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CAPE CANAVERAL PLANNING & ZONING BOARD/LAND PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
July 28, 2021
6:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Land Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the “Public Participation”
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
1.Approval of Meeting Minutes — February 24, 2021
2.Interview Board Applicant — Eugene Thorpe
3.Interview Ex-officio Board Member/Brevard County School Board Representative —
Kathy Stokes
4.Interview Board Applicant — Jo Sojourner
B. Comprehensive Plan Amendments (Legislative – Public Hearings):
1.Consideration and recommendation of Ordinance No. 27-2021; An Ordinance of the City
Council of the City of Cape Canaveral, Florida, amending section 58-1 of the City Code
related to local public notices for future land use map amendments; providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the code,
severability and an effective date.
2.Consideration and recommendation of Ordinance No. 33-2021; An Ordinance of the City
Council of the City of Cape Canaveral, Florida, amending the text of the City’s
Comprehensive Plan to include a Property Rights Element as required by law; providing
for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the
Comprehensive Plan, severability and an effective date and legal status of the plan
amendment.
PZB Agenda – July 28, 2021
Page 2 of 2
Consideration and Recommendation of Ordinance No. 25-2021 An Ordinance of the City
Council of the City of Cape Canaveral, Florida; adopting a property owner initiated small
scale future land use map amendment by changing the future land use map designation
of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described
as the east ½ of lot 4 and lots 5,6,7 and 8, block 13, Avon by the Sea, according to the plat
thereof, as recorded in plat book 3, page 7, of the public records of Brevard County, Florida
from “C-1 Commercial ” to “R-2 Residential;” 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, incorporation into the Comprehensive Plan and an effective date; and
Consideration and Recommendation of Ordinance No. 26-2021 An Ordinance of the City
Council of the City of Cape Canaveral, Florida; adopting a property owner initiated
rezoning of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally
described as the east ½ of lot 4 and lots 5,6,7 and 8, block 13, Avon by the Sea, according
to the plat thereof, as recorded in plat book 3, page 7, of the public records of Brevard
County, Florida from the current city C-1 Low Density Commercial zoning district
designation to the city R-2 Medium Density Residential 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 an effective date.
REPORTS AND OPEN DISCUSSION
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 Planning & Zoning Board 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.
PLANNING & ZONING BOARD
MEETING MINUTES
February 24, 2021
A Meeting of the Planning & Zoning Board took place on February 24, 2021, at City Hall
Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Lamar Russell
called the meeting to order at 6:00 pm. The Board Secretary called the roll.
ROLL CALL
MEMBERS PRESENT
Lamar Russell Chairperson
John Price Vice Chairperson
Susan Denny Board Member
Nancy Gentilquore Board Member
Dr. Michael Miller Board Member
Steven Stroud Board Member
OTHERS PRESENT
Todd Morley City Manager
David Dickey Community & Economic Development Director
Anthony Garganese City Attorney
Brenda Surprenant City Planner
Patti Roth Board Secretary
PUBLIC PARTICIPATION
None
OLD BUSINESS
NEW BUSINESS
A. Board Matters
1. Approval of Meeting Minutes: January 27, 2021 - Motion to accept the minutes as
written, made by Vice Chairman Price and seconded by Board Member Dr. Miller. Vote on the
motion carried unanimously.
B. Comprehensive Plan Amendments (Legislative – Public Hearings)
1.Consideration and Recommendation of 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;
Planning & Zoning Board
Meeting Minutes
February 24, 2021
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.
Mr. Dickey gave an overview of Ordinance No. 10-2021. Since the late 80’s the City of Cape
Canaveral has had a minimum seven (7) consecutive day rental restriction on residential
property. In 2014, the Legislature passed Senate Bill #356 addressing the duration or
frequency of rental of vacation rentals. This 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. Mr. Dickey also covered the
items listed on Agenda Pages 2-4 covering facts and findings.
