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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20211208 CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 December 8, 2021 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Local 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 — October 13, 2021 B. Comprehensive Plan Amendments (Legislative – Public Hearings): 1.Ocean Gardens—Rezoning and Future Land Use Map Amendment a.Ordinance No. 13-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Ocean Gardens located on Ocean Garden Lane, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. b.Ordinance No. 14-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of multiple parcels of real property generally known as Ocean Gardens located at Ocean Garden Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on Exhibit “A” attached hereto; PZB Agenda – December 8, 2021 Page 2 of 2 providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date. 2.Sea Spray Townhomes—Rezoning and Future Land Use Map Amendment a.Ordinance No. 15-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Sea Spray Townhomes located on Anchorage Avenue, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. b.Ordinance No. 16-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Anchorage Avenue and commonly referred to as the Sea Spray Townhomes from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. 3.Canaveral Woods Condominium—Rezoning and Future Land Use Map Amendment a.Ordinance No. 17-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Clara Elizabeth Lane and generally known as the Canaveral Woods Condominium, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. b.Ordinance No. 18-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Clara Elizabeth Lane and commonly referred to as the Canaveral Woods Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. 4.Portside Villas Condominium—Rezoning and Future Land Use Map Amendment a.Ordinance No. 19-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Portside Avenue generally known as the Portside Villas Condominium, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. PZB Agenda – December 8, 2021 Page 2 of 2 b.Ordinance No. 20-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Portside Avenue and commonly referred to as the Portside Villas Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. 5.Perlas Del Mar Condominium—Rezoning and Future Land Use Map Amendment a.Ordinance No. 21-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominium, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. b.Ordinance No. 22-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominiums from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. 6.Oak Lane—Rezoning and Future Land Use Map Amendment a.Ordinance No. 23-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located along the North and South Side and End of Oak Lane, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. b.Ordinance No. 24-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property located along the North and South Side and End of Oak Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. PZB Agenda – December 8, 2021 Page 2 of 2 7.8810 N. Atlantic Ave (Binder)—Rezoning and Future Land Use Map Amendment a.Ordinance No. 41-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit “A” attached hereto from City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. b.Ordinance No. 42-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Medium-Density Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan 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 OCTOBER 13, 2021 A meetingof the Planning & Zoning Board took place on October 13, 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 Nancy Gentilquore Board Member Dr. Michael Miller Board Member Steven Stroud Board Member Eugene Thorpe Board Member Kathy Stokes Ex-officio Board Member OTHERS PRESENT Brenda Surprenant Senior Planner Zachary Eichholz Deputy Director/Sustainability Manager Gustavo Vergara Leisure Services Director Patti Roth Board Secretary PUBLIC PARTICIPATION None OLD BUSINESS NEW BUSINESS A.Board Matters: 1. Approval of Meeting Minutes: July 28, 2021 – Motion to accept the minutes as written, made by Board Member Dr. Miller and seconded by Board Member Ms. Gentilquore. Vote on the motion carried unanimously. 2. Ms. Surprenantgave a short overview of the Administrative Site Plan Approval for 8780 Astronaut Blvd/McDonald’s and explained that this was more of an FYI. She reminded the board that a while backan ordinancewas passedto allow the City to do staff administrative approvals if the site plan was going to be a minor change. McDonald’s expanded their freezer storage and it didn’t change the footprint of the buildingtoo much. Chairperson Lamar Russell asked if there needed to be an approval but no action is necessary. Planning & Zoning Meeting Minutes Page 2 3. The next item on the agenda was a Site Plan approval for the development of a Holiday Inn Express. Ms. Surprenant explained this project is located at 995 Shorewood Drive. Instead of going through the entire packet, there were key items she wanted the board to be aware of . . . this project is part of a binding developers agreement, the developer has been working with the City and the city attorney to get certain provisions into the Site Plan. Some notable things include some sidewalk connectivity, there is a conservation easement on the property, and there’s a requirement for a piece of the property to the south that’s technically not on this parcel to maintain a clean and orderly appearance on what used to be known as the Cape Caribe Vacation Resort. There are some provisions in the BDA that require the dumpsters/area to be maintained a certain way. Photos were included in the packet. Bike and ped infrastructure was added, plus additional landscaping as bike/ped connectivity was another provision expressed in the developer’s agreement. This is a four-story building, 150 rooms, access will be off of George King and Shorewood Drive so not necessarily through the City, but more so through the Port and we are recommending approval. Chairperson Lamar Russell explained to the board that there was a standing agreement with the Planning & Zoning Board, the City, all attorney’s and concerned people got together and determined what you could continue to develop on that property and so this is a continuation of that agreement. Mike Allen of Allen Engineering was present and agreed with Chairperson Lamar Russell’s comments about the history of the developer’s agreement. Mr. Allen explained to the board they are trying to blend the hotel in with the adjacent facility as far as landscaping and architectural features. Discussion ensued and a motion was made by Board Member Steven Stroud and seconded by Board Member Nancy Gentilquore to approve the Site Plan for the Holiday Inn Express located at 995 Shorewood Drive. Vote on the motion carried unanimously. 