosate. This ban will only apply to City herbicide applications and
will not be imposed or enforced on residents and business owners.
A Resolution is attached for Council's consideration formally calling for the City's discontinuation
of glyphosate-based products on all City owned or managed properties.
Submitting Department Director: David Dickey )' Date: 02/09/2021
Attachment: Resolution No. 2021-03
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 02/09/2021
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2021-03.
Approved by City Manager: Todd Morley Date: 02/09/2021
RESOLUTION NO. 2021-03
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; BANNING
THE USE OF HERBICIDES CONTAINING GLYPHOSATE ON CITY -OWNED OR
MANAGED PROPERTIES; PROVIDING FOR DISTRIBUTION OF THIS
RESOLUTION, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the governing body has determined that it is necessary to reduce the risk to
human health and the environment by minimizing the use of certain herbicides; and
WHEREAS, in a March 2015 report, the World Health Organization's International Agency
for Research on Cancer ("IARC") concluded that glyphosate, the key ingredient in several popular
herbicides is "probably carcinogenic in humans;" and
WHEREAS, the governing body has determined that the use of certain herbicides on lands
within the City of Cape Canaveral may increase the risk of contributing to adverse effects on
surface and/or groundwater; and
WHEREAS, the governing body wishes to take reasonable steps to protect the public
health, safety, and welfare of its residents, employees, and contractors by eliminating their
exposure to potentially harmful and carcinogenic substances used in the maintenance of
landscaping within the City of Cape Canaveral owned facilities and lands; and
WHEREAS, in an effort to protect the Indian River Lagoon ecosystem and improve water
quality throughout the region, the governing body has determined that banning the use of
herbicides containing glyphosate by any City employee applicator or applicator on City -owned
property is in the best interests of the public and Indian River Lagoon; and
WHEREAS, the governing body wishes to reduce the potential risks associated with
herbicide products containing glyphosate and therefore seeks to formally ban the application of
glyphosate containing herbicides by all City employees and commercial contract applicators in
the performance of landscaping and maintenance work on all City -owned or managed properties
and direct City of Cape Canaveral departments to take all actions necessary to accomplish the
aforestated objectives.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The governing body hereby formally directs City department heads to take all
actions necessary to ban the use of herbicides containing glyphosate by all City of Cape Canaveral
employees and contracted applicators in the performance of landscaping and maintenance work
on all properties owned, leased, or operated by the City of Cape Canaveral in favor of non-
glyphosate-based alternatives effective immediately and henceforth.
City of Cape Canaveral
Resolution No. 2021-03
Page 1 of 2
Section 2. The governing body hereby directs the City of Cape Canaveral Clerk to transmit a
copy of this Resolution to the Florida Department of Agriculture, the Florida League of Cities, the
Florida League of Counties, the Board of County Commissioners of Brevard County and to all
municipalities in Brevard County.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by
the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 16th Day of February, 2021.
ATTEST:
Mia Goforth, CMC,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2021-03
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Award contract for Commercial Surf School Franchise, for provision of Surf Instruction at
the sand and beach areas within the boundaries of the City limits, to Flohana, LLC. and authorize
City Manager to sign contract for same.
Department: Leisure Services
Summary: Request for Proposal (RFP) #2020-01 (Attachment 1) was developed in accordance with
City Code, Section 54-6. Legal notice/advertisement was published in the Florida Today Newspaper
on November 19, 2020. Notice was sent to 15 surf schools, three of which requested RFP packets.
The RFP was placed on the City website. Only one proposal was received (Attachment 2). The
proposer included all documentation and met all required criteria for this RFP so a ranking was not
necessary. Although the proposer included beach rentals in his proposal, he was informed that the
City is not interested in pursuing beach rentals at this time and that the agreement would only
include the services listed in the RFP.
The cost of the permit fee will be reduced from the original $500/year to $250 for this year, per
Resolution No. 2020-27, whereby City Council approved a temporary 50% reduction in Commercial
Recreation Franchise Fees until the COVID-19 Emergency Declaration adopted by the City Council
pursuant to Resolution No. 2020-09 is terminated.
Submitting Department Director: Gustavo Vergara Date: 02/05/2021
Attachments: 1. RFP #2020-01
2. December 22, 2020 RFP Opening Minutes
Financial Impact:
$250 Permit Fee to the General Fund; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/28/2021
The City Manager recommends the City Council take the following actions:
Award contract for Commercial Surf School Franchise, for provision of Surf Instruction at the sand
and beach areas within the boundaries of the City limits, to Flohana, LLC. and authorize City
Manager to sign contract for same.
Approved by City Manager: Todd Morley Date: 02/04/2021
Attachment 1
City of Cape Canaveral
REQUEST FOR PROPOSAL
COMMERCIAL SURF SCHOOL FRANCHISE
LEISURE SERVICES DEPARTMENT
INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the
Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50
miles east of Orlando. This 1.9 square -mile beach and coastal community is bounded on the west
by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic
Ocean, and on the south by the City of Cocoa Beach. This location also means that the community
is an integral part of the retirement -resort -vacation -recreation complex of the central beaches
area of Brevard County.
PURPOSE: Pursuant to Section 54-5 of the City Code regarding awarding commercial beach
vendor franchises, the City is seeking proposals from qualified firms or individuals ("Proposers" or
"Vendors") to operate a Commercial Surf School Franchise for the City's Leisure Services
Department in accordance with the terms, conditions and specifications contained in this Request
for Proposal ("RFP").
APPLICATION: The City may enter into a Franchise Agreement granting the right and privilege
to use the sand beach areas within the City's jurisdictional boundaries to provide individual and
group surf lessons to the general public. Said Franchise Agreement shall be for the purpose of a
Vendor operating a Commercial Surf School Franchise business in the City in conformity with, and
subject to, all provisions, terms and conditions of this RFP and City Code. A Vendor's right to use
the City's beaches for the franchise purposes stated herein shall not be exclusive and the City
reserves the absolute right to grant or deny the use of its beaches to any person at any time
during the period of any franchise awarded.
RFP DUE DATE: Proposers must submit one paper identified "original copy" plus one digital
copy on a CD ROM of the proposal (including any attachments) no later than December 22, 2020
at 3:00 p.m. to the City Clerk's Office located at 100 Polk Avenue, Cape Canaveral, Florida 32920.
The proposal shall be in a sealed envelope clearly marked "Commercial Surf School Franchise —
Page 1 of 24
RFP #2020-01 ". The official time shall be that marked by the City Clerk's Office. Only paper
submittals, with the included CD rom, shall be accepted. Electronic (email) or fax submittals shall
not be accepted.
RFP SCHEDULE: The proposed RFP schedule is as follows:
Release RFP 11/20/2020
Last date for receipt of written questions 12/21/2020
Proposal due date 12/22/2020 (prior to 3:00 pm)
Selection Committee review and ranking deadline 1/20/2021
Contract award 2/16/2021*
*Dates may be extended by the City.
QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers normally
engaged in providing the types of services specified herein. The City reserves the right to inspect
each Proposer's facilities, equipment, personnel and organization at any time, or to take any other
action necessary to determine the Proposer's ability to perform. The City reserves the absolute
right to reject proposals in its sole discretion where evidence or evaluation is determined to
indicate the inability of proposers to perform the required tasks.
The Vendor and any person conducting surf instruction activities on City beaches shall be subject
to a background check. The City may refuse to award a franchise or may terminate an existing
franchise in the event any principal or any person conducting surf instruction activities on City
beaches has been convicted of a felony within the past five (5) years.
LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain and
provide proof of all pertinent licenses, permits and insurance required to conduct business as a
Vendor in the City. Insurance coverage is to remain in force at all times during the contract period.
The City is to be named as "additional insured" with relation to general liability insurance.
DISCLOSURE AND CONCLICT OF INTEREST: No contract shall be awarded to a Proposer
having an affiliation with City elected officials, officers or employees unless the Proposer has fully
disclosed such affiliation and complied with current Florida State Statutes and related City
ordinances. Proposers must disclose any such affiliation during the application process. Failure to
disclose any such affiliation shall result in disqualification of the Proposer, removal from the City's
approved vendor lists, and prohibition from engaging in any business with the City.
RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately review
the requirements shall not relieve a successful Proposer from liability and obligation under any
contract.
Page 2 of 24
CONTRACT: The initial contract term shall commence upon date of award by the City and shall
expire three (3) years from that date. The City reserves the right to extend the contract for
additional, one (1) year terms providing all terms, conditions and specifications remain the same,
both parties agree to the extension and such extension is approved by the City. Vendor agrees
and understands that the contract shall not be construed as an exclusive arrangement and further
agrees that the City may, at any time, secure similar or identical services at its sole option. A form
Vendor Agreement is included as Attachment #1 and said Agreement is subject to further
negotiations and modifications as deemed necessary by the City.
NEWS RELEASES/PUBLICITY: News releases, publicity releases or advertisements relating to
any contract shall not be made without prior City approval.
PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in
responding to this RFP.
RULES AND PROPOSALS: Applicant must indicate:
1 All person(s), company(ies) and/or parties with an interest in the proposal;
2. That the proposal is made without collusion with any other person(s), company(ies) or
parties submitting a proposal;
3. That he/she is acting in good faith, without collusion or fraud;
4. He/she has full authority to enter into the Agreement.
The City reserves the right to reject any or all proposals, waive minor informalities or award
to/negotiate with firms whose submittals best serve the interests of the City.
DAYS, HOURS AND LOCATION OF OPERATION: Surf instruction by the selected Vendor
shall only be authorized between the hours of 8:00 a.m. — 5:00 p.m. daily including weekends and
holidays. The successful Vendor shall have operational rights of the assigned beach area seven (7)
days per week.
The City reserves the absolute right to terminate the agreement if the selected Vendor does not
adhere to the Operating Regulations.
OPERATING REGULATIONS: Operating regulations for the selected Vendor and all
persons associated with Vendor (hereafter referenced as "Franchisee") are as follows:
1. Franchisee shall observe and comply with all City, County, State and Federal laws and
regulations and the terms and conditions set forth in the Agreement with the City relating
to the operational use of the City's assigned beach.
2. Franchisee shall conduct his/her operation and provide contracted services in such a
manner as to maintain reasonable quiet and minimize disturbance to the general public
and shall adhere to all requirements of City Code, including but not limited to Chapter 54
and City Ordinance No. 14-2010.
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3. The security for all property, equipment and supplies owned and provided by the
Franchisee shall remain the responsibility of Franchisee. Costs relating to the repair or
replacement of such items, stolen, lost or damaged shall be at the sole cost and expense
of the Franchisee.
4. Franchisee shall be responsible for all damage to City property or the City beachfront
caused by his/her employees or agents. Any such damage shall be corrected to the City's
satisfaction at the sole cost and expense of the Franchisee.
5. Franchise shall assume full responsibility for its operations and hold harmless and
indemnify the City of Cape Canaveral and its elected officials, officers and employees.
6. Franchisee shall provide a list of all proposed services and unit prices and shall not sell or
provide anything other than that which he/she is licensed to provide.