After Mr. Dickey’s overview, the board heard input from the public, in-person and virtually.
Discussion ensued between the Board members and Staff. Chairman Russell thanked
everyone for coming forward and calling in with their comments and suggestions. Board
Chairman Russell closed the public participation at 9:04 pm.
Recess: Vice Chairman Price requested a 5-minute recess at 9:05 p.m. Meeting resumed at
9:11 p.m.
A motion was made by Vice Chairman Price and seconded by Board Member Dr. Miller to
continue the meeting for another 15 minutes.
Discussion ensued and a motion was made by Board Chairman Russell and seconded by
Board Member Dr. Miller to recommend approval of the item with specific recommendations
on the five (5) following items as requested by Council. Vote on the motion carried
unanimously.
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.
Planning & Zoning Board
Meeting Minutes
February 24, 2021
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 – to remove in its
entirety and return with a separate ordinance addressing 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 – to maintain a three (3)
year log 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 – to remove in its entirety.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT
A motion was made by Board Chairman Russell and seconded by Board Member Dr. Miller to
adjourn the meeting at 10:08 pm.
Approved on this ________________ day of __________________________________, 2021
_________________________________________
Lamar Russell, Chairperson
__________________________________________
Patti Roth, Board Secretary
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
JULY 28, 2021REGULAR MEETING · ITEM # 1
Subject: Consideration and recommendation of Ordinance No. 27-2021; An Ordinance of the City
Council of the City of Cape Canaveral, Florida, amending section 58-1 of the City Code related to
local public notices for future land use map amendments; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the code, severability and an effective
date.
Department:Community and Economic Development
Summary:In May 2019, the City Council passed Ordinance 09-2019 which amended Section 110-
28 of the City Code relating to Due Process and Special Local Notice Requirements for certain
zoning hearings. This was initiated in anticipation of the City’s upcoming administrative rezoning
project to eliminate or reduce inconsistent uses/zoning in the City.
The new notice procedures were implemented to be less burdensome to future City-initiated
administrative zoning efforts. Specifically, the change eliminated the need to post individual
properties, while maintaining the requirement to post a meeting notice at City Hall and on the city's
official website; and to notify, by regular mail, the owner(s) of the subject parcels of land for which
the administrative application is being made.
To create a uniform local public notice process for Future Land Use Map (FLUM) amendments, the
proposed Ordinance has been prepared. In addition to notice requirements provided by state law,
the proposed Ordinance establishes notice requirements in a manner consistent with the
comprehensive administrative rezoning process passed via Ordinance 09-2019. Specifically, that
individual properties will no longer be required to be posted for City-initiated FLUM amendments.
Note that oftentimes, when a property is rezoned, an associated FLUM amendment is also
processed.
The proposed Ordinance provides additional housekeeping measures intended to provide a degree
of flexibility to amendments to the FLUM.
Attachment:
1.Ordinance No. 27-2021
Community and Economic Development Staff recommend the Board take the following
action: Recommend Approval of Ord. No. 27-2021 to the City Council.
Approved by Director: David Dickey Date:7/14/2021
1 ORDINANCE NO. 27-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 58-1 OF THE CITY
5 CODE RELATED TO LOCAL PUBLIC NOTICES FOR FUTURE LAND USE
6 MAP AMENDMENTS; 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 City Council previously streamlined the local public notice requirements
15 for zoning related applications including rezoning map amendments as set forth in Section 110-
16 28 of the City Code; and
17
18 WHEREAS, in many cases, future land use map amendments occur simultaneously with
19 rezoning map amendments; and
20
21 WHEREAS, the City Council desires to create one uniform local public notice standard for
22 future land use map and rezoning map amendments rather than maintaining two different
23 requirements in or
24
25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
27 Cape Canaveral.
28
29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
30 ORDAINS, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
32 this reference as legislative findings and the intent and purpose of the City Council of the City of