4. This item on the agenda was a Site Plan approval for the redevelopment of Veterans Memorial Park. Ms. Surprenant explained that this request is a little different because the board isn’t approving a structure. There’s going to be some significant improvements to the site but it was thought to be best to bring it to the board. Most of it is going to be landscaping and decorative elements but the applicant is the City and Gustavo Vergara from Leisure Services was present to answer any specific questions the board may have. Staff recommended approval. The site is just east of the library on the library property which is a City property and it’s been an on-going initiative for a few years now to redevelop this site to be more useful. Mr. Vergara gave the board a brief history on how the project evolved. It was going to be called Whimsy Park but Council Member Kellum felt that rather than calling it a different thing and having a very small Veterans Park adjacent to a new park, why not call the entire area, Veterans Memorial Park and expand some of the amenities reverence, etc. Prior to COVID, there were almost two years of public input meetings, public surveys, Culture & Leisure Service Advisory Board meetings, then renderings were put out to the public and let the public vote on which version of a redevelopment they would like and then it went before Council. From there it had to go through the budgeting process and the next steps are to redevelop the park. Chairperson Lamar Russell inquired if the money was coming out of our Planning & Zoning Meeting Minutes Page 3 city budget or being paid by the veterans. Mr. Vergara replied that it was all city funded. Discussion ensued and a motion was made by Board Member Nancy Gentilquore and seconded by Board Member Dr. Miller to recommend approval of the Site Plan for the redevelopment of Veterans Memorial Park. Vote on the motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings): 5. Ordinance No. 36-2021; an Ordinance of the City Council of the City of Cape Canaveral, Florida, amending Chapter 110. Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the consistent ordinances, resolutions, and incorporation into the code, severability and an effective date. Ms. Surprenant gave the Board a short overview of the amended Ordinance No. 36-2021 in the absence of our City Attorney, Anthony Garganese. During the 2021 legislative session similar to our private property element that we adopted in July, the legislature made some changes that essentially say that if you have a home-base business, local governments cannot apply any additional regulations that you wouldn’t apply to a normal business. The underlying zoning of the residential district is in question because the statute says you can occupy a business within your four walls as long as you don’t have any deficiencies for parking or have any noise or nuisance issues…or violations in other state or local county ordinances. As a result, a person can operate any business in a residential zoning category per the state now. Businesses do still have to go through the city process regardless of its commercial or home occupation. This requires a business tax receipt and then any additional licenses that the state requires. Once an applicant gets those, they can apply for a BTR with the City. Ms. Surprenant asked the Board to expedite this approval so it can go to Council at their next meeting for the first reading. Discussion ensued and a motion was made by Board Member Dr. Miller and seconded by Board Member Steven Stroud to recommend approval of Ordinance 36-2021 to the City Council. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION ADJOURNMENT A motion was made by Board Member Steven Stroud and seconded by Board Member Dr. Miller to adjourn the meeting at 6:52 P.M. Approved on this ________________________________________day of __________________________, 2021 Planning & Zoning Meeting Minutes Page 4 ________________________________________________ Lamar Russell, Chairperson ________________________________________________ Patti Roth, Board Secretary CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 1 Subject: Ordinance No. 13-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Ocean Gardens located on Ocean Garden Lane, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 14-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of multiple parcels of real property generally known as Ocean 1 Low Density Gardens located at Ocean Garden Lane from their respective current City C- Commercial Zoning District designation to the City R-2 Medium Density Residential 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government- owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as Ocean Gardens. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 1 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 13-2021 2.Ordinance No. 14-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 13-2021 and Ordinance No. 14-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 13-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY GENERALLY KNOWN AS OCEAN GARDENS 9 LOCATED ON OCEAN GARDEN LANE, AND MORE 10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 11 EXHIBIT A ATTACHED HERETO, FROM C-1 COMMERCIALTO 12 R-2 RESIDENTIALPROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 13-2021 Page1of3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 46 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 47 of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 50 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 51 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2 52 Residential Exhibit A is attached hereto and fully incorporated herein by this reference. 53 54 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 55 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 56 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 57 58 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 59 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 60 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 61 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 62 the validity of the remaining portions of this Ordinance. 63 64 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 65 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 66 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 67 number or letter and any heading may be changed or modified as necessary to effectuate the 68 foregoing. 69 70 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 71 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 72 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 73 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 74 Agency or the Administration Commission issues a final order determining the adopted small 75 scale Comprehensive Plan Amendment is in compliance. No development orders, development 76 permits, or land use dependent on this Amendment may be issued or commenced before it has 77 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 78 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 13-2021 Page2of3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 _ , 2021. 