HomeMy WebLinkAboutcocc_council_mtg_packet_20210316CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
For viewing/participating in the Meeting remotely via GoToWebinar:
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AGENDA
March 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.
CONSENT AGENDA 1 6:15 p.m. - 6:20 p.m.
1. Approve Minutes for February 16, 2021 Regular Meeting.
2. Ratify modification to reduce parking spaces to preserve additional trees in accordance
with attached conceptual plan.
3. Appoint Mayor Pro Tem Raymond to be a panelist at the "Integrated Planning & Action -
people, places and prosperity" event, to be held virtually on May 7th, 2021 at 9:00 a.m.
PUBLIC HEARINGS 1 6:20 p.m. - 6:50 p.m.
4. 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
City of Cape Canaveral, Florida
City Council Meeting March 16, 2021
Agenda • Page 2 of 2
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.
5. 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.
6. Ordinance No. 12-2021; amending Section 6-51 of the City Code related to open
containers of alcoholic beverages in public places; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading.
REPORTS 1 6:50 p.m. - 7:00 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS
IN LIGHT OF COVID-19 EMERGENCY
Due to the COVID-19 Pandemic Emergency, attendance at City Hall public meetings is limited in an
effort to comply with Federal and State public health and safety directives to keep our citizens, City
officials and employees safe. Under these conditions, the City of Cape Canaveral is committed to
providing alternative platforms for citizens to virtually attend scheduled public meetings and have an
opportunity to submit public comments in an efficient, orderly and safe manner. As a result, the City of
Cape Canaveral is temporarily utilizing virtual Communications Media Technology (CMT) for City Council
and other board meetings.
INSTRUCTIONS FOR VIRTUAL MEETING ATTENDANCE AND AGENDA ACCESS
The City of Cape Canaveral's temporary CMT meeting platform is GoToWebinar. Videoconferencing and
teleconferencing will be used to virtually connect the following meeting participants: City Staff, City
Attorney, City Consultants and Applicant(s), if any, for purposes of conducting public meetings. With
the expiration of the Governor's Executive Order No. 20-69, a physical quorum is again required as of
November 1, 2020. Provided a physical quorum is present, some City Council Members and/or Board
Members may participate virtually, in accordance with §120.54(5)(b)(2), F.S.
The public may virtually attend the meeting live by viewing and listening to the meeting by accessing
the meeting at an Internet address and/or phone number/access code listed at the top of each
respective meeting agenda and on the City website's Community Events Calendar available at:
cityofcapecanaveral.org/calendar.php.
To obtain a copy of the Council or board meeting agenda, interested persons should go to the City's
online Public Records/Laserfiche WebLink and search for the specific board and agenda package at:
cityofcapecanaveral.org/publicrecords
PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR (GTW) PLATFORM
There will be appropriate times during GoToWebinar hosted meetings when the chairperson or
designee of the meeting will invite live public comment during the
public participation portion of the meeting and for specific agenda
items. You must be properly logged into the live GoToWebinar
meeting on your computer or electronic device and have a
functioning microphone to participate live. When these invitations
are announced by the chairperson or designee at the meeting,
citizens may virtually raise their hand (see the green arrow) to speak
by pressing the hand feature on the GoToWebinar screen in timely
manner so as to be recognized by the GTW Meeting Organizer.
File View
Audio
Sound Check _uI
C) Computer audio
0 Phone call
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Speakers (High Definition Aud..
When the speaker is recognized by the GTW Meeting Organizer, their audio microphone will be
unmuted to address the Council or Board Members. Speakers must clearly state their names and
residence for the record and then provide comments within three (3) minutes. Public comments must
be relevant to the agenda item being considered at that time. Irrelevant and repetitive comments will
be deemed out -of -order and will not be heard. At the conclusion of a citizen's public comment
opportunity, the audio will be muted so the Council or Board may continue conducting the meeting.
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 1 of 2
Public comments are limited to three (3) minutes. The comments will be heard at the meeting and
summarized into the record. Public comments are subject to City meeting rules of decorum. The
speaker's activated audio may be muted by the City for violating the time limit or rules of decorum.
Please also note that the time allocated to each person for public comment is subject to the discretion
of the Council or Board and may be reduced from three (3) minutes based on the number of speakers
or comments received or previous comments made by the speaker.
PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS
Public comments in the form of email or written correspondence (either mailed or hand -delivered) will
be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public
comments in the form of email or written correspondence will be accepted within a reasonable amount
of time prior to Special City Council Meetings. Emails and correspondence will not be read into the
record at the public meetings. However, emails and correspondence will be forwarded to the City
Council and/or Advisory Board Members prior to 12 Noon the day of the scheduled meeting for their
review.
§286.0114, F.S. affords the public a reasonable opportunity to be heard during public City Council and
Advisory Board Meetings. In light of challenges posed to hosting traditional public gatherings due to
the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient methods to ensure
an accessible range of opportunities for public participation. We appreciate your patience as we work
to implement these improvements, and ask that any questions or concerns regarding Public
Participation and Public Comments be directed to the City Clerk's Office at
cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220.
ACCESSIBILITY STATEMENT
The City broadcasts all City Meetings via it's website through a third -party provider that enables live
captioning. However, in accordance with the Americans with Disabilities Act of 1990, persons needing
additional special accommodation to participate in this meeting may contact the City Clerk's Office at
(321) 868-1220 no later than one (1) business day prior to the meeting.
MISCELLANEOUS
The rules established herein are intended to provide a general framework for the conduct of public CMT
meetings as authorized pursuant to the Governor's Executive Order No. 20-52. The City of Cape
Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public
comments, with or without notice, in order to ensure compliance with applicable laws, rules and
regulations; to overcome technical or logistical difficulties or practical challenges in implementing public
meetings via CMT; or to ensure the public health, safety and welfare of the public.
Thank you for your patience and understanding during this very challenging time. For more information
about these temporary procedures or public meetings, please contact the City Clerk.
Rev. 12/07/2020
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 2 of 2
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
February 16, 2021
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Council Member Kellum led
the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Mayor Pro Tem Angela Raymond
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Community and Economic Development Director
Cultural and Community Affairs Director
Leisure Services Director
Public Works Services Director
City Planner
Sustainability Manager/Planner
Deputy City Clerk
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Corporal
Canaveral Fire Rescue Chief
Canaveral Fire Rescue Deputy Chief
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
David Dickey
Molly Thomas
Gustavo Vergara
Jim Moore
Brenda Defoe-Surprenant
Zachary Eichholz
Daniel LeFever
Lisa Day
Andrew Walters
William Dasher, Jr.