7. Franchisee shall not leave any location without first picking up, removing and disposing
of all trash, materials or refuse remaining from services provided by him/her in the
conduct of his/her operation.
8. Franchisee's property shall not be left unattended at anytime —there shall be no overnight
storage of any type on the beach. In addition, commercial surf school operations shall be
prohibited within the following areas:
a. Within conservation areas, dunes or other protected zones.
b. Within beach parking areas.
c. Within pedestrian beach approaches (crossovers).
d. Within 25 feet of any lifeguard tower or facility.
SEA TURTLES: Franchisee acknowledges that marine turtle nesting activity may be ongoing
between the period of March 1 and October 31, or as determined by the State of Florida and its
departments/agencies each year. It is the responsibility of the Franchisee to abide by any order
issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting surveys
may be conducted in accordance with the conditions set forth by the State. If the Franchisee or
his/her staff sees someone harassing a sea turtle or poaching a nest, the Franchisee shall
immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922.
DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description
of the scope of his/her proposed surf school operation including, but not limited to, a description
of services to be rendered; an operations schedule including proposed days of operation; number
and description of temporary shelters or other equipment used to store or transport instructional
materials; and the proposed prices of all services.
FRANCHISE FEES: A franchise fee of $500 shall be payable by the operator to the City upon the
contract execution and annually each year thereafter, including but not limited to renewal years,
if applicable.
SECURITY: Security of all equipment shall be the responsibility of the operator. Equipment must
be removed in the event of weather related danger (i.e., hurricane watch or warning) or at any
other time the City determines the need for removal.
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SERVICE TEST PERIOD: If the Franchisee has not previously performed services for the City, the
City reserves the right to require a test period to determine if the Franchisee can perform in
accordance with the requirements of the Agreement , and to the City's satisfaction. Such test
period can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications,
terms and conditions contained in the contract.
VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Franchisee
Performance Evaluation Report. This Report shall be used to periodically review and rate the
Franchisee's performance under the contract with performance ratings as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements.
Fair Just meets requirements.
Poor Does not meet all requirements and Vendor is subject to possible
termination.
Noncompliance Either continued poor performance after notice or a performance
level that does not meet a significant portion of the requirements.
This rating makes the Vendor subject to the default or cancellation
for cause provisions of the contract.
The Report shall also list all discrepancies found during the review period. The Franchisee shall be
provided with a copy of the Report, and may respond in writing if he/she takes exception to it or
wishes to comment. Franchisee reviews and subsequent Reports shall be used in determining the
suitability of contract extension.
ADMINISTRATIVE SERVICES: Personnel services provided by the Franchisee shall be by
employees of the Franchisee and subject to supervision by the Franchisee, and not as officers,
employees or agents of the City. Personnel policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under any contract shall be those of the Franchisee. The Franchisee
must also maintain a Drug -Free Workplace Program. The City's program requirements are
included on Attachment #2; this form must be included with each proposal.
SUBCONTRACTORS: Subcontractors shall not be permitted under this Agreement.
DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property
as a result of Franchisee operations shall be the responsibility of the Franchisee and shall be
repaired and/or replaced at no cost to the City.
INSURANCE:
1. Insurance Requirements: Upon award, the Franchisee shall obtain and furnish to the
City, prior to the Agreement being effective, Certificates of Insurance approved by the
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City. All insurance policies shall be with insurers with an acceptable rating, registered and
licensed to do business in the State of Florida. The Franchisee shall name the City as an
additional named insured with the following minimum coverages:
a. Worker's Compensation: Is required in accordance with the applicable provisions of
Florida Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury — each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined
single limit of not less than $1,000,000 bodily injury and property damage in
accordance with the laws of the State of Florida, as to the ownership, maintenance and
use of all owned, non -owned, leased or hired vehicles.
Upon request, the above requirements may be reduced in the final contract at the City's sole
discretion.
NOTICES: All notices and franchise fee payments shall be sent to the parties at the following
address:
City of Cape Canaveral
Leisure Services Department
P.O. Box 326
Cape Canaveral, FL 32920
PROPOSAL: The following shall be fully addressed in the proposal:
1. Statement of Qualifications:
Provide a statement of understanding of the critical issues and opportunities associated
with the proposed services and how the Proposer is uniquely qualified to assist the City
in this effort.
2. Preliminary Scope of Services:
Provide an outline detailing the approach and concept of the surf instruction service and
a proposed scope of services to demonstrate an understanding of the service.
3. Operations Schedule:
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Provide an operations schedule including proposed days and hours of services to provide
surf lessons.
4. Surf School Appearance:
Provide a color photograph that includes all temporary structures to include promotional
signage and equipment that will be on site.
5. Uniform/apparel:
Provide a color photograph of the instructor's uniform/apparel.
6. Services Offered:
Provide a list of all proposed services rendered and unit prices.
7. Experience:
State and document the number of years of experience the Proposer has had in providing
similar services. List clients for whom services have been provided in the last three years.
Provide client names, addresses, telephone numbers, client contacts, e-mail addresses
and dates that the services were provided.
8. Employees:
Provide proof that the business has sufficient employees to provide coverage at the onset
of the Agreement. List those persons who may have a management position and will be
working with the City - list the names, titles or positions and the project duties. The City
permits a maximum ratio of 5 students per 1 instructor.
9. Permits/Licenses:
Provide copies of all County, State and City permits and licenses.
CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall
be based on certain objectives and subjective considerations, and shall be based upon an
evaluation point system (Maximum 90 points) as follows:
Hours of operation: 0 to 10 points
Services and pricing offered: 0 to 10 points
Instruction experience/business references/performance history: 0 to 15 points
School equipment appearance: 0 to 15 points
Employee uniform/apparel appearance: 0 to 10 points
Licenses/permits/certifications/awards: 0 to 10 points
Local Preference: 0 to 10 points
Public and environmental impact on beach: 0 to 10 points
In addition, pursuant to Section 54-5(b) of the City Code, the Selection Committee and City
Council shall consider the following criteria to the extent applicable and this criteria can be used
as a material factor in determining the scoring criteria stated above:
(1)The effects the proposed franchise would have on the public's use and enjoyment of
the city's beaches;
(2)The effects the proposed franchise would have on public safety;
(3)The performance history of the proposed franchisee, if any;
(4)The environmental impacts of proposed franchise activities;
(5)Public input;
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(6)The ability of the bidder to comply with the minimum requirements of the franchise;
(7)The prices offered for the sale of food and beverages; and
(8)Any other criteria deemed relevant by the city council.
The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The
Committee shall score and rank all responsive proposals and determine a minimum of three (3)
Proposers to be finalists for further consideration. In the event there are less than three (3)
responsive proposals, the Committee shall give further consideration to all responsive proposals
received. If necessary, the Committee shall then conduct interviews, for clarification purposes only,
with the finalists and re -score the proposals. The Committee shall then make a recommendation
to the Cape Canaveral City Council for award.
Proposers or finalists may be required to provide an oral presentation by appearing before the
Selection Committee and City Council. The City may also require additional information and
Proposers shall agree to furnish such information. The City reserves the absolute right in its sole
discretion to award the contract to the Vendor who shall best serve the interests of the City. The
City reserves this right, based upon its deliberations and in its opinion, to accept or reject any or
all proposals. The City also reserves the absolute right to waive minor irregularities or variations
to the specifications in the proposal process.
STANDARD TERMS AND CONDITIONS:
Acceptance and Rejection: The City reserves the absolute right to accept or reject any
and all Proposals and to accept the Proposal which best serves the interests of the City of
Cape Canaveral. The City may award sections individually or collectively, whichever is in
its best interest, unless the Vendor only intends to propose for the contract in its entirety.
Conflict: In the event that a conflict arises as to the contents of the RFP and the
Agreement, the Agreement shall govern.
Economy of Preparation: The Proposals should provide a straightforward, concise
description of the Vendor's ability to fulfill the requirements of the Proposal.
Indemnification and Hold Harmless: By submitting a response document signed by an
authorized agent of the Franchisee, the Franchisee acknowledges and accepts the terms
and conditions of the following indemnification statement in the event of award:
"For all Services performed pursuant to this Agreement, the
Franchisee agrees to the fullest extent permitted by law, to
indemnify and hold harmless the City and its employees, officers,
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and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including
reasonable attorney's fees), directly or indirectly arising from the
negligent acts, errors, omissions, intentional or otherwise, arising
out of or resulting from Franchisee's performance of any Services
provided pursuant to this Agreement.
The indemnification provided above shall obligate the Franchisee to
defend at his/her own expense or to provide for such defense, at
the 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 or its employees, officers and
attorneys which may result from the Services under this Agreement
whether the Services be performed by the Franchisee or anyone
directly or indirectly employed by them. In all events, the City shall
be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this
indemnification provided herein. This paragraph shall survive
termination of this Agreement."
Informalities: The City of Cape Canaveral reserves the absolute right to both waive any
minor informality in Proposals and to determine, in its sole discretion, whether or not the
informality is minor.
Information: Franchisees are to furnish all information requested. Failure to do so may
be cause for rejection.
Interpretations: Any questions concerning conditions and specifications shall be
directed to the City Manager or City Manager's designee. Interpretations that may affect
the eventual outcome of this Proposal will be furnished in writing to all prospective
Franchisees. No interpretations shall be considered binding unless provided in writing by
the City of Cape Canaveral.
Non -Discrimination: The successful Franchisee will comply with all federal and state
requirements concerning fair employment and will not discriminate by reason of race,
color, age, religion, sex, national origin, or physical handicap.
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Patents and Copyrights: The Franchisee will agree to hold harmless the City of Cape
Canaveral, its officers, agents, employees, and attorneys from liability from any kind,
including costs and expenses, with respect to any claim, action, cost or judgment for
patent or copyright infringement.
Public Records: Florida law provides that municipal public records shall at all times be
open for personal inspection by any person. Section 119.01, Florida Statutes. Information
and materials received by the City in connection with an RFP response shall be deemed
to be public records subject to public inspection upon award, recommendation for award,
or thirty days after proposal opening, whichever occurs first. However, certain exemptions
to the public records law are statutorily provided. If the Franchisee believes any of the
information contained in his or her response is exempt from Florida's Public Records Law,
then the Franchisee must, in his or her response, specifically identify the material which is
deemed to be exempt and cite the legal authority for the exemption, otherwise, the City
will treat all materials received as public records.
Time for Considerations: Proposals will be irrevocable after the time and date set for
the opening of Proposals and for a period of ninety (90) days thereafter.
Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are
claimed by a Proposer, they will not be considered as trade secrets until the City is
presented with the alleged secrets together with proof that they are legally trade secrets.
The City will then determine whether it agrees and consents that they are in fact trade
secrets. If a Proposer fails to submit a claim of trade secrets to the City before obtaining
the City's agreement, any subsequently claimed trade secrets will be treated as public
records and will be provided to any person or entity making a public records request for
the information.