33 Cape Canaveral.
34
35 Section 2. Amending Section 58-1 of the City Code. The City of Cape Canaveral
36 Code of Ordinances, Section 58-1 is hereby amended as set forth below (underlined type indicates
37 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
38 of said applicable Division that shall remain unchanged in the City Code):
39
40 CHAPTER 58 PLANNING
41
City of Cape Canaveral
Ordinance No. 27-2021
Page 1 of 3
1 * * *
2
3 Article I. IN GENERAL
4
5 Sec. 58-1. Notice requirement for amendments to future land use map.
6 In addition to any notice requirements provided by state law, all public hearings for future
7 land use map amendments shall be publicly noticed in the same manner as zoning map
8 amendments as set forth in section 110-28. for at least 14 calendar days prior to the date of the
9 hearing. Said notice shall include the address or legal description of the subject property, matter
10 to be considered and the time, date and place of the hearing. The city shall post notice of public
11 hearings in the following manner:
12 (1) Posting the affected property.
13 (2) Posting at city hall and on the city's official website.
14 (3) Notifying, by certified mail, all owners of real property (including homeowner's and
15 condominium associations) adjacent to and within 500 feet of the subject property.
16 Applicants shall be solely responsible for the costs incurred for notification under this
17 subsection. Further, unless otherwise provided by law, notices required by this
18 subsection shall be provided as follows:
19 (A) Notice of small-scale future land use map amendments shall only be mailed for
20 the first public hearing before each board required to conduct a hearing on the
21 small-scale future land use map amendment.
22 (B) Notice of large-scale future land use map amendments shall be mailed at least
23 once before the land planning agency hearing, the transmittal hearing and the
24 adoption hearing on the large-scale future land use map amendment.
25 (4) Notifying, by certified mail, the owner(s) of the subject property for which the
26 application is being made.
27 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed
28 to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
29 appealing any decision made under this chapter.
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
City of Cape Canaveral
Ordinance No. 27-2021
Page 2 of 3
1 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
2 and like errors may be corrected and additions, alterations, and omissions, not affecting the
3
construction or meaning of this ordinance and the City Code may be freely made.
4
5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
6 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
7 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
8 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
9 the validity of the remaining portions of this Ordinance.
10
11 Section 6. Effective Date. This Ordinance shall become effective immediately upon
12 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
13 Charter.
14
15 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this ______ day of
16 ___________, 2021.
17
18
19 _______________________________
20 Bob Hoog, Mayor
21
22
23 ATTEST: For Against
24
25 Mike Brown _______ _______
26 ___________________________________
27 Mia Goforth, CMC Robert Hoog _______ _______
28 City Clerk
29 Mickie Kellum _______ _______
30
31 Wes Morrison _______ _______
32
33 Angela Raymond _______ _______
34 First Reading:
35 Advertisement:
36 Second Reading:
37
38 Approved as to legal form and sufficiency
39 for the City of Cape Canaveral only by:
40
41 __________________________________
42 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 27-2021
Page 3 of 3
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
July 28, 2021REGULAR MEETING · ITEM # 2
Subject: Ordinance No. 33-2021; amending the text of the City’s Comprehensive Plan to include a
Property Rights Element as required by law; providing for the repeal of prior inconsistent
Ordinances and Resolutions, incorporation into the Comprehensive Plan, severability and an
effective date and legal status of the plan amendment.
Department:Community and Economic Development
Summary:During the 2021 Legislative Session, the Florida Legislature adopted, and Governor
DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend
their Comprehensive Plan to include a Property Rights Element. The new law went into effect on
July 1, 2021.
The addition of a new element into the City’s Comprehensive Plan is done via a text amendment,
which requires a transmittal hearing and then a subsequent adoption hearing after state review.
This hearing will be considered the transmittal hearing.