Dave Sargeant
Christopher Quinn
PUBLIC PARTICIPATION: Ginny Dirschka, property owner, discussed citizen concerns over
removal of native trees in the area of Sandpiper Park as part of the Multi -Generational Facility
Project at Canaveral City Park, a possible revision to the parking plan discussed in a meeting with
City Manager Morley to save some or all of the trees and urged the City Council to take action to
delay the scheduled removal of trees the following day.
Brad Pervell, resident and property owner, thanked Brevard County Sheriff's Officers for services,
discussed meeting with City Manager Morley, efforts that can be made to save a number of trees
at the Park and concerns over an Osprey nest no longer in the Baseball field area.
Cheryl Procell, resident and property owner, discussed the effects removing trees will have on the
environment, wildlife and quality of life around the area and urged for compromise.
City of Cape Canaveral, Florida DRAFT
City Council Meeting • February 16, 2021
Minutes • Page 2 of 7
City Manager Morley recapped his meeting on February 16, 2021 with citizens and Council
Member Morrison regarding a citizens' initiative to save certain trees scheduled for removal as
part of the Multi -Generational Facility/Canaveral City Park Redevelopment Project located in the
South -East area known as Sandpiper Park and along Harrison Avenue. City Manager Morley
explained the group discussed trees versus parking and using Ordinance No. 06-2020, adopted
December 2020, to authorize administrative approval of parking space size reductions with a goal
for tree preservation with fewer parking spaces, striving to preserve oak, sea grape and palm
species, in that prioritized order, and re -design work developed quickly to avoid delay of the
Project. Council discussion ensued and included Council standing together on environmental
issues. Council reached consensus to authorize Staff to create and execute a plan for a cost-
effective civil re -design, for that portion of the Multi -Generational Facility/Canaveral City
Park Redevelopment Project, which would result in parking space reduction, the
preservation of as many oak, sea grape and palm species in that prioritized order, as
possible, in the two specified areas; and that such plan will be ratified at the March 16, 2021,
Regular City Council Meeting.
Penny Holladay, business owner, expressed concerns regarding Agenda Item 13, Ordinance No.
10-2021, first reading, urging the Council to take careful consideration of the measure.
INTERVIEWS/PRESENTATIONS:
Presentation of Proclamation honoring Bob Scott, longtime City resident and member of the
City's bicyclist community: Mayor read the Proclamation and presented it to Mr. Bill Skinner. Mr.
Skinner presented a check to the City and Brevard County Sheriff's Precinct Commander Walters
in the amount $3,000.00, thanked everyone and stated the event will continue to raise funds for
the City of Cape Canaveral/Brevard County Sheriff's Canaveral Precinct Police Athletic League and
the youth of Cape Canaveral.
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.:
Certified Public Accountant Zach Chalifour made the presentation to City Council. Council thanked
Staff and the auditors. Administrative/Financial Services Director DeLeo confirmed the City has
received all funds from FEMA related to every past hurricane, should be receiving refunds related
to COVID-19 within the next six months and thanked his Staff.
CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion.
Council Member Kellum removed Item 3.
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 Recreational 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.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond,
to pass Items 1 and 2 on the Consent Agenda. The motion carried 5-0.
City of Cape Canaveral, Florida DRAFT
City Council Meeting • February 16, 2021
Minutes • Page 3 of 7
3. Discussion ensued and included review of the company conducted by Staff related to
performance history, criminal background checks, qualification requirements and enforcement,
this being the single proposal submitted to the City, the Vendor Agreement prohibits other
companies from operating the same type of business within the City limits and possible surf
instruction during the City's Summer Camp program if COVID-19 poses no risk. A motion was
made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to pass Consent
Agenda Item 3. The motion carried 5-0.
City Manager Morley advised of the need for acceptance of the Annual Audit presented earlier.
A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to
accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2020. The motion carried 5-0.
PUBLIC HEARINGS: City Attorney Garganese summarized Agenda Items 4 through 11 as re-
zoning and Comprehensive Plan Ordinance Nos. 01 through 08-2021 with each parcel therein
owned by local governments within the City.
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 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: City
Attorney Garganese read the title into the record. The Public Hearing was opened. There being
no comment, the Public Hearing was closed. A motion was made by Council Member Morrison,
seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 01-2021, second reading.
The Motion carried 5-0.
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: City Attorney Garganese read the title into the record. The Public Hearing was
City of Cape Canaveral, Florida DRAFT
City Council Meeting • February 16, 2021
Minutes • Page 4 of 7
opened. Ginny Dirschka, property owner, asked the reason for the changes in zoning designations.
City Attorney Garganese explained Council is putting the appropriate zoning district designations
on the properties that match the existing use. Public Hearing was closed. A motion was made
by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to adopt Ordinance No.
02-2021, second reading. The Motion carried 5-0.
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: City Attorney Garganese read the
title into the record. 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 adopt Ordinance No. 03-2021, second reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the record.
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
adopt Ordinance No. 04-2021, second reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the record.
The Public Hearing was opened. There being no comment, the Public Hearing was closed. A
motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to
adopt Ordinance No. 05-2021, second reading. The Motion carried 5-0.
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: City Attorney Garganese read the title into the
record. The Public Hearing was opened. There being no comment, the Public Hearing was closed.
City of Cape Canaveral, Florida DRAFT
City Council Meeting • February 16, 2021
Minutes • Page 5 of 7
A motion was made by Council Member Kellum, seconded by Council Member Brown, to
adopt Ordinance No. 06-2021, second reading. The Motion carried 5-0.
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 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: City Attorney Garganese read the
title into the record. 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 adopt Ordinance No. 07-2021, second reading. The Motion carried 5-0.
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: City Attorney
Garganese read the title into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond,
seconded by Council Member Brown, to adopt Ordinance No. 08-2021, second reading. The
Motion carried 5-0.
12. 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: 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 adopt Ordinance No. 09-2021,
second reading. The Motion 5-0.