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Attachment #1
Vendor Agreement
Page 11 of 24
VENDOR AGREEMENT
THIS AGREEMENT is made this day of 2 ("Effective Date"), by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose
address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
whose address is
, Florida ("Vendor").
RECITALS:
WHEREAS, the Vendor desires to offer ("Services") for the
benefit of the public using the sand beach areas within the City'sjurisdictional boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public under
the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement
and the Vendor agrees to perform the Services outlined in the Request for Proposal, attached
hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present
agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an
investigation prior to execution of this Agreement and satisfied himself/herself as to the
conditions affecting the Services, the availability of materials and labor, the cost thereof, the
requirements to obtain necessary insurance as set forth herein, and the steps necessary to
complete the Services herein. The Vendor warrants unto the City that he/she has the competence
and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall
perform the Services with due and reasonable diligence consistent with sound professional
practices.
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1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto
the City that the services being performed pursuant to this Agreement do not constitute
professional services as defined by Section 287.055(2) (a), Florida Statutes.
ARTICLE 2
PAYMENT TERMS
2.1 Franchise Fee - Payment Terms. The annual Franchise Fee for Vendor's right to
operate under this Agreement shall be Five Hundred and no/100 Dollars ($500.00). The franchise
fee shall be payable to the City and shall be due and owing upon the Effective Date of this
Agreement and upon the Effective Date of any renewal term exercised hereunder. Vendor shall
not be authorized to conduct services under this Agreement until said franchise fee is paid in full
to the City.
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3.1 Provision of Services is a Private Undertaking; No Joint Venture. With regard
to any and all Services performed hereunder, it is specifically understood and agreed to by and
between the parties hereto that the contractual relationship between the City and the Vendor is
such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted
to establish any relationship other than that of an independent contractor between the City and
the Vendor during or after the performance of the Services under this Agreement. Nothing herein
shall be deemed to create ajoint venture or principal -agent relationship between City and Vendor,
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.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and
regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license
fees required by law, including but not limited to occupational fees and withholding taxes and
assume all costs incident to the Services, except as provided herein.
ARTICLE 4
SUBCONTRACTS; ASSIGNMENT
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4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest
in (including, but without limitations, moneys that may become due) this Agreement without the
written consent of the City, except to the extent that any assignment, sublet, or transfer is
mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated
to the contrary in any written consent to any assignment, no assignment shall release or discharge
the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not
subcontract any portion or all of the Services without the written consent of the City. Nothing
under this Agreement shall be construed to give any rights or benefits in this Agreement to
anyone other than the City and the Vendor, and all duties and responsibilities undertaken
pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor
and not for the benefit of any other party.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law; Venue. This Contract shall be governed by the laws of the State
of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties
agree that the Agreement was consummated in Brevard County, and the site of the Services is
Brevard County. If any dispute concerning this Contract arises under Federal law, the venue shall
be Orlando, Florida.
5.2 Notices. AM notices, demands, requests, instructions, approvals, and claims shall
be in writing. AM notices of any type hereunder shall be given by U.S. mail or by hand delivery to
an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
TO THE CITY:
Todd Morley
City Manager
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, FL 32920
Phone (321) 868-1220 x218
FAX (321) 868-1248
TO THE VENDOR:
Name:
Address:
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Telephone:
Fax:
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be
deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed
in the manner set forth above. Any party hereto by giving notice in the manner set forth herein
may unilaterally change the name of the person to whom notice is to be given or the address at
which notice is to be received.
5.3 Public Record. Pursuant to Section 119.0701, Florida Statutes, and other
applicable public records laws, Vendor 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 Vendor related, directly or indirectly, to the
services provided to the City under this Agreement and 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 the City or Vendor. 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 Vendor
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 VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT
(321) 868-1220 x.207, m.goforth@cityofcapecanaveral.org, City Clerk's Office, 100 Polk
Avenue, Cape Canaveral, FL 32920.
Vendor is required to and agrees to comply with public records laws. Vendor shall keep
and maintain all public records required by the City to perform the services as agreed to herein.
Vendor 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. Vendor 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,
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Vendor shall transfer to the City, at no cost, all public records in possession of Vendor, provided
the transfer is requested in writing by the City Clerk. Upon such transfer, Vendor 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, Vendor 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 the City, upon request from the City Clerk, in a format
that is compatible with the information technology systems of the 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 Vendor of the request and
Vendor shall then provide such records to the City or allow the records to be inspected or copied
within a reasonable time. If Vendor does not comply with a public records request, the City may
enforce this Section to the extent permitted by law. Vendor acknowledges that if Vendor does
not provide the public records to the City within a reasonable time, Vendor may be subject to
penalties under Section 119.10, Florida Statutes. The Vendor acknowledges that if a civil action is
filed against Vendor to compel production of public records relating to this Agreement, the court
may assess and award against Vendor 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 Vendor, be open and freely exhibited to the City for
the purpose of examination, audit, or otherwise. Failure by Vendor 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
Vendor 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 Vendor's failure to comply with this Section, the City shall collect from Vendor prevailing
party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section
against Vendor. 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 Vendor's failure to comply
with this Section. The terms and conditions set forth in this Section shall survive the termination
of this Agreement.
5.4 Amendment of Agreement. Modifications or changes in this Agreement must be
in writing and executed by the parties bound to this Agreement.
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from
this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional
word, sentence or paragraph did not exist.
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5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between
the parties hereto, the parties agree to bear their own costs and attorney's fees unless otherwise
expressly provided herein.
5.7 Entire Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
5.8 Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign immunity
to the fullest extent possible. 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, Florida Statutes or other limitations imposed on the City's
potential liability under state or federal law. As such, Vendor agrees that 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).
5.9 Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than City and Vendor, unless this Agreement expressly states
otherwise.
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall
provide proof of worker's compensation insurance in the minimum amount required by law (if
required).
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of
Insurance approved by the City. All insurance policies shall be with insurers with an acceptable
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rating, registered and licensed to do business in the State of Florida. The Vendor shall be required
to name the City as an additional named insured with the following minimum coverages:
a. Workers' Compensation: Is required in accordance with the applicable provisions of
Florida Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury — each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined
single limit of not less than $1,000,000 bodily injury and property damage in accordance
with the laws of the State of Florida, as to the ownership, maintenance and use of all
owned, non -owned, leased or hired vehicles.
(The above requirements may be reduced in the final contract at the City's sole discretion.)
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All of the policies of insurance
so required to be purchased and maintained for the certificates (or other evidence thereof) shall
contain a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) days' prior written notice has been given to
the City and the Vendor by certified mail, return receipt requested. All such insurance shall remain
in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named
on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance
carriers to furnish insurance certificates specifying the types and amounts of coverage in effect
pursuant hereto, the expiration dates of such policies, and a statement that no insurance under
such policies shall be canceled without thirty (30) days' prior written notice to the City in
compliance with other provisions of this Agreement. For all Services performed pursuant to this
Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1,
6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may elect to
terminate this Agreement by written notice to Vendor.
Page 18 of 24
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Vendor's performance of any Services provided
pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense
or to provide for such defense, at the 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 or its employees, officers and attorneys which may result from the Services under this
Agreement whether the Services be performed by the Vendor or anyone directly or indirectly
employed by them. In all events, the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein. The Vendor specifically assumes potential liability for actions brought by
Vendor's own employees against the City and, solely for the purpose of this indemnification and
defense, Vendor specifically waives its entitlement, if any, to immunity under Section 440.11,
Florida Statutes. This waiver has been specifically and mutually negotiated by the parties.
This paragraph 6.4 shall survive termination of this Agreement.
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that
degree of care and skill ordinarily exercised, under similar circumstances by reputable persons
providing the same or similar services.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination for Convenience by City. The City Council may terminate this
Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City
Council's sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations
under this Agreement, or if the Vendor shall violate any of the provisions of this
Agreement, the City Manager or City Manager's designee may upon written notice to the
Vendor, terminate the right of the Vendor to proceed under this Agreement, or with such
Page 19 of 24
part or parts of the Agreement as to which there has been default, and may hold the
Vendor liable for any damages caused to the City by reason of such default and
termination. In the event of such termination, the Vendor shall not be relieved of liability
to the City for damages sustained by the City by reason of any breach of this Agreement
by the vendor.
7.3 Termination by Vendor. With at least thirty (30) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of
this Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual
written consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled
to no additional compensation. Upon notice of termination, the Vendor shall cease all Services
being provided hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Vendor.
ARTICLE 8
TERM OF AGREEMENT
8.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on , unless extended by mutual written agreement of the parties.
ARTICLE 9
CONFLICTS
9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and
the Agreement, the Agreement shall govern.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of
the date first written above.
ATTEST:
CITY:
CITY OF CAPE CANAVERAL, FLORIDA
Page 20 of 24
Todd Morley, City Manager
Title: Date:
ATTEST:
VENDOR:
Title: Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
Date:
The foregoing instrument was acknowledged before me, by means of physical presence or
online notarization, this day of , 20, by , who
executed the foregoing instrument and acknowledged before me that he/she executed the same
for the uses and purposes therein expressed and who is personally known to me or who
has produced as identification and who did take an oath.
(NOTARY SEAL) Notary Public Signature
Typed or Printed Notary Name:
Page 21 of 24
Attachment #2
Drug -Free Workplace Program Form
Page 22 of 24
DRUG -FREE WORKPLACE PROGRAM
RFP #2020 - 01
To be considered for a Contract for this RFP, each Proposer must have a Drug -Free
Workplace Program in -place. In order to have a drug -free workplace program, a Proposer
shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing or possession of a controlled substance is prohibited in the
workplace and specifying the actions that shall be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
Proposer's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
a copy of the statement specified in subsection (1) above.
4. In the statement specified in subsection (1) above, notify the employees that, as a
condition of working on the commodities or contractual services, the employee
shall abide by the terms of the statement and shall notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Proposer complies fully
with the above requirements.
Signature Name of Company
Proposer Printed Name
Page 23 of 24
Proposer
Exhibit A
Commercial Surf School Franchise - RFP # 2020-01
Page 24 of 24
Attachment 2
CITY OF CAPE CANAVERAL
Request for Proposals
COMMERCIAL SURF SCHOOL FRANCHISE
RFP #2020-01
City of Cape Canaveral City Hall
First Floor Lobby
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
December 22, 2020
3:05 P.M.
CALL TO ORDER:
Leisure Services Director Gustavo Vergara called the Meeting to order at 3:07 P.M.
Others present:
Daniel LeFever, Deputy City Clerk
Jacob D. Oleson, Flohana LLC
Mr. Vergara announced the one proposal received:
RFP #2020-01 - COMMERCIAL SURF SCHOOL FRANCHISE:
Firm Location
Flohana LLC Satellite Beach, FL
Leisure Services Director Vergara stated the proposal would be reviewed, discussed next steps
and adjourned the meeting at 3:14 P.M.
Daniel LeFever, Deputy City Clerk
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CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 4
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, second 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 • February 16, 2021
Agenda Item # 4
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. On January 19, 2021, the City Council approved the Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey
Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 01-2021, second reading.