It is Staff’s understanding that the Florida Department of Economic Opportunity (DEO), the State
agency responsible for administering Comprehensive Plan amendments, will hold all other plan
property rights
amendments in abeyance until such time that the local government adopts its
element. Unless expeditiously addressed, this has the potential of delaying the numerous plan
amendments currently being processed in support of the City’s on-going administrative rezoning
initiative.
The proposed element is organized such that it simply includes the property rights statement
promulgated by the Legislature as contained in Chapter 2021-195. The overarching goal of the new
element is to state that the City will “respect judicially acknowledged and constitutionally protected
private property rights.” Furthermore, it commits the City to consider the following rights in local
decision-making:
1.The right of a property owner to physically possess and control his or her interests in
the property, including easements, leases, or mineral rights.
2.The right of a property owner to use, maintain, develop, and improve his or her property
for personal use or for the use of any other person, subject to state law and local
ordinances.
3.The right of the property owner to privacy and to exclude others from the property to
protect the owner's possessions and property.
4.The right of a property owner to dispose of his or her property through sale or gift.
Attachment(s):
1.Ordinance No. 33-2021
Community and Economic Development Staff recommend the Board take the following
action(s): Recommend Approval of Ord. No. 33-2021 to the City Council.
Approved by Director: David Dickey Date:7/19/2021
1 ORDINANCE NO. 33-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING THE TEXT OF THE CITYS
5 COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT
6 AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE COMPREHENSIVE PLAN, SEVERABILITY
9 AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
10 AMENDMENT.
11
12 WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community
13 Planning Act, which was formerly known as the Local Government Comprehensive Planning and
14 Land Development Regulation Act; and
15
16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida
17 to prepare, adopt, and update a Comprehensive Plan; and
18
19 WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and
20 Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local
21 governments to amend their comprehensive plans to include a property rights element; and
22
23 WHEREAS, the City of Cape Canaveral recognizes the importance of property rights and
24 desires to expeditiously comply with the new law by adding a property rights element to its
25 Comprehensive Plan; and
26
27 WHEREAS, in accordance with the provisions of the Community Planning Act,
28 Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a
29 duly held public meeting as required by law; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral held two duly noticed public
32 hearings on the proposed amendment set forth hereunder and considered findings and advice of
33 staff, citizens, and all interested parties submitting written and oral comments and supporting
34 data and analysis, and after complete deliberation, hereby approves and adopts the
35 Comprehensive Plan Amendment set forth hereunder; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
38 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
39 Cape Canaveral.
40
City of Cape Canaveral
Ordinance No. 33-2021
Page 1 of 4
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
2 ORDAINS, AS FOLLOWS:
3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
4 this reference as legislative findings and the intent and purpose of the City Council of the City of
5 Cape Canaveral.
6
7 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
8 the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195,
9 Laws of Florida.
10
11 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
12 this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated
13 herein as part of the City of Cocoa Comprehensive Plan.
14
15 Section 4. Addition of Property Rights Element. The City of Cape Canaveral Code
16 Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions
17 and strikeout type indicates deletions, while *** indicate deletions from the text of said
18 Comprehensive Plan that shall remain unchanged in the Citys Comprehensive Plan):
19
20 City of Cape Canaveral
21 Comprehensive Plan
22 * * *
23 SECTION 11 PROPERTY RIGHTS ELEMENT
24 PROPERTY RIGHTS ELEMENT
25 GOALS, OBJECTIVES and POLICIES
26
27 GOAL PR-1
28
29 The City will respect judicially acknowledged and constitutionally protected private property
30 rights.
31
32 OBJECTIVE PR-1.1
33
34 The City will consider when appropriate and applicable judicially acknowledged and
35 constitutionally protected private property rights when making decisions.
36
City of Cape Canaveral
Ordinance No. 33-2021
Page 2 of 4
1
2 POLICYPR-1.1.1
3
4 In accordance with Florida law requiring governmental entities to respect judicially acknowledged
5 and constitutionally protected private property rights, the following rights shall be considered in
6 local decisionmaking:
7
8 1. The right of a property owner to physically possess and control his or her interests in the
9 property, including easements, leases, or mineral rights.