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
City of Cape Canaveral, Florida DRAFT
City Council Meeting • February 16, 2021
Minutes • Page 6 of 7
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: City Attorney Garganese read the title into the record and
reviewed the Item. Discussion ensued and included City Council's previous direction for the
Planning and Zoning Board to review the Ordinance before second reading, the Planning and
Zoning Board's request in turn for additional time to make its recommendation, whether Council
would like to make a decision to postpone the second reading to accommodate the Board's
request, a previous request from Council Member Kellum to hold a City Council Workshop to
allow additional feedback from the public regarding short-term rentals and municipal Home Rule
and an additional request for Council consensus for a City Council Workshop Meeting Wednesday,
March 3, 2021 for same, the suggestion to send citizens to the next Planning and Zoning Board
Meeting instead to voice concerns, pros and cons of both suggestions, urgency to do something
before the State Legislature takes action and the point being moot should the State preempt
municipal regulations. City Manager Morley confirmed Council Member Kellum or Morrison will
contact the City Clerk's Office to confirm the date and time of a public meeting, assuming nothing
changes. A motion was made by Council Member Morrison, seconded by Council Member
Kellum, to postpone the second reading of Ordinance No. 10-2021 to March 16, 2021. The
Motion carried 5-0. Discussion ensued regarding meeting procedure for official City Council
Meetings versus non -official open, public meetings of one or two elected officials. City Attorney
Garganese advised if three elected officials agree in advance to a Council Meeting, it should to be
advertised as such; if more than two show up to an open public meeting that was not advertised
as an official City Council Meeting, it is just an open public meeting and therefore no formal rule
for procedure of the meeting applies because it was not advertised in advance as a duly noticed
Council Meeting.
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: City
Attorney Garganese read the title into the record and reviewed the Item. Discussion ensued and
included the history and reasons for unauthorized lot splits in the City, the Ordinance allows
equitable relief for certain properties, current language in the Code, the intent of the Ordinance
to address those properties that do not have construction on the lot and all other instances
require after the fact lot splits, local government laws and regulations, City authority to issue
permits but not record deeds, the overlapping responsibilities of local government agencies and
current pending applications for lot splits. The Public Hearing was opened. Alexander Ganz,
property owner, inquired and expressed concerns regarding public input received in considering
the vacation rental Ordinance. Patrick Campbell, resident and property owner, expressed
concerns regarding property located on Surf Drive, the lot split Ordinance and a possible
discrepancy in the City Code related to properties having direct access to public or private streets.
The Public Hearing was closed. Discussion ensued and included the concerns raised by the
speakers and the public is encouraged to contact the City. City Attorney Garganese advised
gathering data about the lots being discussed, address additional provisions before or during
the second and final reading including concerns raised regarding indirect access and
compatibility with the surrounding neighborhood and no need to postpone to preserve
advertising requirements. Discussion continued whether to approve the Ordinance at first
City of Cape Canaveral, Florida DRAFT
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reading or postpone until the next City Council Meeting. A motion was made by Council
Member Morrison, seconded by Council Member Kellum, to postpone the first reading of
Ordinance No. 11-2021 until March 16, 2021. City Manager Morley received clarification from
Council to bring back additional information regarding the approximate count of the lots in
question and definition of direct ingress/egress as it differs from indirect ingress/egress and
easements. The Motion carried 5-0.
ITEM FOR ACTION
15. City Council Selection of the 2021 Space Coast League of Cities Advocacy Team
Member: Mayor Hoog explained the Item and opened the floor to nominations. Discussion
ensued. Council Member Kellum nominated herself. Council Member Brown nominated Mayor
Pro Tem Raymond. Discussion ensued and included procedure of nominations, voting, reasons
the nominees would like to serve, the importance of the Advocacy Team Member designation
and attendance at meetings. City Attorney Garganese advised Council on how to proceed.
Discussion ensued on the nominees' qualifications and experience. A motion was made by
Council Member Morrison, seconded by Mayor Hoog, to appoint Council Member Kellum
as the City's Space Coast League of Cities Advocacy Team Member. Motion carried 4-1,
Council Member Brown voting against. Discussion ensued regarding Space Coast League of
Cities meetings being held virtually on Zoom and anyone can attend.
REPORTS
Council Members and City Manager Morley thanked Staff for their efforts related to the Re-
zoning Project, the State of the City and the Auditors Report.
ADJOURNMENT: The Meeting was adjourned at 8:44 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • MARCH 16, 2021
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Ratify modification to reduce parking spaces to preserve additional trees in accordance
with attached conceptual plan.
Department: Leisure Services
Summary: Council's request for a re-designed civil site plan arose from a citizens' initiative to save
certain trees scheduled for removal as part of the Multi-Generational Facility/Canaveral City Park
Redevelopment Project. The trees are located along the southerly and southeastern corner of the
park, in an area known as Sandpiper Park and along Harrison Avenue ("area"). The approved site
plan calls for parking to be installed around the perimeter of the park, including in this area. This
area includes certain trees which would need to be removed to allow for the construction of these
parking spaces. In a meeting with concerned residents and Staff, Ordinance No. 06-2020 was
discussed. This ordinance, adopted in December 2020, reduces the required minimum width of the
typical parking space from 10 feet wide to 9 feet wide and authorizes specific administrative parking
space size reductions to align with the City's Sustainability goals; in this case, the Sustainability goal
is a greater degree of tree preservation by the reduction of parking spaces.
At the February 16, 2021 City Council meeting, Council reached consensus to authorize Staff to
create and execute a plan for a cost-effective civil re-design for this area of the park, in compliance
with Ordinance 06-2020, which would result in the overall reduction in the number of required
parking spaces and the preservation of as many oak, sea grape and palm species, in that prioritized
order, as possible; and that such plan will be ratified at the March 16, 2021, Regular City Council
Meeting.
The execution of the plan has not occurred as of the date of the publication of this agenda (March
9, 2021) because the total cost of the Proposed Change Order has not yet been determined by W+i
Construction. However, a workable conceptual plan has been developed (Attached).
The Plan:
The original, approved site plan calls for the following tree schedule:
Original Tree Schedule (in this area)
Species Existing To be removed To be preserved Preserved %
Oak 15 7 8 53%
Sea Grape 1 1 0 0%
Palm 30 25 5 17%
Architects RZK Inc. (RZK) was tasked with providing a redesigned parking layout for the area. The
proposed design utilizes a combination of parking space reductions/incentives to reduce the total
number of parking spaces from 114 to 105. The conceptual plan preserves all of the oak trees and
the sea grape tree in this area. Some palm trees will still need to be removed from the southern
perimeter of the park. These will be mitigated at a 1 to 1 ratio.