Approved b Cit Manager: Todd Morle Date: 02/04/2021
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 16th day of
13 February, 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: February 16, 2021
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
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CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 5
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, second 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 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).
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 • February 16, 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. On January 19, 2021, the City Council approved this Ordinance on first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dicke Date: 02/05/2021
Attachment: Ordinance No. 02-2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 02-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 16th day of
21 February, 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: February 16, 2021
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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 6
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, second 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 • February 16, 2021
Agenda Item # 6
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. On January 19, 2021, the City Council approved this Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickeys/ Date: 02/05/2021
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:
Date: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 03-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 16th day of
85 February, 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: February 16, 2021
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
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a ,
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sh
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a
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Shorewood Dr"\
Tropic Beach Dr
Solana Shores Drl
Lir Shorewood Dr
7.7"'Shore) ood D
ri
Live Oak Ct
L
V
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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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 7
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,
second 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 • February 16, 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. On January 19, 2021, the City Council approved this Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickey
Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 04-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 16th day of
13 February, 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: February 16, 2021
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
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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 8
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,
second 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 • February 16, 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. On January 19, 2021, the City Council approved this Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickeys: Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 05-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 16th day of
86 Febraury, 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: February 16, 2021
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
Villanova Dr
Casa Bella Dr
Thurm Blvd
Columbia Dr
Legend
Roadways
City of Cape Canaveral Boundary
Ord. 05-2021/Exhibit "A"
Exhibit "A", Ocean Garden Ln
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
Carver Dr
S 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, Ordnance Survey, Esri Japan, METI, Esr China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 9
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, second 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 • February 16, 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 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. On January 19, 2021, the City Council approved this Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickey
Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 06-2021, second reading.
Approved by City Manager:
Todd Morley Date: 02/04/2021
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 16th day of
12 February, 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: February 16, 2021
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
Villanova Dr
Casa Bella Dr
Thurm Blvd
Manatee Bay Dr
Columbia Dr
Legend
Roadways
City of Cape Canaveral Boundary
Ord. 06-2021/Exhibit "A"
Ocean Garden Ln
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
Carver Dr
S 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, Ordnance Survey, Esri Japan, METI, Esr China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 10
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, second 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 • February 16, 2021
Agenda Item # 10
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. On January 19, 2021, the City Council approved this Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 16, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickey Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 07-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 "C1 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 16th day of
90 February, 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: February 16, 2021
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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 11
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, second 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 • February 16, 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. On January 19, 2021, the City Council approved this Ordinance at First Reading.
The Notice of Hearing was placed for advertisement in Florida Today on November 19, 2020 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director:
David Dickey Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 08-2021, second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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 16th day of
14 February, 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: February 16, 2021
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.
Exhibit "A"
Ordinance 08-2021
Seaport Blvd
Beach Park Ln
Coral Dr
24-37-14-27-*a.02
Southgate Mobile Homes
Anchorage Ave
24-37-23-00-308
Washington Ave
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
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
24-37-23-CG-25-7
International Dr
Monroe Ave
Jackson Ave
Legend
Roadways
City of Cape Canaveral Boundary
Ord. 08-2021/Exhibit "A"
24-37-23-CG-41-1
24-37-23-CG-41-13
24-37-23-CG-41-9
Sources: Esri, HERE, Garmin,
Intermap, increment P Corp., GEBGO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMaps contributors, and the GIS User Community
Justamere Rd
Riverside Dr
Tyler Ave
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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 12
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, second 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).
At its January 19, 2021 Regular City Council Meeting, the Council passed a motion to approve at
First Reading.
The Notice of Hearing was placed for advertisement in Florida Today on February 4, 2021 and the
Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey : Date: 02/05/2021
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: 02/02/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 09-2021 on second reading.
Approved by City Manager: Todd Morley Date: 02/04/2021
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
23 administrative enforcement of the provisions set forth therein and specific penalties for
24 violations of the Code; 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. All 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 16th 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: February 4, 2021
31 Second Reading: February 16, 2021
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 • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 13
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, second reading.
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 • February 16, 2021
Agenda Item # 13
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 • February 16, 2021
Agenda Item # 13
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.
At its January 19, 2021 Regular Meeting, the City Council approved the proposed Ordinance on first
reading. However, due to the nature of the issue, the Council requested the Planning and Zoning
Board (Board) - prior to the Council's second reading of the proposed Ordinance - further vet and
provide specific recommendations on the following items:
1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental
to verify compliance with provisions of the Florida Building Code, Fire Inspection Code,
International Property Maintenance Code and other applicable City Code sections.
City of Cape Canaveral
City Council Meeting • February 16, 2021
Agenda Item # 13
Page 4 of 4
2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation rentals.
3. Sec. 110-486 (i) — the draft Ordinance restricts an owner from independently renting or
leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) — requires an owner of a vacation rental maintain a three-year log of all
bookings of the unit to include dates and number of occupants.
5. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant
is a sexual predator/offender.
At its January 27, 2021 Meeting, the Board conducted a public hearing to discuss the proposed
Ordinance. However, it was unable to complete its review and passed a motion to request the
Council postpone second reading of the Ordinance until the Board was able to complete its review
and forward a recommendation. The Board is scheduled to reconvene on this matter on February
24, 2021.
Submitting Department Director: David Dickey Date: 02/05/2021
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: 02/04/2021
The City Manager recommends the City Council take the following action:
Postpone second reading of Ordinance No. 10-2021 until the March 16, 2021 Regular Meeting.
Approved by City Manager: Todd Morley Date: 02/04/2021
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
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM # 14
Subject: Ordinance No. 11-2021; amending Chapter 98, Subdivisions, Division 5. — Lot splits to
authorize certain unapproved lot splits occurring prior to March 16, 2010 under the requirements
set forth herein; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
Department: Community and Economic Development
Summary: In 2010, the City passed Ordinance No. 03-2010 which, among other things, revised the
City's platting process as well as established an abbreviated lot split procedure for the subdivision
of one lot into two lots. The new lot split process required that an application first be considered by
the Planning and Zoning (P&Z) Board, who would make a recommendation to the Council for final
action. If approved by the City, the lot split documents would be filed and recorded with the Brevard
County Property Appraiser and the Brevard County Clerk of Court's public records.
In 2017, with the passage of Ordinance No. 08-2017, the City revised its long-standing definition of
a subdivision to include the "division of a tract of land into three or more lots or parcels for the
purpose of transfer of ownership or building development or, if a new street is involved, any division
of a tract of land. The term "subdivision" includes resubdivision and replatting, and, when
appropriate to the context, shall relate to the process of subdividing or the land subdivided."
Ordinance No. 08-2017 also established the Lot Split and Lot Line Adjustment process. A Lot Split is
defined as the "division of a tract of land or lot that will result in the creation of exactly one additional
lot or tract of land provided the lot or tract of land to be split is a previously platted lot or legal
description of record", while a Lot Line Adjustment is an adjustment of a lot line between contiguous
lots or parcels which may be platted or unplatted and which are under separate ownership or the
same ownership. A Lot Line Adjustment shall not result in the creation of a new lot.
Generally, the process for a Lot Split or Lot Line Adjustment with the City includes, but may not be
limited to, the following steps:
1. Pre -application meeting;
2. Application submittal (to include all required documentation);
3. City Staff review;
4. Public hearings (P&Z Board/City Council);
5. Notice to affected/adjacent property owners; and
6. Recording (official public record).
An issue arises however, when property owners do not obtain City approval of the subdivision of
land into two or more parcels as required by Code. Staff is aware of property owners, prior to the
adoption of the Lot Split regulations in 2010, that divided a tract of land or platted a lot into two
tracts or lots without complying with the City subdivision regulations. Instead, these property owners
recorded deeds with Brevard County Property Appraiser and Clerk of Courts, but did not go through
the City's process.
This becomes problematic as the new lots do not move through the City process above and may
not meet other sections or requirements in the City's Code (for example: dimensional requirements
City of Cape Canaveral
City Council Meeting • February 16, 2021
Agenda Item # 14
Page 2 of 2
specified as outlined in Chapter 110). In some cases, these unauthorized lots have been conveyed
to subsequent owners that may not be aware that the lot or tract of land was divided by the previous
property owner without complying with the City's subdivision regulations.
In response, the City Attorney has prepared Ordinance No. 11-2021 (Attached) to amend Chapter
98 - Subdivisions to recognize certain Lot Splits that were recorded in the official public records
without the City's written approval that occurred prior to March 16, 2010. To be eligible for after -
the -fact relief under the proposed Ordinance, the following criteria must be met:
a. Each of the two lots or parcels created by the Lot Split are adjacent and have direct ingress
and egress to a public or approved private street.
b. Each of the two lots or parcels created by the Lot Split comply with the minimum lot size
requirements set forth in the City Code unless a waiver or variance is granted pursuant to
applicable law.
c. The current owner(s) of the affected lots or parcels was not the owner of the lot or parcel at
the time the unauthorized Lot Split occurred and was recorded in the official public records
of Brevard County. Such owner(s) must comply with the Lot Split application requirements
and criteria set forth in this section and obtain an after -the -fact Lot Split permit.
d. The affected lots or parcels were not previously aggregated and unified together to construct
a building or structure permitted by the City.
e. The City Manager or designee determines that the lots or parcels are 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.
The restriction to further divisions of an approved Lot Split, except through the plat review and
approval process remains.
At its January 27, 2021 Regular Meeting, the Planning and Zoning Board recommended approval of
the subject Ordinance.
Submitting Department Director:
David Dickey Date: 02/09/2021
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: 02/09/2021
Attachment:
Ordinance No. 11-2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 11-2021 on first reading.