84 85 86 87 _______________________________ 88 Bob Hoog, Mayor 89 90 ATTEST: For Against 91 92 Mike Brown _______ _______ 93 ___________________________________ 94 Mia Goforth, CMC Robert Hoog _______ _______ 95 City Clerk 96 Mickie Kellum _______ _______ 97 98 Wes Morrison _______ _______ 99 100 Angela Raymond _______ _______ 101 102 103 LPA/Planning & Zoning Board: __________ 104 First Reading: __________________ 105 Advertisement: _______________ 106 Second Reading: _________________ 107 108 109 Approved as to legal form and sufficiency 110 for the City of Cape Canaveral only by: 111 112 __________________________________ 113 Anthony A. Garganese, City Attorney 114 115 City of Cape Canaveral Ordinance No. 13-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP OCEAN GARDENS 24-37-14-71-*-48 101 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-1102 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-47 103 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-2 104 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-46 105 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-3106 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-45 107 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-4 108 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-44 109 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-5 110 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-43 111 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-6 112 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-7 114 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-8 116 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-40 117 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-9 118 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-39 119 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-10 120 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-11 122 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-12 124 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-38 125 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-13 126 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-37 127 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-14 128 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-36 129 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-15 130 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-97-*-1 131 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-16 132 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-97-*-2 133 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-17 134 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-95-*-50 135 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-18 136 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-32 137 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-19 138 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-31 139 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-20 140 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-30 141 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-21 142 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-29 143 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-22 144 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-26 149 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-AUNKNOWN FL 1 2 ORDINANCE NO. 14-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 GENERALLY KNOWN AS OCEAN GARDENS LOCATED AT 8 OCEAN GARDEN LANE FROM THEIR RESPECTIVE CURRENT 9 CITY C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT 10 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY 11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING 12 THE PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE 13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 14 EXHIBIT A ATTACHED HERETO; PROVIDING FOR THE REPEAL 15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 16 SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 20 State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 24 and update of ning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 27 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 28 is incompatible with the existing residential land use pattern surrounding the subject property; 29 and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 32 Residential so that the zoning map designation is consistent with the existing residential land uses 33 and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 38 Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 14-2021 Page1of3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 28 the real properties depicted and legally described on Exhibit A which is attached and 29 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 30 Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 34 the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 14-2021 Page2of3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become effective 8 immediately upon the effective date of Ordinance 13-2021 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance 13-2021 does not become effective, then this 10 Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 ______________, 2021. 14 15 _______________________________ 16 Bob Hoog, Mayor 17 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 Planning & Zoning Board: _____________ 30 First Reading: _________________ 31 Advertisement: _______________ 32 Second Reading: ______________ 33 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 __________________________________________ 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 14-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP OCEAN GARDENS 24-37-14-71-*-48 101 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-1102 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-47 103 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-2 104 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-46 105 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-3106 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-45 107 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-4 108 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-44 109 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-5 110 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-43 111 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-6 112 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-7 114 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-8 116 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-40 117 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-9 118 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-39 119 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-*-10 120 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-11 122 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-12 124 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-38 125 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-13 126 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-37 127 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-14 128 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-36 129 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-15 130 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-97-*-1 131 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-16 132 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-97-*-2 133 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-17 134 