The proposed site plan modification revises the tree schedule as follows:
City of Cape Canaveral
City Council Meeting • March 16, 2021
Agenda Item # 2
Page 2 of 2
Revised Tree Schedule (along the southerly and southeastern corner of the park, in an area known
as Sandpiper Park and along Harrison Avenue)
Species Existing To be removed To be preserved Preserved %
Oak 15 0 15 100%
Sea Grape 1 0 1 100%
Palm 30 15 15 50%
The proposed site plan modification revises the parking spaces as follows:
• 53 parking spaces will be reduced from 10 feet wide to 9 feet wide, in accordance with the
revised minimum width standard.
• 34 parking spaces will be reduced from 10 feet to 8 feet wide and will be identified as
"Compact Car Parking Only".
• One 10 feet wide parking space will be reduced to become one 4 feet wide motorcycle
parking space.
• 10% of the parking spaces will be eliminated by paving 11 regular parking spaces with
pervious paving.
Although W+J Construction is working out the total cost of the Proposed Change Order, they have
indicated that they anticipate a credit to the City, as the construction savings are expected to be
greater than the design cost. A copy of the Change Order will be provided to the City Council upon
execution. W+J Construction has indicated there should be no significant delay to the project as a
result of this initiative.
Submitting Department Director: Gustavo Vergara Date: 03/09/2021
Attachment:
Preliminary revised site plan for Canaveral City Park
Financial Impact: Financial impact from this updated plan is not fully known at the time of Agenda
Cover creation. Although there is a cost for the redesign, savings will arise from not having to
remove trees, reduction in number of new trees to be purchased for mitigation, reduction in the
construction of paved and curbed parking areas and other ancillary civil work not being performed;
Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/09/2021
The City Manager recommends the City Council take the following action: Ratify modification
to reduce parking spaces to preserve additional trees in accordance with attached conceptual plan.
Approved by City Manager: Todd Morley Date: 03/09/2021
Attachment-Preliminary Revised Site Plan for Canaveral Park
TRANSFORMER PM)
PAD
COORDINATE WITH
ELECTRICAL PLANS
AND FPL—\\,
12 LF CONC. RAMP
W/ALUM. HANDRAIL
FOOT INDEX 15-070
LLI
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4
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z
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EV. DUAL CFIARCING "-
STATION, SEE NOTE fa
25'
SETBACK
CONC. STEPS;
(2) 6" RISERS,
12 TREAD
2 EA,
FTP 20-06
FTP 22-
4S,
BUILDING SIGN
INSTALL STANDARD BOLLARDS
(4 TIP. EA. SIDE)
JACKSON
POWERED LED
AVENUE LIGHT
BOLLARDS, 2
CENTER TO BE
REMOVABLE
•••• ,•••••••
SITE INFORMATION:
5.0
SOLAR POWERED LIGHT
FIXTURE. CITY STANDARD
(rep.)
ti R5
r., 0' BIKE
RACK, SEE
NOTE f€
20.
'
(TIP) 32
2, EA.
FTP 20-06
IFTP 22-1.6
=I WM In
Zr,
100.06'
20'
(TIP)
MULTI-1ENERATIONAL FACILITY
2—STORY
13,900 SF.
FFE 9.50 o
General Statement: Construct a 23,837 sf Community Recreational Facility with associated parking, utilities, and concrete promenade walkway.
OWNER:
City of Cape Canaveral
100 Polk Ave.
Cape Canaveral, FL 32901
Telephone: (321) 868-1220
P.M. Todd Morley
-t. morleyOcityofcapecanaveral
(321)-868-1205
ARCHITECT:
Architects RZK, inc.
500 Florida Ave. Suite 202
Cocoa, FL 32922
Telephone: (321) 631-8039
Site acreage: 218,010 S.F.
Account # : 2433266
Tex Parcel ID : 24-37-23
SURVEYOR & CIVIL ENGINEER:
Allen Engineering, Inc.
106 Dixie Lane
Cocoa Beach, FL 32931
Telephone: (321) 783-7443
Fox: (321) 783-5902
.org infoOalleneng.net
LANDSCAPE ARCHITECT:
Edward J. Haeck, R.L.A.
1711 Hickory St.
Melbourne, FL 32901
Telephone: (321) 327-4524
ejbacfl.m.corn
= 5.00 Acres
CG—P
Zoning: R-2 (Medium Density Residential District)
F.L.U.: PUB (Public/Recreation)
Adjacent zoningE,,t, R_2
North: R-2 West: R-2
South: R-2
Exist. Building coverage: 2,250 S.F. = 0.052 AC. =1.66%
Edit. Parking coverage: 8,934 S.F. = 0.205 AC. =3.78%
Exist. Sidewalk coverage: 15,887 S.F. = 0.365 AC. =2.60%
Prop. Building coverage: 15,137 S.F. = 0.347 AC. = 6.94%
Prop. Parking coverage: 21,957 S.F. = 0.504 AC. .10.08%
Prop. Sidewalk coverage: 30,405 S.F. - 0.698 AC. .13.96%
Impervious coverage: 67,499 S.F. = 1.55 AC. = 31.00%
Open area: 150,511 S.F. = 3.45 AC. = 69.00%
Total 218,010 S.F. = 5.00 AC. =100.00%
Setbacks Required Provided
Front: 25' 25'
Side: 25' 79'
Rear: 25' 251'
Lot Width 75' 400,39'
Lot Depth 100 544.61'
Max Building Height 35' 32.00'
Max Building Coverage 35% 6.94%
SOLAR POWERED LIGHT
FIXTURE, CITY STANDARD
(TYP.)
ROLL OUT CONTAINER
TRASH ENCLOSURE
_RELOCATED BALLFTELD
UGHTING
NOTES:
—MATCH EXISTING SIDEWALK
MONROE AVENUE
=IM IMM=11
20
PARK
i OF bi OC.:K FT AND OTS ' 1
EQUIPMENT ROOM
CHEMICAL STORAGE
275.08'
N8754:42"E 400.391(M.)
260.26'
253.20'
SECURITY CAMERA/LJGHT POLE
_ —
2 EA. FTP 20-06 I
FTP 22-06
SOLAR POWERED n 1 I
LIGHT FIXTURE,
i___(20 I
CITY STANDARD (Top.)