Approved by the City Manager: Todd Morley Date: 02/09/2021
1 ORDINANCE NO. 11-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 98,
5 SUBDIVISIONS, DIVISION 5. — LOT SPLITS TO AUTHORIZE
6 CERTAIN UNAPPROVED LOT SPLITS OCCURRING PRIOR TO
7 MARCH 16, 2010 UNDER THE REQUIREMENTS SET FORTH
8 HEREIN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
9 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and is expressly authorized to regulate the subdivision of land under Chapter 177, Florida
15 Statutes; and
16
17 WHEREAS, the City of Cape Canaveral has regulated and required property owners to
18 obtain City approval of the subdivision of land into two or more parcels since its incorporation in
19 1963;and
20
21 WHEREAS, on March 16, 2010, the City Council adopted for the first time, detailed lot split
22 regulations permitting property owners of a tract of land or lot that was previously platted or of
23 record to divide that land without platting and create one additional lot or tract; and
24
25 WHEREAS, notwithstanding the City's land subdivision regulations, City staff has observed
26 on official maps and records that several property owners, prior to the adoption of the lot split
27 regulations in 2010, may have divided a tract of land or platted lot into two tracts or lots without
28 technically complying with the City's land subdivision regulations by recording deeds on their own
29 accord in the official land records; and
30
31 WHEREAS, some of these unauthorized lot splits prior to 2010 appear to have been
32 conveyed to subsequent owners that may not have been aware that the lot or tract of land was
33 divided by the previous property owner without complying with the City's subdivision regulations;
34 and
35
36 WHEREAS, rather than requiring these subsequent owners of the property to obtain
37 "after -the -fact" lot split or plat approval, for the tracts or lots subdivided prior to March 16, 2010,
38 the City Council desires to afford these subsequent property owners equitable relief and recognize
39 such unauthorized lot splits, provided such previous subdivisions of land satisfy certain terms and
40 conditions stated herein; and
41
42 WHEREAS, the City's Planning and Zoning Board has reviewed and made a
43 recommendation regarding this Ordinance at a duly held public meeting as required by law; and
44
City of Cape Canaveral
Ordinance No. 11-2021
Page 1 of 6
1 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
2 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
3 Cape Canaveral.
4
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
6 ORDAINS, AS FOLLOWS:
7 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
8 this reference as legislative findings and the intent and purpose of the City Council of the City of
9 Cape Canaveral.
10
11 Section 2. Amending Chapter 98, Subdivisions, Division 5. — Lot Splits. The City
12 of Cape Canaveral Code of Ordinances, Chapter 98, Subdivisions, Division 5. — Lot Splits is hereby
13 amended as set forth below (underlined type indicates additions and strikeout type indicates
14 deletions, while *** indicate deletions from this Ordinance of said Chapter, Article and Division
15 that shall remain unchanged in the City Code):
16
17 DIVISION 5. - LOT SPLITS
18
19 Sec. 98-66. - Lot Splits.
20
21 The City Council may by resolution at a public hearing grant waivers from the platting
22 requirements of this chapter for divisions of land that constitute a lot split.
23
24 (a) Definition. For purposes of this section, the term "lot split" shall mean a division of a
25 tract of land or lot that will result in the creation of exactly one additional lot or tract of land
26 provided the lot or tract of land to be split is a previously platted lot or legal description of record.
27
28 (b) Lot split review and processing. Every lot split shall be processed in the following
29 manner:
30
31 (1) Application. An application form provided by the community development
32 department shall be completed and filed with the department, accompanied with the following:
33
34 a. An application fee approved by the city council by resolution;
35 b. One or more paper copies of the proposed lot split as specified in the application
36 form and an electronic copy if requested by the department;
37 c. A statement indicating whether new streets, water, sewer, drainage structures or
38 other infrastructure are required off -site to provide sufficient access or municipal services to the
39 subject land; and
40 d. Legal descriptions and acreage of the two proposed lots or tracts of land and a scaled
41 drawing showing the intended division shall be prepared by a duly licensed land surveyor
42 registered in the state. If a lot or tract of land contains any principal or accessory structures,
43 a survey showing the structures on the lot or tract of land shall accompany the application.
City of Cape Canaveral
Ordinance No. 11-2021
Page 2 of 6
1 e. A title opinion or report of the affected land verifying the record owner(s) and any
2 mortgage holders.
3
4 (2) City Staff review.
5
6 a. Upon receipt of a complete lot split application, the planning official shall review and
7 forward to the appropriate City reviewing Staff a copy of same and such other documents
8 to enable the city reviewing staff to review the application and either find the application to
9 be sufficient or point out areas that are inadequate or improper. The city attorney shall review
10 the title opinion or certification.
11 b. City reviewing staff shall return in writing all comments, recommendations and
12 questions to the applicant within 30 days of receipt of applicant's complete application.
13 c. Should any comment or recommendation made by the city reviewing staff require the
14 applicant to revise its submittal, the city reviewing staff shall review the revised submittal and
15 return all comments, recommendations and questions to the planning official, who shall then
16 forward all documents to the applicant.
17 d. Upon receiving satisfactory reviews from all of the city reviewing staff, the applicant
18 shall submit revised copies of the lot split and other information required by this section. The
19 number of copies required shall be determined by City Staff. Upon receipt of all documents, the
20 planning official shall schedule the application for consideration by the planning and zoning
21 board.
22
23 (3) Public hearing. The planning and zoning board shall consider an application for lot
24 split at a duly noticed public hearing and shall vote to recommend approval or disapproval of the
25 lot split to the city council. Upon receipt of the planning and zoning board's recommendation, he
26 city council shall, at a duly noticed public hearing, either approve, approve with conditions, or
27 deny the proposed lot split. Any approval of a lot split shall be by resolution of the city council.
28
29 (4) Review criteria. Before any lot split is recommended for approval by the planning and
30 zoning board or approved by the city council, the applicant must demonstrate, and the planning
31 and zoning board or city council must find, that the proposed lot split meets the following criteria:
32
33 a. The proposed lot split shall in every respect meet the criteria established elsewhere in
34 this chapter and the city code for the category of zoning and other relevant codes and applicable
35 law under which the property is zoned.
36 b. The application is consistent with the city's comprehensive plan.
37 c. The application does not create any lots, tracts of land or developments that do not
38 conform to the City Code.
39 d. The application provides for proper ingress and egress to all affected properties
40 through a public or approved private street or perpetual cross access easements.
City of Cape Canaveral
Ordinance No. 11-2021
Page 3 of 6
1 e. The application is compatible and in harmony with the surrounding neighborhood
2 including with respect to the size of existing surrounding lots and development trends in the
3 neighborhood which have been previously approved by the city council.
4 f. The application does not create burdensome congestion on the streets and highways.
5 g. The application promotes the orderly layout and use of land.
6 h. The application provides for adequate light and air.
7 i. The application does not create overcrowding of land.
8 j. The application does not pose any significant harm to the adequate and economical
9 provision of water, sewer, and other public services.
10
11 (5) Special notice for residential lot splits. Any proposed lot split of a residentially zoned
12 property shall require special notice be provided to adjacent property owners at least 14 days
13 prior to the planning and zoning board and city council hearings on the proposed residential lot
14 split. Said notices shall be provided by regular mail to adjacent property owners within 500 feet
15 of the property subject to the lot split application, and shall include the address and legal
16 description of the subject property, and the date, time and location of the planning and zoning
17 board and city council hearings. Notice of the planning and zoning board and city council hearings
18 may be consolidated into one notice. Notices provided under this subsection are hereby deemed
19 to be courtesy notices only and the failure to provide or receive said notices shall not be a basis
20 of appealing any decision made under this section. Applicants shall be solely responsible for the
21 cost of the notices required by this subsection.
22
23 (c) Recording. Upon approval of any lot split by resolution of the city council, the
24 resolution of the city council shall be duly recorded in the official public records of Brevard County
25 and the lot split shall be reflected on the appropriate city maps and documents.
26
27 (d) Unapproved Lot Splits Prior to March 16, 2010. A lot split initiated by a property
28 owner and recorded in the official public records of Brevard County without the City's written
29 approval prior to the adoption of this section on March 16, 2010 shall be recognized and
30 considered approved by the City for development permit purposes, without complying with the
31 requirements of this chapter, and an after -the -fact lot split permit will not be required, provided
32 each of the following requirements are satisfied:
33
34 a. Each of the two lots or parcels created by the lot split are adjacent and have direct
35 ingress and egress to a public or approved private street.
36 b. Each of the two lots or parcels created by the lot split comply with the minimum lot
37 size requirements set forth in the city code unless a waiver or variance is granted pursuant to
38 applicable law.
39 c. The current owner(s) of the affected lots or parcels was not the owner of the lot or
40 parcel at the time the unauthorized lot split occurred and was recorded in the official public
City of Cape Canaveral
Ordinance No. 11-2021
Page 4 of 6
1 records of Brevard County. Such owner(s) must comply with the lot split application requirements
2 and criteria set forth in this section and obtain an after -the -fact lot split permit.
3 d. The affected lots or parcels were not previously aggregated and unified together
4 to construct a building or structure permitted by the City.
5 e. The city manager or designee determines that the lots or parcels are compatible
6 and in harmony with the surrounding neighborhood including with respect to the size of existing
7 surrounding lots and development trends in the neighborhood which have been previously
8 approved by the city council.
9
10 (d) Restriction on additional lot split minor plat. No further division of an approved lot
11 split is permitted under this section, except through the plat review and approval process
12 procedures of this article.
13
14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
17
18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
21 and like errors may be corrected and additions, alterations, and omissions, not affecting the
22 construction or meaning of this ordinance and the City Code may be freely made.
23
24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
28 the validity of the remaining portions of this Ordinance.
29
30 Section 6. Effective Date. This Ordinance shall become effective immediately upon
31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
32 Charter.
33
34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
35 of , 2021.
36
37
38
39 [Signature Page Follows]
40
City of Cape Canaveral
Ordinance No. 11-2021
Page 5 of 6
1
2
3
4
5
6
7
8
9
10
11
12 ATTEST:
13
14
15
16 Mia Goforth, CMC
17 City Clerk
18
19
20
21
22
23
24
25 First Reading: February 16, 2021
26 Planning & Zoning Board: January 27, 2021
27 Advertisement:
28 Second Reading:
29
30
31 Approved as to legal form and sufficiency
32 for the City of Cape Canaveral only by:
33
34
35 Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Ordinance No. 11-2021
Page 6 of 6
For Against
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 16, 2021
AGENDA ITEM SUMMARY • ITEM #15
Subject: City Council selection of the 2021 Space Coast League of Cities Advocacy Team Member.
Departments: Legislative
Summary: The Space Coast League of Cities' (SCLOC) objective is to work in a collaborative manner
to promote local self -governance and serve the needs of Brevard County municipal governments
and residents. SCLOC's goal is to work closely with the Florida League of Cities (FLC), recognizing
the community -held belief that local self -governance is the foundation of American democracy and
of our Florida way of life. One of the ways municipalities in Brevard County work with the SCLOC
and FLC is to support legislative priorities by selecting fellow elected officials to serve on the SCLOC
Advocacy Team. The purpose of the Advocacy Team is to maintain ongoing dialogue regarding
concerns between the FLC and relevant entities such as the County, State and Federal governments
(Attachment 1). In August 2018, then Council Member Rocky Randels was appointed to serve as an
Advocacy Team Member. Since completing a 3-year term on Council in November 2019, Mr.
Randels now serves as Honorary Mayor Emeritus.
Advocacy Team Chair and Satellite Beach Vice -Mayor Dominick Montanaro, who is not available to
attend tonight's meeting, contacted Mayor Hoog and Staff to encourage selecting a City Council
Member to serve on the 2021 SCLOC Advocacy Team. Vice -Mayor Montanaro indicated it is vital
the City have an Advocacy Team Member for the City to assist community members to voice their
concerns regarding upcoming legislative issues affecting their City and its taxpayers. Having a
locally -elected official of their own will be effective in assisting community members in directly
contacting their State Representative and Senator to protect local self -governance and Home Rule.