10 2. The right of a property owner to use, maintain, develop, and improve his or her property for
11 personal use or for the use of any other person, subject to state law and local ordinances.
12 3. The right of the property owner to privacy and to exclude others from the property to protect
13 the owner's possessions and property.
14 4. The right of a property owner to dispose of his or her property through sale or gift.
15
16 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
19
20 Section 6. Incorporation Into Code. Upon the effective date of the Comprehensive
21 Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City
22 of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any
23 heading may be changed or modified as necessary to effectuate the foregoing.
24
25 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
27 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
28 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
29 the validity of the remaining portions of this Ordinance.
30
31 Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment
32 adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency
33 notifies the City that the plan amendment package is complete pursuant to section
34 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan
35 amendment shall not become effective until the state land planning agency or the Administration
36 Commission enters a final order determining the adopted amendment to be in compliance. No
37 development orders, development permits, or land use dependent on this plan amendment may
38 be issued before it has become effective. After and from the effective date of this plan
City of Cape Canaveral
Ordinance No. 33-2021
Page 3 of 4
1amendment, the Comprehensive Plan Amendment set forth herein shall amend the Cityof Cape
2CanaveralComprehensive Plan and become a part of that plan and the plan amendment shall
3 have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended.
4
5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day
6 of____________________________, 2021.
7
8
9
10
11 _______________________________
12 Bob Hoog, Mayor
13
14
15
16
17 ATTEST: For Against
18
19 Mike Brown _______ _______
20 ___________________________________
21 Mia Goforth, CMC Robert Hoog _______ _______
22 City Clerk
23 Mickie Kellum _______ _______
24
25 Wes Morrison _______ _______
26
27 Angela Raymond _______ _______
28
29
30 First Reading: ________________
31 Planning & Zoning Board: _____________
32 Advertisement: _______________
33 Second Reading: _____________
34
35
36 Approved as to legal form and sufficiency
37 for the City of Cape Canaveral only by:
38
39 __________________________________
40 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 33-2021
Page 4 of 4
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
JULY 28, 2021REGULAR MEETING · ITEM # 3 & 4
Subject: Consideration and recommendation of:
1.Ordinance No. 25-2021; An Ordinance of the City Council of the City of Cape Canaveral,
Florida; adopting a property owner initiated small scale future land use map amendment by
changing the future land use map designation of a parcel of property described as tax parcel
ID: 24-37-23-CG-13-4 and legally described as the east ½ of lot 4 and lots 5,6,7 and 8, block
13, Avon by the Sea, according to the plat thereof, as recorded in plat book 3, page 7, of
the public records of Brevard County, Florida from “C-1 Commercial ” to “R-2 Residential;”
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, incorporation into the Comprehensive Plan and an
effective date; and
2.Ordinance No. 26-2021; An Ordinance of the City Council of the City of Cape Canaveral,
Florida; adopting a property owner initiated rezoning of a parcel of property described as
tax parcel ID: 24-37-23-CG-13-4 and legally described as the east ½ of lot 4 and lots 5,6,7
and 8, block 13, Avon by the Sea, according to the plat thereof, as recorded in plat book 3,
page 7, of the public records of Brevard County, Florida from the current city C-1 Low
Density Commercial zoning district designation to the city R-2 Medium Density Residential
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 an effective date.
Department:Community and Economic Development
Summary:This request is to both amend the City’s Comprehensive Plan Future Land Use Map
(FLUM) and to rezone a 0.65-acre parcel from C-1 to R-2. The parcel is identified as parcel ID: 24-
37-23-CG-13-4 (Attachment 1). The property is vacant.