---
PROVIDE EXTERIOR STUCCO _—
FINISH TO MATCH THE—
PROPOSED MULTI GEN FACILITY
REUSE VAULT
( REST
ROOM
ak 324 S.F.
(FIT 8.15
25'
17'
(BY OTHERS)\\ SETBACK
APPROX. LIMITS OF
CONSTRUCTION rx10' BIKE
RACK, SEE
NOTE #6
10' CONC. PROMENADE WALK;
PICTURE FRAME JOINT PATTERN
W/UGHT BROOM FINISH (Tr.)
Wifteitatai -
amlnimMilWriftialla
ti)
14' PAVER WALK
(TYP.)
SEE SHEET C-102
1. FOR GENERAL NOTES SEE SHEET C-001 .
2. ALL SIDEWALKS WITHIN CITY R/W SHALL BE 4- THICK TO MATCH EXISTING SIDEWALK.
3. ALL CONSTRUCTION IN CITY R/W MUST MEET FOOT DESIGN STANDARDS AND FOOT STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDMON.
4. SOD ALL AREAS DISTURBED BY CONSTRUCTION ONSITE AND IN PUBLIC R/W WITH BAHIA SOD. SOD
SHALL BE SOUD WITH STAGGERED JOINTS AND CUT —IN TO MATCH LEVEL WITH EXISTING SOD.
5. ALL PAVEMENT STRIPING SHALL BE THERMOPLASTIC.
6. BIKE RACK PADS TO BE CONSTRUCTED BY COKITRACTOR. BIKE RACKS TO BE PROVIDED AND
INSTALLED BY CITY. CONTRACTOR TO COORDINATE BIKE PAD CONSTRUCTION WITH MY.
7. A BIKE —SHARE STATION WILL SOON BE CONSTRUCTED BY THE COO' ALONG MONROE AVE AND WILL
NOT AFFECT THESE DRAWINGS.
U. CONTRACTOR SHALL PROVIDE THE POWER AND FOUNDATION SUPPORT FOR THE ELECTRIC VEHICLE
(EV.) CHARGING STATIONS; THE COY WILL PROVIDE AND INSTALL HCS SHARE 2 CHARGING STATIONS
MANUFACTURED BY CLIPPER CREEK, COORDINATE WITH THE CITY.
LEGEND:
SF
0-0
SOLAR POWERED LIGHT
[—FIXTURE, CITY STANDARD
(Tr.)
HANDICAP PARKING SYMBOL
PARKING SPACE COUNT
TRAFFIC FLOW
STOP SIGN At STOP BAR
SILT FENCE
PROPERTY BOUNDARY
APPROX. LIMIT OF CONSTRUCTION
SOLAR POWERED LIGHT FIXTURE (SINGLE)
STO P
R1-1
R5'
AM ME MN MO MM MM MB MM MN MM MM ME ME MM
MAGNOLIA AVENUE
1-10
INSTALL STANDARD
BOLLARDS (4 TYP. EA. ODE)
JACKSON
AVENUE
4 SOLAR POWERED
LED LIGHT
BOLLARDS, 2 CENTER
TO BE REMOVABLE
4
P IT
FTP 20-06
FTP 22 —06
REV. 2
• BUILDING STEPPED AREA DELETED.
• SIDEWALK ADDED TO EAST SIDE OF BUILDING.
• PROMENADE WALK SIGNS DELETED.
• SPLASH PAD DESIGNATED AS FUTURE.
• PROMENADE WALK WIDTH DECREASED.
KEYMAP
N.T.S.
0 20 40
GRAPHIC SCALE
1" = 20'
: 'MK
up up pi Architects RZK, Inc.
AA-00C11568
600 FLORIDA AVENUE
SUITE 201
COCOA, FL 32922
T 321.631.8039
F 321.639.6872
www.ARCHITECTSRZK.com
ALLEN
VIGINEERING, INC.
CIVIL ENGINEERS SURVEYORS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (321)783-7443
FAX: (321)783-5902
&MAIL: info@allereng.net
SUBMITTALS
COCOA WATER REV.
04/02/19
COMM. APPEAR. BOARD 05/22/19
CITY COMMENTS REV.
07/10/19
CITY COMMENTS REV.
08107119
ADD SPLASH PAD & SIGN 01/28/20
CM SELECTION
05/08/20
CONFORMED SET 10/16/20
CAPE CANAVERAL
MULTI
GENERATIONAL
FACILITY
7920 ORANGE AVE.. FL.
DRAWING TITLE:
SITE AND
STRIPING PLAN
Arlen on the date : No 45798 •
This item hasher, &NEL S :I/41
d C,"*EU IVS
Pa517riinredb:CCH;Migie:::i'S: * I e*
nol
considered signed 7STATE OF IQ::
and seaLeo and the "--
• 44.,
Sa're
uodunony UAA cc%
electronic copies
1/5/21
MICHAEL S. ALLEN. P E.
FL. ,CENSE MTN
DATE.
JOB NO
DRAWN BY:
10/13/20
180015
PAR
CHECKED BY: DAL
DRAWING NO
C - 01
Canaveral Multi-Gener
INSTALL STANDARD
BOLLARDS (4 TYP. EA. SIDE)
JACKSON sol-m,
POVOERED LED
AVENUE LIGHT
BCtLARDS, 2
CENTER TO BE
REMOVABLE
ORANGE AVENUE
4kie
18°
(FtP)
L
12E
ABBREVIATIONS:
ALUM.
CB
CBS
CL
CLF
CLP
CMP
CONC.
COV.
DIA.
DMH
EHH
FFE
FGP
FH
GA
Ox
He
HCP
HOPE
ICB
ICV
INV.
LF
MOP
BIKE RACK
SOLAR POWERED LIGHT
FIXTURE, CITY STANDARD
(TYP.)
- R50.
R4,51
R50°
2 EA.
FTP 20-06
FTP 22-06
RAMP
ALUMINUM
CONCRETE BLOCK
CONCRETE BLOCK STRUCTURE
CHAIN LINK
CHAIN LINK FENCE
CONCRETE LIGHT POLE
CORRUGATED METAL PIPE
CONCRETE
COVERED
DIAMETER
DRAINAGE MANHOLE
ELECTRIC HAN DHOLE
FINISHED FLOOR ELEVATION
FENCE GATE POST
FIRE HYDRANT
GUY ANCHOR
UNDERGROUND GAS
HOSE BIB
HANDICAP PARKING SIGN
HIGH DENSITY POLYETHYLENE PIPE
IRRIGATION CONTROL BOX
IRRIGATION CONTROL VALVE
INVERT
LINEAR FEET
METAL GUARD POST
MHR
MP
MW
PP
PVC
RCP
RWM
RWV
RWx
SD
SMH
SQ.