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-95-*-50 135 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-18 136 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-32 137 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-19 138 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-31 139 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-20 140 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-30 141 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-21 142 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-29 143 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-22 144 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-73-*-26 149 OCEAN GARDEN LN CAPE CANAVERAL FL 32920 24-37-14-71-AUNKNOWN FL CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 2 Subject: Ordinance No. 15-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Sea Spray Townhomes located on Anchorage Avenue, and more particularly depicted and legally described on Exhibit “A” ;” providing for the repeal of prior attached hereto, from “C-1 Commercial” to “R-2 Residential inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 16-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Anchorage Avenue and commonly referred to as the Sea Spray Townhomes from their respective current City 2 Medium Density C-1 Low Density Commercial Zoning District designation to the City R- Residential 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government- owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as Sea Spray Townhomes. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 2 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 15-2021 2.Ordinance No. 16-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 15-2021 and Ordinance No. 16-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 15-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY GENERALLY KNOWN AS SEA SPRAY TOWNHOMES 9 LOCATED ON ANCHORAGE AVENUE, AND MORE 10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 11 EXHIBIT A ATTACHED HERETO, FROM C-1 COMMERCIALTO 12 R-2 RESIDENTIALPROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 15-2021 Page1of3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 46 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 47 of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 50 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 51 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2 52 Residential Exhibit A is attached hereto and fully incorporated herein by this reference. 53 54 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 55 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 56 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 57 58 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 59 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 60 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 61 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 62 the validity of the remaining portions of this Ordinance. 63 64 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 65 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 66 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 67 number or letter and any heading may be changed or modified as necessary to effectuate the 68 foregoing. 69 70 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 71 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 72 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 73 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 74 Agency or the Administration Commission issues a final order determining the adopted small 75 scale Comprehensive Plan Amendment is in compliance. No development orders, development 76 permits, or land use dependent on this Amendment may be issued or commenced before it has 77 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 78 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 15-2021 Page2of3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 _ , 2021. 84 85 86 87 _______________________________ 88 Bob Hoog, Mayor 89 90 ATTEST: For Against 91 92 Mike Brown _______ _______ 93 ___________________________________ 94 Mia Goforth, CMC Robert Hoog _______ _______ 95 City Clerk 96 Mickie Kellum _______ _______ 97 98 Wes Morrison _______ _______ 99 100 Angela Raymond _______ _______ 101 102 103 LPA/Planning & Zoning Board: __________ 104 First Reading: __________________ 105 Advertisement: _______________ 106 Second Reading: _________________ 107 108 109 Approved as to legal form and sufficiency 110 for the City of Cape Canaveral only by: 111 112 __________________________________ 113 Anthony A. Garganese, City Attorney 114 115 City of Cape Canaveral Ordinance No. 15-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP SEA SPRAY TOWNHOMES 24-37-14-28-*-A.28107 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.29107 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.30107 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.31107 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.32107 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.33107 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.34107 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.XA 107 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-28-*-A.35117 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.36117 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.37117 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.38117 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.39117 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.40117 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.41117 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.42117 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.XB 117 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-28-*-A.43127 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.44127 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.45127 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.46127 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.47127 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.48127 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.49127 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.50127 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.51137 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.52137 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.53137 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.54137 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.55137 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.56137 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.57137 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 1 2 ORDINANCE NO. 16-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF SEVERAL PARCELS OF PROPERTY GENERALLY 7 LOCATED ON ANCHORAGE AVENUE AND COMMONLY 8 REFERRED TO AS THE SEA SPRAY TOWNHOMES FROM THEIR 9 RESPECTIVE CURRENT CITY C-1 LOW DENSITY COMMERCIAL 10 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM 11 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION; 12 PROVIDING THE PROPERTIES SUBJECT TO THIS ORDINANCE 13 ARE MORE PARTICULARLY DEPICTED AND LEGALLY 14 DESCRIBED ON