As indicated, the property is currently designated C-1 by the FLUM and has a zoning designation
of C-1 (Attachment 2). With respect to zoning, a review of the City’s historical zoning maps show
the property having a zoning designation of C-1 since the City’s incorporation.
The applicant purchased the property in 2021 with the intention of constructing residential
dwellings. However, in 2016, the City Council eliminated residential uses from the C-1 district, thus
the need for a rezoning. It is also important to note that this property was slated for the city’s
administrative rezoning project from Commercial to Residential, but the property owner chose to
initiative the rezoning and FLUM amendment separately.
The property is located at the intersection of Jefferson Avenue and Poinsetta Avenue (Attachment
3). The vast majority of the parcels surrounding the property are zoned R-2 or have residential
structures developed as single-family homes or multi-family. The property to the immediate west
of the subject property is zoned C-1.
The applicant will also be re-platting the property into three separate parcels in order to construct
residential dwellings. The parcels meet the current minimum requirements for the district which are
7,500 square feet in the R-2 zoning district (Attachment 4).
City of Cape Canaveral P&Z Board
Regular Meeting · July 28, 2021
Agenda Item # 3 & 4
Page 2 of 4
The proposed revision to the City’s Future Land Use Map is processed through the comprehensive
plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be first considered by the Local Planning Agency and will require one hearing
before the City Council, which shall be the adoption hearing.
Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1.An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level-of-service related facilities or services.
2.An analysis of the suitability of the proposed plan amendment considering the character of
the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well-drained soils. There are no natural
or historical resources on-site.
3.An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-scale
residential amendments without data showing the need and ability to accommodate
the increased number of people.
4.That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City’s Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
proposed zoning district consists of multi-family construction, consistency with this policy will
result.
As spelled out in Sec. 110-35 of City Code, a rezoning request shall be reviewed against the
following standards (staff response in bold/italics):
1.The proposed rezoning change is in compliance with all procedural requirements
established by the City Code and law; Yes, the proposed rezoning has been processed in
accordance with City and State requirements.
2.The proposed rezoning change is consistent with the city's comprehensive plan including,
but not limited to, the future land use map and the proposed change would not have an
The request is consistent with the
adverse effect on the comprehensive plan;
Comprehensive Plan.
3.The proposed rezoning change is consistent with any master plan applicable to the
property; N.A.
4.The proposed rezoning change is not contrary to the land use pattern established by the
city's comprehensive plan; The proposed rezoning would allow for a continuation of the
established land use pattern.
5.The proposed rezoning change would not create a spot zone prohibited by law; The
proposed zoning district is a continuation of the existing zoning in the immediate area.
6.The proposed rezoning change would not materially alter the population density pattern in
a manner that would overtax the load on public facilities and services such as schools,
City of Cape Canaveral P&Z Board
Regular Meeting · July 28, 2021
Agenda Item # 3 & 4
Page 3 of 4
utilities, streets, and other municipal services and infrastructure; The proposed R-2
designation is a lessintense residential district and does not appear to alter
population in a manner that would overtax public facilities.
7.The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding area
and the land use pattern established by the city's comprehensive plan; The proposed R-2
designation is a continuation of the R-2 district, which lies immediately to the east
and south of the subject parcel.
8.Changed or changing conditions make the proposed rezoning necessary; As the
neighboring properties have been built-out with residential uses, the rezoning from C-
1 to R-2 will remove a possible zoning conflict.
9.The proposed rezoning change will not seriously reduce light or air to adjacent areas; The
proposed rezoning would allow the construction of multi-family dwellings, which
would not seriously reduce light or air to adjacent areas.
10.Should the city be presented with competent substantial evidence indicating that property
values will be adversely affected by the proposed rezoning, the applicant must demonstrate
that the proposed rezoning change will not adversely affect property values in the
surrounding area; N.A.
11.The proposed rezoning will not be a substantial detriment to the future improvement or
development of vacant adjacent property; The proposed rezoning is a continuation of the
development trend in the area, and also facilitates the goals of the administrative
rezoning project.