SS
STP
S/W
TYP •
UE
VG
WFS
WLP
WM
WP
WPP
Wx
FUTURE SKATE PARK
•
METAL HANDRAIL
METAL POST
MONITORING WELL
PVC POST
POLYETHYLENE PIPE
SIDEWALK RAMP
REINFORCED CONCRETE PIPE
RECLAIM WATER METER
RECLAIM WATER VALVE
UNDERGROUND RECLAIM WATER
STORM DRAINAGE PIPE
SANITARY SEWER MANHOLE
SQUARE
SANITARY SEWER PIPE
STOP SIGN
SIDEWALK
TYPICAL
UNDERGROUND ELECTRIC
VALLEY GUTTER
WOOD FRAME STRUCTIJRE
WOOD LIGHT POLE
WATER METER
WOOD POST
WOOD POWER POLE
UNDERGROUND WATER
FUTURE
SPLASH PAD
10. CONC. PROMENADE WALK;
PICTURE FRAME JOINT
PATTERN WAIGHT BROOM
FINISH (TYP.)
SEE SHEET C-101
MG NM MN =II Mt
Nj
LOT 4
AVC,
S8753'2
E.Y. DUAL CHARGING
STATION, SEE NOTE f3
ON O-lot
DESCRIPTION:
SEA
rod
SOLAR POWERED UGH T
FIXTURE, CITY STANDARD
(Tr.)
rss'
HARRISON AVENUE
The Park North of Block 33 and Lots 1 through 16 of Block 33
and that portion of Jackson Avenue lying East of Orange Avenue
and West of Magnolia Avenue and between the Park and Block 33,
Avon -By -The Sea, according to the Plat thereof, recorded in Plat
8.k 3. Page 7, of the Public Records of Brevard County, Florida.
SURVEYOR'S NOTES:
1. The bearings shown hereon aro referenced to the Florida State Prone
Coordinate System, Florida Fast Zone, North American Datum of 1983,
2011 Adjustment (NAD 83/2011) and are based on a GPS bearing of
N8754'42'1 for the South line of Monroe Avenue as shown on this
sketch of survey.
2. The elevations shown hereon are based on Notional Geodetic Survey (NOS)
Monument stomped "N 205 1963" Elevation.. 7.77' feet, per North
American Vertical Datum of 1988 (NASD 88).
3. According to FIRM (Flood Insurance Rate Map) Mop Number 12009C0363G, Panel
Number 125097 0363 G, Mop Revised date: March 17, 2014, this property lies within
FIRM Zone X.
4. Unless otherwise noted, underground improvements (foundations, utilities, etc.)
were not located by this survey.
5. Only trees of 4 inches diameter or greater were located by this survey. The
diameters shown were measured at breast height.
IMII MIN - MN ISM NEI
14° PAVER WALK
(TYP.)
RAISED PLANTER
Wit FLAG POLE
35' HEIGHT &
UGH TED TOP
FUTURE PLAYGROUND EXPANSION
APPROX. UMIT OF
CONSTRUCTION -
LEGEND:
SF
2 EA.
FTP 20-06
FTP 22-06 -\\
BIKE RACK
HANDICAP PARKING SYMBOL
PARKING SPACE COUNT
TRAFFIC FLOW
STOP SIGN & STOP BAR
SILT FENCE
PROPERTY BOUNDARY
APPROX. LIMIT OF CONSTRUCTION
SOLAR POWERED LIGHT FIXTURE (DOUBLE)
STOP
R1-1
RAMP
5
FTP 20-06
FTP 22-06
12(TYP)
IF=
INSTALL STANDARD
N-BOU-ARDS (4 TYP. EA.
SDE)
JACKSON
AVENUE
EMI ME IN
4
I /
180
4 SOLAR POWERED LED
LIGHT BOLLARDS, 2
CENTER TO BE REMOVABLE
EV. DUAL CHARGING
STATION, SEE NOTE #8
CM C-101
MAGNOLIA AVENUE
110
- r
0102
(
iliTigTim,i_11 ,
KEYMAP
N.T.S.
REV. 2
• PROMENADE WALK WIDTH DECREASED.
• PROMENADE WALK SIGNS DELETED.
SPLASH PAD DESIGNATED AS FUTURE.
PARKING REQUIREMENTS:
PARKING REQUIRED
BUILDING PARKING
BASEBALL PARKING
PLAYGROUND PARKING
FUTURE PARKING (SHARED)
52 SPACES
53 SPACES
9 SPACES
33 SPACES
TOTAL PARKING REQUIRED
ADA PARKING REQUIRED
PARKING PROVIDED
114 SPACES
5 SPACES
NORTH
EAST
WEST
SOUTH
17 SPACES
36 SPACES
35 SPACES
26 SPACES
TOTAL PARKING PROVIDED
REGULAR PARKING
ACCESSIBLE PARKING
114 SPACES
104 SPACES
10 SPACES
0'
40'
GRAPHIC SCALE
1" = 20'
ftK
Architects RZK, inc.
AA-0001568
600 FLORIDA AVENUE
SUITE 201
COCOA, FL 32922
T 321.631.8039
F 321.639.6872
www.ARCHITECTSRZK.corn
Ay ,i,EN
GINEERING, INC.
CIVIL ENGINEERS SURVEYORS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932.1321
TELEPHONE: (321)783-7443
FAX, (321)783-5902
E-MAIL, info@allertengrel
SUBMITTALS
COCOA WATER REV.
04/02/19
COMM. APPEAR. BOARD
05/22/19
CITY COMMENTS REV
07/10/19
CITY COMMENTS REV.
08/07/19
ADD SPLASH PAD & SIGN 01/28/20
CM SELECTION 05/08/20
CONFORMED SET
10/16/20
CAPE CANAVERAL
MULTI
GENERATIONAL
FACILITY
7920 ORANGE AVE., FL.
DRAW NG TITLE
SITE AND
STRIPING PLAN
This item has bee,
dig ital6y signed arid E
sealed by Mithael S e s
Allen on tbe date : No 45798 •
adjacent to Ole seu( 0 *
Printed Dopes of this -or
document are not -
-a STATE OF
considered sigded s
and sealed and Ifie 0 RI +J.'.
signature must be ',,c/Ssio N A
verified an any
electronic copies.