The Advocate should be actively engaged with the public, as well as being the City Council's liaison
ensuring awareness of potential impacts, positive or negative, to the City and who the residents
and other stakeholders in the City need to make direct contact with on various State Legislative
Committees. The selected Cape Canaveral Advocacy Team Member must be willing to listen, learn,
cooperate and effectively communicate in order for the Advocacy Team to achieve maximum
effectiveness for the citizens of City of Cape Canaveral and Brevard County residents and
stakeholders as well.
The 2021 SCLOC and FLC legislative priorities include Short-term Rentals and Affordable Housing,
among others (Attachment 2). These priorities are a collaboration by the FLC, FLC Advocacy
Committee, SLC Advocacy Team and Federal Action Strike Team, recommending individuals to the
FLC who will lobby SCLOC priority issues in Tallahassee and Washington, D.C. Due to COVID-19
protocols at the Capitol in Tallahassee, the FLC announced they are holding a Virtual Legislative
Action Week event the week of March 15-19, including a mix of virtual live meetings, a virtual
networking event and pre-recorded videos that can be viewed anytime. As of this writing, schedule
details are forthcoming.
Submitting Council Member: Mayor Hoog
Attachments:
1. SCLOC Policies and Procedures — revised 11/12/2018
2. FLC 2021 Legislative Action Agenda
Date: 02/09/2021
City of Cape Canaveral
City Council Meeting • February 16, 2021
Agenda Item # 15
Page 2 of 2
Financial Impact:
Travel and Per Diem is budgeted under Legislative should the SCLOC Advocacy Team Member be
chosen by the FLC Advocacy Committee to travel to the State Capitol or Washington D.C.; Staff time
and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo Date: 02/08/2021
The City Manager recommends the City Council take the following action:
Discuss selection of the 2021 Space Coast League of Cities Advocacy Team Member.
Approved by City Manager: Todd Morley Date: 02/08/2021
Attachment 1
SPACE COAST LEAGUE OF CITIES INC.
A FLORIDA NOT FOR PROFIT CORPORATION
WWW.SCLOC.ORG
POLICIES AND PROCEDURES
As Amended - November 12, 2018
SPACE COAST LEAGUE OF CITIES WWW.SCIOC.Org
Table of Contents
I. HISTORY 3
II. PURPOSE 3
III. AUTHORIZED BUSINESS 3
IV. POLICIES AND PROCEDURES 3
V. FLORIDA LEAGUE OF CITIES AFFILIATION 3
VI. COMMITTEES 4
VII. FLORIDA LEAGUE OF CITIES (FLC) 5
VIII. LEAGUE REPRESENTATION 6
IX. DECISION MAKING RESPONSIBILITIES 7
X. COPIES 8
XI. DUES 8
XII. EXECUTIVE SECRETARY 9
XIII. FINANCIAL MATTERS 9
XIV. INSTALLATION OF OFFICERS AND DIRECTORS 9
XV. NO -SMOKING POLICY 11
XVI. VOTES ALLOCATED PER MUNICIPALITY 11
XVII. MEETINGS 11
XVIII. SCHOLARSHIP 11
XIX. CORPORATE INFORMATION 12
XX. FORMS 13
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I. HISTORY
The Space Coast League of Cities Inc. (hereinafter referred to as the "League") was incorporated
in February 1970 as a Florida not -for -profit corporation under the name of Brevard County League
of Municipalities, Inc. The original Officers and Directors were John M. Candy (President) and Lee
Ayres (Secretary) from Titusville, Percy L. Hedgecock (Vice President) from Satellite Beach, and
Robert McKemy (Treasurer) from Melbourne. In May 1985, the name was changed to Brevard
County League of Cities, Inc.; and in June 1990, the name was finally changed to Space Coast
League of Cities, Inc.
II. PURPOSE
The purpose of the League is to bring Space Coast municipalities together for mutual
assistance in:
A. Improving municipal government;
B. Studying and solving municipal problems;
C. Promoting communication and the exchange of ideas and experiences in successful
methods of administration;
D. Fostering municipal education and a greater civic consciousness among the citizens of the
Space Coast;
E. Promoting the welfare of Space Coast communities and citizens
III. AUTHORIZED BUSINESS
League Bylaws require that all business considered by the League must be directly related to
municipal issues. Any delegate(s) officially representing the views of the League before any
person, organization, or legislative body must confine the representation to issues directly
affecting municipalities. Any legislation sponsored or endorsed by the League must pertain
solely to municipal issues.
IV. POLICIES AND PROCEDURES
This document and the Bylaws contained all the policies, which have been established by the
League. Any policies not included in this document can be found in the Bylaws.
V. FLORIDA LEAGUE OF CITIES AFFILIATION
The League is an independent, self -governed affiliate of the Florida League of Cities,
Incorporated (FLC), a Florida not -for -profit corporation, constituting FLC District
Representatives. The FLC was founded in 1922 and is headquartered in Tallahassee.
Throughout the year, the staff at FLC enthusiastically shares its extensive local government
expertise with municipalities and provides numerous educational and networking opportunities
to those involved in local government. Primary among these is FLC's annual conference, which
is traditionally a highly informative and worthwhile event. Individuals from our League have the
opportunity to serve on the various FLC committees, and each year the League appoints two
individuals to serve as District representatives on the FLC Board of Directors. The mission of
the FLC is to:
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A. Aggressively promote municipal independence and represent the interests of the
municipal governments in Florida.
B. Increase public knowledge of municipal services, issues, concerns, accomplishments and
responsibilities.
C. Provide professional, high -quality information, research, training; and technical assistance, as
well as innovative forums, conferences, publications and on-line services to help municipal
governments plan for the future and improve the quality of life for their citizens.
D. Provide professional administrative leadership to ensure the continued availability of financially
sound, innovative and cost-effective insurance/risk-management and financial services,
programs and products to local governments.
E. Provide responsible and honorable stewardship of the Florida League of Cities' resources,
especially human and financial.
VI. COMMITTEES
The committees described below are either standing or commonly -appointed League
committees. This is not an all-inclusive list, as the Bylaws permit the creation of any committee
deemed appropriate to conduct League business. With the exception of the Intergovernmental,
Nominating, and Scholarship Committees, any number of committee members may be
appointed to any League committee. The Bylaws provide that active delegates (both voting and
non -voting) of member municipalities are automatically eligible to serve and vote on all
committees; and associate, government, and honorary members may serve and vote on
committees (except the Intergovernmental, Nominating, and Scholarship Committees) if
approved by the Board.
(NOTE: See Bylaws for further discussion of committees.)
A. FINANCIAL BUDGET COMMITTEE: This committee is appointed by the President in
March and is Chaired/Headed by the Treasurer. This committee generates the upcoming
Budget and assists the Treasurer in reviewing the monthly financials and ongoing
budgetary issues.
B. GOVERNANCE COMMITTEE: This committee is appointed by the President in March and
is Chaired/Headed by the Vice President. The committee's purpose is to provide guidance
to the Board and handle changes to the League's Bylaws and Policy and Procedures as
the Board makes decisions during its course of business that requires changes to such
documents.
C. INTERGOVERNMENTAL COMMITTEE: This committee is appointed by the President in
January to serve for one year. Its purpose is to maintain ongoing dialogue regarding
concerns between the League and relevant entities such as the County, State and Federal
Governments. This committee will recommend to the Board legislative issues for the
League to endorse and to produce a list of legislative priority issues to be presented to the
Brevard Legislative Delegation. The committee will draft proposed legislation for Board
approved issues and work with the Florida League of Cities in conjunction with the FLC
Advocacy Committee and Federal Action Strike Team for support of the SCLC issues in
Tallahassee and Washington. Membership consists of no more than one representative
per League municipality. Meetings are scheduled as needed. The meetings will be noticed,
open to the public with public comment invited, and minutes will be taken. Issues pursued
by this committee must have prior Board approval. This committee is also responsible to
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bring attention to matters and issue the County, State House and Senate, and Federal
House and Senate members have proposed and need local Government support for
passage. This committee will recommend to the Board the person(s) to lobby the SCLC
issues in Tallahassee and Washington D.C. To accomplish this, the following schedule of
activities applies:
1. September 15: Deadline for municipalities to submit their priority legislative issues.
2. September 30: Deadline for committee to send compiled list of all submitted issues to
each municipality for its selection of the 10 issues it considers most important.
3. October 31: Deadline for municipalities to return their top 10 legislative issues from the
compiled list.
4. November: At the November regular Board meeting, present a summary of the number
of votes received for each issue on the compiled list, and recommend issue(s) for Board
approval The Board will then approve one or two issues for League support during the
upcoming regular session of the Florida Legislature. Before the end of November, inform
the Brevard Legislative Delegation of the League's top legislative issue(s), and provide a
copy of FLC's legislative priorities.
5. December: At their December public meeting, address the Brevard Legislative
Delegation regarding the League's top issue(s). Begin working with appropriate staff to
draft legislation.
6. January - April: Monitor the legislation's progress (tortured journey) through the
Legislature, and continue working with staff as needed.
7. March: At the March regular Board meeting, recommend for Board approval the
person(s) to lobby our issue(s) in Tallahassee. Prepare a position paper (on League
letterhead) for each issue.
ADVOCACY Team shall be a subcommittee of the Intergovernmental Committee. The
Advocacy Team shall be composed of one member selected by each Brevard County
Municipality. The purpose of the Advocacy Team shall be to develop and maintain a
positive working relationship with the members of the Brevard County Board of County
Commissioners, State Legislators, and members of Congress. Individual members of the
Advocacy Team shall regularly meet with those in a position to support the Legislative
Priorities of the Space Coast League of Cities and the Florida League of Cities.
Members, pursuant to approval of the Board of Directors, may travel to the Florida State
Capital, Tallahassee, and to the Capitol of the United States, Washington D.C., to lobby
for support on selected issues.
D. NOMINATING COMMITTEE: This committee is appointed by the President in March. This
committee shall consist of no fewer than three (3) members, and include a majority of past
presidents if possible. The remaining members will be members -at -large with no
municipality having more than one member. Past Presidents will have the privilege of first
serving on this committee over a member -at -large. A minimum of one past president must
serve on this committee, however if no past president wishes to serve then the current
president will serve on this committee. The committee members will be appointed to serve
for one year, and will present a slate of candidates in October for the November election
of officers.
(NOTE: See "Committees" section in Bylaws for further requirements for this committee.)
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E. SCHOLARSHIP COMMITTEE: This committee is appointed by the President in March.
This five (5) member committee recommends both the scholarship recipient(s) and
alternate(s) for the Board's approval.
(NOTE: See "Scholarship"section in this document for further requirements for this committee).
F. HOLIDAY PROGRAM COMMITTEE: This committee is appointed by the President in
September to plan a special holiday program for the December regular membership
meeting.
VII. FLORIDA LEAGUE OF CITIES (FLC)
On an annual basis at the June meeting nominations will be taken from the floor for candidates
to be elected to represent the League on the FLC Board of Directors. Each Board member is
granted one vote. The votes will be done by ballot, with the voter signing their name legibly to
the ballot. Each ballot will contain no more than one vote for each of two candidates and only
the votes for the candidates will be counted. The CPA and Attorney will tally the votes and ratify
the count. The two individuals with the most votes will be the Leagues suggested
representatives to the FLC Board of Directors. If there is a tie, there will be second vote
following the same procedure for the individuals that had the tie vote. The person with the most
votes will win.