12.The proposed rezoning will not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare; The proposed rezoning would allow for the
construction of multi-family dwellings, which is a right enjoyed by other owners in the
area.
13.The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city; The proposed rezoning would allow for residential uses, which
would be consistent with the immediate neighborhood.
14.The proposed rezoning does not violate any applicable land use regulations adopted by the
city. All other City code requirements will be implemented through the permitting
process.
As indicated in this Staff report and analysis, the proposed Comprehensive Plan amendment and
rezoning are consistent with applicable City and State standards.
Attachment(s):
1.Property Aerial
2.Current Zoning Map
3.Street Level Photos
4.Proposed Plat
Community and Economic Development Staff recommend the Board take the following
actions:
Recommend to the City Council Approval of:
1.Ordinance 25-2021; and
2.Ordinance 26-2021
City of Cape Canaveral P&Z Board
Regular Meeting · July 28, 2021
Agenda Item # 3 & 4
Page 4 of 4
Approved by Director: David Dickey Date:7/14/2021
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Attachment 3
Corner of Poinsetta Ave and Jefferson Ave.
Street view looking east.
Street view looking south.
Street view looking northwest.
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1
2 ORDINANCE NO. 25-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER
6 INITIATED SMALL SCALE FUTURE LAND USE MAP
7 AMENDMENT BY CHANGING THE FUTURE LAND USE MAP
8 DESIGNATION OF A PARCEL OF PROPERTY DESCRIBED AS TAX
9 PARCEL ID. 24-37-23-CG-13-4 AND LEGALLY DESCRIBED AS
10 THE EAST ½ OF LOT 4 AND LOTS 5,6,7 AND 8, BLOCK 13, AVON
11 BY THE SEA, ACCORDING TO THE PLAT THEREOF, AS
12 RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS
13 OF BREVARD COUNTY, FLORIDA FROM C-1 COMMERCIALTO
14 R-2 RESIDENTIALPROVIDING THE PROPERTY SUBJECT TO
15 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED AND
16 LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO;
17 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
18 ORDINANCES AND RESOLUTIONS, SEVERABILITY,
19 INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN
20 EFFECTIVE DATE.
21
22 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
23 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
24 163.3187(1)(c), Florida Statutes; and
25
26 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
27 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
28 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
29 and all interested parties submitting written and oral comments and has recommended adoption
30 to the City Council; and
31
32 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
33 hearing on the proposed amendment set forth hereunder and considered findings and advice of
34 staff, citizens, and all interested parties submitting written and oral comments and supporting
35 data and analysis, and after complete deliberation, hereby approves and adopts the
36 Comprehensive Plan Amendment set forth hereunder; and
37
38 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
39 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
City of Cape Canaveral
Ordinance No. 25-2021
Page1of3
40
41 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
42 ORDAINS, AS FOLLOWS:
43
44 Section 1. Recitals. The foregoing recitals are true and correct and are fully
45 incorporated herein by this reference.
46
47 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
48 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
49
50 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
51 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
52 of the City of Cape Canaveral Comprehensive Plan.
53
54 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
55 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
56 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2
57 Residential Exhibit A is attached hereto and fully incorporated herein by this reference.
58
59 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
60 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
61 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
62
63 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
64 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
65 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
66 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
67 the validity of the remaining portions of this Ordinance.
68
69 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
70 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
71 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
72 number or letter and any heading may be changed or modified as necessary to effectuate the
73 foregoing.
74
75 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
76 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
77 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
78 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
City of Cape Canaveral
Ordinance No. 25-2021
Page2of3
79 Agency or the Administration Commission issues a final order determining the adopted small
80 scale Comprehensive Plan Amendment is in compliance. No development orders, development
81 permits, or land use dependent on this Amendment may be issued or commenced before it has
82 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
83 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
84 become a part of that plan and the Amendments shall have the legal status of the City of Cape
85 Canaveral Comprehensive Plan, as amended.
86
87 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
88 _ , 2021.