1 /5/21
P E.
FL LICENSE #457a8
DATE:
JOB NO.:
DRAWN BY.
10/13/20
180015
PAR
CHECKED BY DAL
DRAWING NO
C-102
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • MARCH 16, 2021
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Appoint Mayor Pro Tem Raymond to be a panelist at the "Integrated Planning & Action -
people, places and prosperity" event, to be held virtually on May 7, 2021 at 9:00 a.m.
Department: Community and Economic Development
Summary: The East Central Florida Regional Planning Council, a valued partner who assisted the
City research and draft its 2019 Vulnerability Assessment, extended an offer to the City on March,
1, 2021 for one City of Cape Canaveral Council Member to partake in a public virtual event entitled
"Integrated Planning & Action - people, places and prosperity."
The event, moderated by television station WMFE reporter Amy Green, will focus on sustainability
and resilience -based actions being undertaken by top municipal and county entities in the Central
Florida area. It will take place on Friday, May 7, 2021 at 9:00 a.m. The City of Cape Canaveral has
been identified as a municipal trailblazer when it comes to resilience planning and sustainable
strategy development, and has been invited to sit alongside the mayor of the City of Orlando, the
mayor of Orange County, and an elected official of Volusia County to discuss its ongoing efforts
and their importance to our local community and environment. There is no cost associated with
this event, and it would last for 50 minutes.
Staff forwarded this item to City Council via email on March 2, 2021, requesting interested Council
members indicate their willingness to serve in this role. As of the date of agenda publication, Staff
has received one response of interest, from Mayor Pro Tem Raymond, to participate as a panelist.
Staff recommends the Council appoint a member from amongst themselves to be a panelist for the
event, as it represents a highly valuable opportunity to showcase the City's accomplishments and
commitment to forging a more sustainable future.
Submitting Department Director: David Dickey Date: 03/09/2021
Attachments: None.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/09/2021
The City Manager recommends the City Council take the following action:
Appoint Mayor Pro Tem Raymond to be a panelist on the "Integrated Planning & Action - people,
places and prosperity" event, to be held virtually on May 7, 2021 at 9:00 a.m.
Approved by City Manager: Todd Morley Date: 03/09/2021
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • MARCH 16, 2021
AGENDA ITEM SUMMARY • ITEM # 4
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 peer -to -peer online bookings, 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 • March 16, 2021
Agenda Item # 4
Page 2 of 5
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 • March 16, 2021
Agenda Item # 4
Page 3 of 5
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 • March 16, 2021
Agenda Item # 4
Page 4 of 5
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. At its February 16, 2021 Meeting, the Council postponed second
reading of the Ordinance until its March 16, 2021 Regular Meeting.
On February 24, 2021, the Board conducted its second public hearing regarding Ordinance No. 10-
2021. The meeting was well attended with 87 people watching on-line and 67 logged into the
GoToWebinar session. Approximately 50 people attended in -person with approximately 30
speakers in total.
The majority of those in attendance and who spoke opposed the proposed Ordinance, which they
felt represented overregulation of small business by the City and that it, if adopted, would have a
chilling effect on future vacation rental investment. The speakers overwhelmingly indicated that
they provide a much needed service in the City and generate a significant amount of taxes and
business activity which benefits everyone. Some of the speakers expressed a desire for the City to
reduce the 7-day minimum to attract additional customers and in so doing provide further
economic benefit for all parties. Several of the speakers indicated that further regulations on the
short-term rental industry would benefit the hotel industry at their expense. A small number of
speakers spoke in favor of the proposed Ordinance pointing to the negative impacts of these units
on the City's residential neighborhoods.
At the conclusion of the public hearing, the Board discussed the item amongst themselves and
ultimately recommended approval of the proposed Ordinance, with a specific recommendation on
the five (5) items requested by Council as follows:
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 —
Approve as written
2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation rentals —
Approve as written
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 — Remove in its entirety
and return with a separate ordinance addressing accessory structures which will apply
to all short and long-term rentals (general applicability)
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 — Modify the proposed
City of Cape Canaveral
City Council Meeting • March 16, 2021
Agenda Item # 4
Page 5 of 5
language to specify that the three year log is limited to only recording the number of
occupants and booking dates
5. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant
is a sexual predator/offender — Remove in its entirety
An effective date of October 1, 2021 has been added to the proposed Ordinance to provide that
the commencement of services coincide with the City's fiscal year. At this time, Staff is
recommending that an Agreement with a web -based, short-term rental compliance monitoring
service be postponed until such time that negations have been finalized, as well as a resolution
establishing associated fees, be postponed until such time that negotiations with a company are
complete.
Submitting Department Director: David Dickey Date: 03/09/2021
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: 03/08/2021
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 10-2021 on second reading, with the following changes as recommended
by the Planning and Zoning Board:
1. 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 — Modify the proposed
language to specify that the three year log is limited to only recording the number of
occupants and booking dates
2. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant is a
sexual predator/offender— Remove in its entirety
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 — Remove in its entirety and return
with a separate ordinance addressing accessory structures which will apply to all short
and long-term rentals (general applicability)
Approved by City Manager: Todd Morley Date: 03/09/2021
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 Code 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 (b) Definitions.
8 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 1st 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 1st . 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 between homes and any school, child care facility, park, playground or other place where
2 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
11 City Clerk
Robert Hoog
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 • MARCH 16, 2021
AGENDA ITEM SUMMARY • ITEM # 5
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 • March 16, 2021
Agenda Item # 5
Page 2 of 3
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 (Attachment 1) 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. At its February 16, 2021 Regular Meeting, the Council postponed first reading
until March 16, 2021 so that Staff could provide additional information regarding the approximate
count of the lots in question and a definition of direct ingress/egress as it differs from indirect
ingress/egress and easements.
The following list includes parcels that Staff is generally aware of which have been divided without
the required City approval. This is not presented as a comprehensive list nor has Staff determined
whether the listed parcels comply with eligibility criteria as contained in the proposed Ordinance.