VIII. LEAGUE REPRESENTATION
A. Legislative Action Day (Tallahassee): Each year, the FLC schedules a Legislative Action
Day for intensive lobbying in Tallahassee by FLC members. While the Intergovernmental
Committee continues to work on League priorities as needed throughout the legislative
session, to a large extent, this special day is the culmination of their work. The League and
individual Brevard municipalities send representatives to lobby for the priorities of the FLC,
the League, and the represented municipalities. The staff at FLC maximizes each
participant's efforts by arranging accommodations and facilitating contacts with legislators.
Included is a special breakfast or luncheon for members and invited legislators, for which
the Executive Secretary sends invitations in March to the entire Brevard Legislative
Delegation and provides to the FLC staff the names of those who accept.
B. Legislative Coordination Meeting: It is recommended that those participating in
Legislative Action Day meet before their trip to discuss strategies to make that day as
productive as possible. It can be especially helpful for first -timers to be briefed on what to
expect by those who have previously participated, and it can provide an opportunity to see
if lobbying efforts for the various represented issues can be coordinated for maximum
effectiveness.
C. Tips for the FLC schedule of events, which lobbyists receive when they register at the
designated location, will include a block of time reserved for office visits with individual
senators and representatives. For maximum effectiveness, itis recommended that
lobbyists visit each member of the Brevard Legislative Delegation and those legislators
who chair the committees, which control the issues being lobbied. Appointments with the
Brevard Legislative Delegation are not required, because they will be expecting Brevard
lobbyists to stop by. Appointments are, however, recommended for other legislators. At
each office visit, be courteous, be brief, and leave a position paper(s) with the legislators.
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D. Lobbying Rules
1. League Lobbyists (i.e. those who lobby on behalf of the League): must be approved by
the Board, following recommendation(s) by the Intergovernmental Committee (The Board
can appoint as many lobbyists as it deems appropriate).
2. Must be selected from voting/non-voting delegates/members who volunteer to serve in
this capacity.
3. Must agree to lobby all issues approved by the Board. May also lobby other issues (such
as those which pertain to their individual municipalities), as long as they are not in conflict
with Board -approved issues.
E. Allowable Expenses (for non -local lobbying as appointed by SCLOC):
1. Government rates for hotel, per diem (meals), and mileage. Include airfare if approved for
special circumstances by the Board.
2. Paid by the League, unless member municipalities wish to pay the expenses of their
delegates.
(NOTE: See the League's Travel Reimbursement Policy attached as Addendum A)
F. FLC's Action Alerts: Throughout the entire session of the Florida Legislature, the FLC
faxes or e-mails many short -fuse requests to municipalities and affiliated leagues, asking
them to contact specific legislators (usually the local delegation) about pending legislation.
To ensure that the League supports FLC's tireless efforts to secure laws which best serve
municipalities, the President (or the President's designee) should do the following:
1. Call or write (as requested) the identified legislators, stating the League's position on the
subject legislation. To ensure the League's timely response, use a simple format
containing language provided by the FLC staff. (Don't take time to reinvent the wheel!)
2. Fax or e-mail a copy of these letters to each municipality as a sample for them to use if
they want to individually add their prompt support to FLC's positions.
IX. DECISION MAKING RESPONSIBILITIES
The following summarizes the entities responsible for League decisions, as assigned by the
Bylaws or this document. Note that some duties may be performed by more than one entity.
(NOTE: See Section 5 of the BYLAWS defining voting members.)
A. Matters Which Board Must Decide Alone:
1. Manage the business and property of the League.
2. Decide all matters not specifically assigned to the regular membership or President.
3. Determine which matters, other than those required to be assigned otherwise, can be
decided by the regular membership following Board approval.
4. Approve League resolutions.
5. Amend/rescind Bylaws.
6. Amend/rescind Policy and Procedure documents and all governing documents.
7. Authorize associate, government, and honorary members to serve and vote on
committees (except the Nominating Committee).
8. Authorize committees to obligate the League or create financial liabilities for the League.
9. Ratify all committee -member appointments.
10. Approve pro -ration of membership dues.
11. Decide time and place of regular membership meetings.
12. Call election meetings (to be held during regular membership meetings).
13. Determine whether to grant additional time for public comment at Board meetings.
14. Approve League's legislative issues and issues to be pursued by the Intergovernmental
Committee.
15. Approve League's lobbyist(s).
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16. Approve airfare for League's lobbyist(s) for special circumstances if Budget allows.
17. Authorize paying meal providers more than $30 per League dinner.
18. Approve Treasurer's Reports subject to financial review by CPA.
19. Approve scholarship recipient and alternate.
B. Matters Which Board Can Decide Alone:
1. Create committees.
C. Call special membership meetings. Call regular and special Board meetings.
Board Decisions, Which Regular Membership Must Approve:
1. Approve League resolutions.
2. Award lifetime honorary memberships to outstanding League delegates (voting or non-
voting).
3. Decide all matters, which the Board assigns to the regular membership for final
consideration.
D. Matters Which Regular Membership Must Decide Alone:
1. Nominate individuals for a life time honorary membership.
2. Elect officers.
3. Remove officers.
4. Decide emergency agenda items (i.e. those presented directly to the regular membership
by the President because their urgency did not allow time for prior Board approval).
E. Matters Which President Must Decide Alone:
1. Appoint all necessary liaisons with other organizations.
2. Appoint all committee members (subject to Board ratification).
3. Appoint all committee chairs unless otherwise specified in document.
4. Excuse a Director absence from Board meetings.
5. Determine method of voting if not previously specified in document. (unless someone
eligible to vote requests a roll -call vote).
6. Determine whether to grant additional time for public comment at membership meetings.
7. Determine whether to place emergency items on the agenda for membership meetings.
F. Matters Which President Can Decide Alone:
1. Create Committees.
2. Call special membership meetings.
3. Call regular and special Board meetings.
X. COPIES
Persons or organizations, except for League members, who request copies of League
document's will be charged 15-cents per one-sided page, 20-cents per two-sided page, $1 per
certified copy, and the actual mailing or delivery costs incurred. Applicable charges must be paid
before copies are provided.
If the nature or volume of the records requested to be inspected or copied is such as to require
extensive use of information technology resources or extensive clerical or supervisory
assistance by personnel of the agency involved, or both, the agency may charge, in addition to
the actual cost of duplication, a special service charge, which shall be reasonable and shall be
based on the cost incurred for such extensive use of information technology resources or the
labor cost of the personnel providing the service that is actually incurred by the agency or
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attributable to the agency for the clerical and supervisory assistance required, or both. Where
provision of another room or place is necessary to photograph records, the expense of providing
the same shall be paid by the person desiring photographic copies of the records.
XI. DUES
Annual membership dues are assessed for each category of membership as shown below. The
Executive Secretary sends invoices for annual dues in September, with full payment due by October
1
A. Regular Members: Member municipalities are charged dues according to the number of
votes allocated to them in the Bylaws. The amount of dues for each vote is $30.
(Note: See "Votes Allocated Per Municipality" - section XVI)
B. Associate Members: Dues for Associate Members are prorated quarterly during the
calendar year. Their dues are shown below.
1. Individual: Annual $40. (Prorated monthly)
2. Corporate: Annual $65. (Prorated monthly)
C. Government Members: No dues (per Bylaws).
D. Honorary Members: No dues (per Bylaws). An Honorary membership card is given to Past
Presidents and any other members the Board approves.
XII. EXECUTIVE SECRETARY
A. DUTIES: The Executive Secretary performs those duties, which are permitted by the
Bylaws. The Executive Secretary serves as the custodian of all official records retained by
the League and purges these files as permissible. S/he maintains League files both hard
and electronic copies and ensures their completeness. S/he also maintains the corporate
seal, prepares required reports for appropriate signatures and correspondence as required
or as requested by the President. The Executive Secretary ensures that all billing and other
administrative matters are completed in a timely manner, and assists the League officers
in their duties as requested. Those who prepare official League correspondence or reports
of any kind are responsible for ensuring that the Executive Secretary receives a copy of the
signed document for filing and maintaining with the League's official records.
(NOTE: See "Executive Secretary Responsibilities" form located on the SCLOC website at
www. SCLOC. org)
B. PAYMENT: The Executive Secretary is a self-employed provider of secretarial and
administrative support services. The annual amount paid for these services is shown in
each year's budget.
XIII. FINANCIAL MATTERS
A. FINANCIAL REPORTS: The League Treasurer provides a monthly Treasurer's Report to
the Board. The Board, subject to financial review at the end of January by the CPA, must
consider this report.
B. FISCAL YEAR: The League's fiscal year runs from January 1 through December 31.
C. FLC FUNDS: The FLC has placed no restrictions on the use of funds it contributes to local
leagues. The League is free to allocate the funds as they see fit.
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D. TREASURER ADMINISTRATIVE ASSISTANT:
1. Duties: The Treasurer Administrative Assistant performs those duties which are
permitted by By -Laws, and assigned by the League Treasurer at each monthly dinner
of the League. S/he participates with the host municipality in checking members and
guests in at each League meeting, records each attendee method of payment, issue
receipts, reconcile all payments (cash and checks received) at the end of each meeting,
and record all individuals that need to be billed.
2 Payment: The Treasurer Administrative Assistant is a self- employed provider of
administrative support services. The annual amount paid for these services are shown
in each year's budget. The League acknowledges the Treasurer Administrative
Assistant may for personal reasons need to miss a monthly meeting. Such an absence
may be approved by the League President. If alternative arrangements are made in
advance to fulfill the monthly duties, the Treasurer Administrative Assistant shall be
paid for the approved services. However, this arrangement shall be limited to missing
no more than three (3) non-consecutive and non -medical meetings per year.
XIV. INSTALLATION OF OFFICERS AND DIRECTORS
Officers and Directors are installed during the January regular membership meeting.
A. Oath of Office: For both Officers and Directors, the oath of office (which is first spoken
and then signed in writing) is administered by the League Attorney if s/he is a notary public.
(If the League Attorney is not thus qualified, another person who is a notary public must
be selected.) Any Officer or Director absent from the formal swearing -in ceremony must
sign the oath before a notary public at his/her earliest opportunity. The following oath is
administered:
I do solemnly swear (or affirm) that 1 will support and defend the Constitutions of the United
States and the State of Florida against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I am entitled to hold office under the Bylaws of the Space
Coast League of Cities; and that I will faithfully perform all the duties of the office of of
the Space Coast League of Cities, on which I am about to enter, (so help me God).
B. Presentations to Officers:
1. Following their swearing -in, the newly installed officers receive the following from the
outgoing President: each receives a League nametag (showing the new office held), and
the incoming President receives the League gavel.
2. The League has traditionally presented the outgoing officers with plaques to recognize
their service to the League. The Immediate Past President is responsible for planning
and presenting any such tributes to the outgoing officers.