89
90
91
92 _______________________________
93 Bob Hoog, Mayor
94
95 ATTEST: For Against
96
97 Mike Brown _______ _______
98 ___________________________________
99 Mia Goforth, CMC Robert Hoog _______ _______
100 City Clerk
101 Mickie Kellum _______ _______
102
103 Wes Morrison _______ _______
104
105 Angela Raymond _______ _______
106 LPA/Planning & Zoning Board: __________
107 First Reading: __________________
108 Advertisement: _______________
109 Second Reading: _________________
110
111 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114 __________________________________
115 Anthony A. Garganese, City Attorney
116
117
City of Cape Canaveral
Ordinance No. 25-2021
Page3of3
1
2 ORDINANCE NO. 26-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER
6 INITIATED REZONING OF A PARCEL OF PROPERTY DESCRIBED
7 AS TAX PARCEL ID. 24-37-23-CG-13-4 AND LEGALLY
8 DESCRIBED AS THE EAST ½ OF LOT 4 AND LOTS 5,6,7 AND 8,
9 BLOCK 13, AVON BY THE SEA, ACCORDING TO THE PLAT
10 THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE
11 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA FROM THE
12 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
13 DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
14 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
15 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
16 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
17 EXHIBIT A ATTACHED HERETO; PROVIDING FOR THE REPEAL
18 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
19 SEVERABILITY AND AN EFFECTIVE DATE.
20
21
22 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
23 State Constitution, to exercise any power for municipal purposes, except when expressly
24 prohibited by law; and
25
26 WHEREAS, the subject property owner desires to rezone the subject property to R-2
27 Medium Density Residential in order to construct residential units; and
28
29 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
30 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
31 and
32
33 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
34 have recommended approval of this Ordinance; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
37 hearing on the proposed zoning change set forth hereunder and considered findings and advice
38 of staff, citizens, and all interested parties submitting written and oral comments and supporting
39 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
City of Cape Canaveral
Ordinance No. 26-2021
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1 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
2 and substantial evidence supports the zoning change set forth hereunder; and
3
4 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
5 government purpose and is in the best interests of the public health, safety, and welfare of the
6 citizens of Cape Canaveral, Florida.
7
8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
9 ORDAINS, AS FOLLOWS:
10
11 Section 1. Recitals. The foregoing recitals are true and correct and are fully
12 incorporated herein by this reference.
13
14 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
15 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
16 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
17 the real properties depicted and legally described on Exhibits A which is attached and
18 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys
19 Official Zoning Map upon the effective date of this Ordinance.
20
21 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
22 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
23 the Official Records of Brevard County, Florida.
24
25 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
26 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
27 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
28
29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
31 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
32 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
33 the validity of the remaining portions of this Ordinance.
34
35 Section 6. Conditional Effective Date. This Ordinance shall become effective
36 immediately upon the effective date of Ordinance 25-2021 as adopted by the City Council of the
37 City of Cape Canaveral, Florida. If Ordinance 25-2021 does not become effective, then this
38 Ordinance shall become null and void.
39
City of Cape Canaveral
Ordinance No. 26-2021
Page2of3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2 ______________, 2021.
3
4 _______________________________
5 Bob Hoog, Mayor
6
7 ATTEST: For Against
8
9 Mike Brown _______ _______
10 ___________________________________
11 Mia Goforth, CMC Robert Hoog _______ _______
12 City Clerk
13 Mickie Kellum _______ _______
14
15 Wes Morrison _______ _______
16
17 Angela Raymond _______ _______
18
19 Planning & Zoning Board: _____________
20 First Reading: _________________
21 Advertisement: _______________
22 Second Reading: ______________
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
City of Cape Canaveral
Ordinance No. 26-2021
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