The parcels, which are indicated on the attached map (Attachment 2) are generally located in the
area of Ridgewood Avenue and Surf Drive.
a. 24-37-14-51-7-11.01
b. 24-37-14-51-7-11
c. 24-37-14-51-7-10.01
d. 24-37-14-51-7-10
City of Cape Canaveral
City Council Meeting • March 16, 2021
Agenda Item # 5
Page 3 of 3
e. 24-37-14-51-7-6
f. 24-37-14-51-7-6.01
g. 24-37-14-51-9-19
h. 24-37-14-51-9-19.02
i. 24-37-14-51-9-20.01
j. 24-37-14-51-9-20
k. 24-37-14-51-9-21.01
I. 24-37-14-51-9-21.02
The City Council requested clarification regarding direct vs. indirect access. City Code does not
provide a definition for direct or indirect access. The Code does define "access easement," however,
it is in reference to public utilities and utility vehicles. The Code also defines an easement as a "right-
of-way granted for limited use of private property for a public or quasipublic purpose."
Sec. 110-255 of the City Code stipulates that "every building or structure erected shall be located
on a lot and shall be on a lot adjacent to a public street or with access to a public street. For a
parcel of land which is not adjacent to a public street, the front of such parcel shall be that
boundary or side which is adjacent to the legal access." Furthermore, Sec. 110-106 (c) of the Code
states that "no permit shall be issued for a building or use on a lot or parcel in any land use
classification that does not abut on a public street or an approved private street or easement
dedicated and accepted by the city providing legal access to a public street." [Underline added]
Therefore, City Code allows for the use of an easement to provide access in a situation where a
parcel does not have direct access to a public street and the usage of an easement to access a
public street is what is referred to when using the term "indirect access."
Submitting Department Director: David Dickey Date: 03/09/2021
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: 03/08/2021
Attachments:
1. Ordinance No. 11-2021
2. Location Map
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: 03/09/2021
Attachment 1
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 2of6
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 Bob Hoog, Mayor
8
9
10
11
12 ATTEST: For Against
13
14 Mike Brown
15
16 Mia Goforth, CMC Robert Hoog
17 City Clerk
18 Mickie Kellum
19
20 Wes Morrison
21
22 Angela Raymond
23
24
25 Planning and Zoning Board: January 27, 2021
26 First Reading: March 16, 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
City of Cape Canaveral
Ordinance No. 11-2021
Page 6 of 6
Attachment 2
Location Map of indicated parcels on Surf Drive, E. Central Boulevard and Ridgewood Avenue
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • MARCH 16, 2021
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 12-2021, amending Section 6-51 of the City Code related to open
containers of alcoholic beverages in public places; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date, first
reading.
Department: Brevard County Sheriff's Office, Canaveral Precinct
Summary: In an effort to improve the quality of life for our citizens, business owners and visitors,
and enhance law enforcement efforts to prevent public disorder, it is recommended to revise the
City's Ordinance related to Open Containers of Alcoholic Beverages in Public Places. This
recommended City Code revision will create consistency between the current Brevard County
Ordinance and the City of Cape Canaveral's Ordinance. Additionally, law enforcement will be
empowered through this revision to better serve the interests of public health, safety and welfare
of our residents, visitors and business community in the City of Cape Canaveral by having the ability
to initiate law enforcement action on violators of this City ordinance.
Submitting Department Director: Commander Andrew Walters Date: 03/09/2021
Attachment:
Ordinance No. 12-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/09/2021
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 12-2021 on first reading.
Approved by City Manager: Todd Morley Date: 03/09/2021
1 ORDINANCE NO. 12-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 6-51 OF THE CITY
5 CODE RELATED TO OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
6 IN PUBLIC PLACES; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes; and
13
14 WHEREAS, the regulation of open containers of alcoholic beverages in certain public
15 places bears a rational relationship to the goal of preventing public disorder and is a reasonable
16 and valid exercise of the City's police power. See, e.g., State v. Thompson, 536 So. 2d 388 (Fla. 3rd
17 DCA 1989); and
18
19 WHEREAS, upon recommendation of the Sheriff's Office providing law enforcement
20 services within the jurisdictional limits of the City of Cape Canaveral, the City Council desires to
21 update the City's open container law to include additional outside public places where the
22 possession and consumption of alcoholic beverages shall be prohibited; and
23
24 WHEREAS, the City Council recognizes the additional public places identified hereunder
25 are consistent with existing open container regulations adopted by Brevard County; and
26
27 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
28 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
29 Cape Canaveral.
30
31 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
32 ORDAINS, AS FOLLOWS:
33 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
34 this reference as legislative findings and the intent and purpose of the City Council of the City of
35 Cape Canaveral.
36
37 Section 2. Amending Section 6-51 of the City Code. The City of Cape Canaveral
38 Code of Ordinances, Section 6-51, is hereby amended as set forth below (underlined type
39 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this
City of Cape Canaveral
Ordinance No. 12-2021
Page 1 of 3
1 Ordinance of said applicable Division that shall remain unchanged in the City Code):
2
3 CHAPTER 6 — ALCOHOLIC BEVERAGES
4
5 * * *
6
7 Article III. — POSSESSION AND CONSUMPTION
8
9 Division 1. - Generally
10
11 Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
12 (a) It shall be unlawful for any person to drink, consume or possess an open container of
13 alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine,
14 on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city public
15 parking area open to the public, or on the premises outside of any building containing
16 an establishment open to the general public, not including any building customarily used
17 for residential purposes.
18 (b) The city manager may waive the prohibitions of this section for any special event,
19 including, but not limited to, community picnics, charitable ball games and other events,
20 provided that nothing in this section shall be deemed to waive any provisions of state
21 law regulating alcoholic beverages.
22 (c) This section shall not prohibit the consumption or possession of any open container of
23 alcoholic beverages outside of any building licensed to serve alcoholic beverages
24 provided that: (1) the outside location of such possession or consumption has been
25 designated in the alcoholic license issued by the state as part of the licensed premises,
26 as defined by F.S. § 561.01; (2) the outside consumption or possession at such location
27 conforms to the requirements of the City Code and applicable law; and (3) such
28 possession or consumption is confined to the location designated in the alcoholic license
29 issued by the state as part of the licensed premises.
30
31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
34
35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
38 and like errors may be corrected and additions, alterations, and omissions, not affecting the
39 construction or meaning of this ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 12-2021
Page 2 of 3
1
2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
6 the validity of the remaining portions of this Ordinance.
7
8 Section 6. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
10 Charter.
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
13 of , 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: March 16, 2021
30 Advertisement:
31 Second Reading:
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 12-2021
Page 3 of 3