3. The outgoing President presents an Honorary Membership Card to the Immediate Past
President.
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XV. NO -SMOKING POLICY
******* Smoking is not permitted at any League meeting. ********
XVI. VOTES ALLOCATED PER MUNICIPALITY
The number of votes allocated to member municipalities is dependent upon population and is
specified in the table of Section 5 of the Bylaws.
XVII. MEETINGS
A. Regular Meetings - Board of Directors: The regular monthly Board meeting begins at a
time set by the Board immediately prior to the regular membership meeting. With at least
ten days' notice to the members, the President may change the time for a Board meeting
if the agenda dictates more or less time would be required.
B. Regular Meetings — Membership: The regular monthly membership meetings are usually
dinner meetings, which are held on the second Monday of each month at 7 p.m., unless
that date conflicts with national or religious holidays. If such a case occurs, the Board of
Directors will determine whether the meeting will be moved to another day or skipped for
that month. Absent special circumstances, dinner meetings should adjourn by 9 p.m. The
hosting of dinner meetings rotates among member municipalities according to a schedule
shown in the Calendar of Events.
(NOTE: In the event of a state of emergency the President has the authority to cancel both
the Board of Directors and Members meetings.)
C. Dinner Meetings: The following provisions apply to dinner meetings:
1. Cost: The maximum amount authorized for the League to pay any provider for any meal
shall be set by the Board of Directors and may be adjusted from time to time as required
for cost increases. Any amount exceeding the provider's cost shall be retained by the
League. Because the League must promptly pay for all meals ordered, all dinner charges
must be paid before or at the meeting. Member municipalities - and not the League
Treasurer- are responsible for ensuring timely payment for all guests attending from their
municipality. All other members are likewise responsible for ensuring timely payment for
themselves and their guests.
2. Reservations: The Executive Secretary accepts membership and guest dinner
reservations until the prior Wednesday, when s/he reports the total number to the host
municipality. (Those seeking reservations after that time must contact the host
municipality directly to see if their reservations can still be accommodated.) Prior to the
dinner meeting, the Executive Secretary provides the Treasurer with a record of dinner
reservations, which the Treasurer uses to monitor payment for all dinner charges (after
including any late reservations reported by the host municipality).
3. Guests without Charge: The following persons are invited to attend our dinner meetings
without charge: League Attorney, League CPA, League Executive Secretary, program
speakers, Florida State Senators, Florida State Representatives, U.S. Senators, and
U.S. Representatives.
4. Guest Introductions: Candidates for any elective office are not to be identified as such if
introduced to the entire gathering. At the SCLOC discretion, candidates may set up a
table outside of the dinner room with their literature.
5. Program: The League Vice President is responsible for planning and scheduling the
program/speaker for each dinner meeting, and providing assistance as needed.
Therefore, any host municipality desiring to plan the program must coordinate this with
the Vice President.
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6. Host Responsibilities: The host municipality is responsible for the following:
a. Location. Select the location for the dinner. In order to properly conduct League
business and present the program, it is necessary to have a facility with a large,
private area which accommodates a sound system, lectern, flag, and space for the
President to conduct the meeting, without interruptions by the facility's noise, music,
customers, etc. It is for these reasons that restaurants are seldom -good locations for
our business meetings.
b. Room for Board Meeting. Ensure that an adequate, separate area is available for the
Board of Directors' meeting, preferably away from the noise of guests socializing
during the time of Attitude Adjustment.
c. Meal Arrangements. Make all meal arrangements, including menu selection, Report
the total number of reservations (as submitted by the Executive Secretary) to the
meal provider. Receive all calls for late reservations and determine if they can be
accommodated. Notify the meal provider and the Treasurer of any added
reservations.
d. Head Table. Make all decisions regarding the head table. This includes the number of
seats at the head table, as well as who, specifically, will fill them. (Please do not arrange
for a head table and then wait until the beginning of the dinner meeting to ask the
President whom s/he wants seated there.)
e. Equipment. Ensure that a lectern, working sound system, and American flag are
available at the meeting. A table lectern located at the center of a head table works
well, as does a floor lectern located beside ahead table.
f. Spokespersons. Decide ahead of time who will lead the Pledge of Allegiance and give
the invocation and welcoming remarks. Provide these names to the President before
the meeting.
XVIII. SCHOLARSHIP
The Space Coast League of Cities annually co-sponsors, with corporate donors, and co -
presents a scholarship for students with a permanent residence in Brevard County, Florida. The
amount of the scholarship to each student is determined according to the amounts of the
funds/sponsors for that fiscal year. It is renewable, but not transferable. Proceeds are paid jointly
to the designated college/university or the student. The Scholarship Committee sets the criteria,
maintains the policies and procedures, presents the applicants, and recommends candidates to
receive the scholarship to the Board.
(NOTE: Eligibility and selection criteria can be found on the SCLOC website under the Scholarship
Policies and Procedures at www.SCLOC.org)
XIX. CORPORATE INFORMATION
The Space Coast League of Cities Inc. is a Florida not -for -profit corporation, but it is not tax-
exempt. Accordingly, the League is subject to both Federal income tax and State of Florida
sales tax. The Treasurer, working with the CPA, is responsible for timely preparation and filing
applicable tax returns.
The League's Federal Employer Identification Number is 51-0580775.
The League's Registered Agent is the Executive Secretary/Director. The address for the
Registered Agent is 1600 Huntington Lane, Rockledge, FL 32956 (Rockledge City Hall).
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The League's primary place of business and post -office -box business address are located at
City Hall, where a "Space Coast League of Cities" sign is posted. City of Rockledge staff
members generously assist the Executive Secretary with administrative support as needed.
To enable the League's daily business to be conducted as conveniently as possible, the
League's phone, fax, and files are maintained at the residence of the Executive Secretary.
XX. FORMS
Copies of all SCLOC forms mentioned and or described in this document are available by
request from the Executive Secretary or can be found on the SCLOC website at
www.SCLOC.org.
This is not a comprehensive list and forms and policies will change over time.
• Calendar of Events
• Executive Secretary Duties
• Template - Board of Directors Regular Meeting Agenda
• Template - Membership Meeting Agenda
• Oath of Office — Officers
• Oath of Office — Board of Directors
• Template - Membership List
• Template — Board of Directors Contact List
• Template — Board Roll -Call Vote List
• Template — Record of Attendance for Meetings
• Treasurer's Report form and applicable templates and forms
• Travel Policy and Travel Reimbursement Request form
• Scholarship Policies and Procedures and applicable forms
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Attachment 2
2021
Florida League
of Cities
LEGISLATIVE
ACTION AGENDA
PRIORITIES
Sales Tax Fairness Affordable Housing
Short -Term Rentals Annexation
Discharges to Surface Waters
IMPORTANCE OF HOME RULE
The Florida League of Cities believes in the importance of local
self-government and that those officials closest to the people
know their community best. Each of these issues supports Home
Rule and a municipality's ability to govern itself based on the
wants and needs of its residents. Home Rule is supported by an
overwhelming majority of Florida residents. It is the foundation
for local governments as they create fair, effective and respon-
sive policies for their communities.
PRIORITY STATEMENTS
Sales Tax Fairness: The Florida League of Cities SUPPORTS
legislation to update Florida's sales and use tax laws that apply
to online/e-commerce sales from out-of-state retailers. Changes
are needed to ensure that in -state retailers are treated equitably
and that the Florida sales and use tax law is equally enforced.
Contact: Amber Hughes • ahughes@flcities.com
Short -Term Rentals: The Florida League of Cities SUPPORTS leg-
islation providing for a collaboration between the Florida Depart-
ment of Business and Professional Regulation and cities to ensure
that short-term rental properties abide by state and local regula-
tions, are properly licensed and insured, and comply with state and
local taxation requirements as well as industry -accepted safety
practices. The Florida League of Cities SUPPORTS legislation
clarifying that existing, grandfathered municipal short-term rental
ordinances can be amended without penalty.
Contact: Tara Taggart • ttaggart@flcities.com
Discharges to Surface Waters: The Florida League of Cities
SUPPORTS legislation that establishes reasonable time frames
for utilities to eliminate, to the extent possible in compliance
with regulatory requirements and with specified exceptions, dis-
charges to surface waters unless a utility demonstrates it is not
environmentally, technically or economically feasible.
Contact: Rebecca O'Hara • rohara@flcities.com
LOCAL
VOICES
MAKING
LOCAL
CHOICES
Affordable Housing: The Florida League of Cities
SUPPORTS legislation that requires all monies
from the Sadowski State and Local Government
Housing Trust Funds be used only for Florida's
affordable housing programs.
Contact: Jeff Branch • jbranch@flcities.com
OTHER ISSUES OF IMPORTANCE
Cybersecurity: The Florida League of Cities SUP-
PORTS legislation dedicating state resources for
the development and enhancement of municipal
cybersecurity by providing funding for technical
assistance, threat assessments, employee train-
ing, infrastructure improvements and data pro-
tection, including the protection of exempt and
confidential information such as law enforce-
ment personnel information and plans for gov-
ernment buildings and other critical infrastruc-
ture.
Transportation Funding: The Florida League
of Cities SUPPORTS legislation that will allow
cities to have greater local decision -making and
flexibility on transportation funding to ensure
we meet our ever -changing transportation
demands.
Mobility Plans: The Florida League of Cities SUP-
PORTS legislation that defines mobility plans and
fees in order to provide the clarity and consistency
needed to assist Florida's cities in implementing
alternative modes of transportation.
President
TONY ORTIZ
Commissioner, Orlando
Annexation: The Florida League of Cities SUPPORTS
legislation that facilitates the municipal annexation
of unincorporated areas while protecting private
property rights and respecting municipal boundaries.
Contact: David Cruz • dcruz@flcities.com
Digital Divide: The Florida League of Cities SUP-
PORTS legislation that reduces the digital divide
and expands broadband internet access to all
areas of the state. This includes:
Identifying areas of Florida that are under -
served by traditional broadband providers.
Removing statutory barriers for cities to pro-
vide telecommunication services and open
competition for affordable internet service.
Increasing public funding for construction of
broadband infrastructure.
Resilient and Sustainable Florida: The Florida
League of Cities SUPPORTS legislation that pro-
motes a resilient and sustainable Florida, including:
Funding water quality improvements.
Establishing policies and funding for alternative
water supply development.
Providing for intergovernmental coordination
and planning on strategies to address climate
challenges such as drought, coastal flooding
and inland flooding.
Enabling local authority to implement natural
resource protection strategies.
2020-21 OFFICERS
President
TONY ORTIZ
Commissioner, Orlando
First Vice President
PHILLIP WALKER
Second Vice President
JOLIEN CARABALLO
Councilwoman, Port St. Lucie
For more information on the League's legislative initiatives, please contact:
1.:FLC
FLORIDA LEAGUE OF CITIES
Florida League of Cities
P.O. Box 1757
Tallahassee, FL 32302-1757
850.222.9684
flcities.com