EXHIBIT A ATTACHED HERETO; PROVIDING 15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 20 State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 24 and update of ning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 27 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 28 is incompatible with the existing residential land use pattern surrounding the subject property; 29 and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 32 Residential so that the zoning map designation is consistent with the existing residential land uses 33 and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 38 Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 16-2021 Page1of3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 28 the real properties depicted and legally described on Exhibits A which is attached and 29 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 30 Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 34 the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 16-2021 Page2of3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become effective 8 immediately upon the effective date of Ordinance 15-2021 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance 15-2021 does not become effective, then this 10 Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 ______________, 2021. 14 15 _______________________________ 16 Bob Hoog, Mayor 17 18 ATTEST: For Against 19 20 Mike Brown _______ _______ 21 ___________________________________ 22 Mia Goforth, CMC Robert Hoog _______ _______ 23 City Clerk 24 Mickie Kellum _______ _______ 25 26 Wes Morrison _______ _______ 27 28 Angela Raymond _______ _______ 29 30 Planning & Zoning Board: _____________ 31 First Reading: _________________ 32 Advertisement: _______________ 33 Second Reading: ______________ 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 __________________________________________ 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 16-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP SEA SPRAY TOWNHOMES 24-37-14-28-*-A.28107 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.29107 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.30107 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.31107 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.32107 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.33107 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.34107 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.XA 107 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-28-*-A.35117 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.36117 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.37117 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.38117 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.39117 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.40117 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.41117 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.42117 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.XB 117 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-28-*-A.43127 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.44127 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.45127 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.46127 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.47127 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.48127 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.49127 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.50127 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.51137 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.52137 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.53137 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.54137 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.55137 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.56137 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-28-*-A.57137 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 3 Subject: Ordinance No. 17-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Clara Elizabeth Lane and generally known as the Canaveral Woods Condominium, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 18-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Clara Elizabeth Lane and commonly referred to as the Canaveral Woods Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government-owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as Canaveral Woods Condominiums. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 3 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 17-2021 2.Ordinance No. 18-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 17-2021 and Ordinance No. 18-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 EXHIBIT “A” LEGAL DESCRIPTION AND MAP CANAVERAL WOODS CONDOMINIUM 24-37-14-00-500.S8715 CLARA ELIZABETH LN CAPE CANAVERAL FL 32920 24-37-14-00-500.R8717 CLARA ELIZABETH LN UNIT 401 CAPE CANAVERAL FL 32920 24-37-14-00-500.A.XA 8726 CLARA ELIZABETH LN UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-00-500.Q8727 CLARA ELIZABETH LN UNIT 308 CAPE CANAVERAL FL 32920 24-37-14-00-500.I8728 CLARA ELIZABETH LN UNIT 207 CAPE CANAVERAL FL 32920 24-37-14-00-500.P8729 CLARA ELIZABETH LN UNIT 307 CAPE CANAVERAL FL 32920 24-37-14-00-500.H 8730 CLARA ELIZABETH LN UNIT 206 CAPE CANAVERAL FL 32920 24-37-14-00-500.O8731 CLARA ELIZABETH LN UNIT 306 CAPE CANAVERAL FL 32920 24-37-14-00-500.G8732 CLARA ELIZABETH LN UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-00-500.N8733 CLARA ELIZABETH LN UNIT 305 CAPE CANAVERAL FL 32920 24-37-14-00-500.F8734 CLARA ELIZABETH LN UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-00-500.M 8735 CLARA ELIZABETH LN UNIT 304 CAPE CANAVERAL FL 32920 24-37-14-00-500.E 8736 CLARA ELIZABETH LN UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-00-500.L 8737 CLARA ELIZABETH LN UNIT 303 CAPE CANAVERAL FL 32920 24-37-14-00-500.D 8738 CLARA ELIZABETH LN UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-00-500.K8739 CLARA ELIZABETH LN UNIT 302 CAPE CANAVERAL FL 32920 24-37-14-00-500.C8740 CLARA ELIZABETH LN UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-00-500.J 8741 CLARA ELIZABETH LN UNIT 301 CAPE CANAVERAL FL 32920 24-37-14-00-500.A 8747 CLARA ELIZABETH LN UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-00-500.B8749 CLARA ELIZABETH LN UNIT 102 CAPE CANAVERAL FL 32920 1 2 ORDINANCE NO.18-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF SEVERAL PARCELS OF PROPERTY GENERALLY 7 LOCATED ON CLARA ELIZABETH LANE AND COMMONLY 8 REFERRED TO AS THE CANAVERAL WOODS CONDOMINIUM 9 FROM THEIR RESPECTIVE CURRENT CITY C-1 LOW DENSITY 10 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY 11 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT 12 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO 13 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND 14 LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO; 15 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 16 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN 17 EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 21 State Constitution, to exercise any power for municipal purposes, except when expressly 22 prohibited by law; and 23 24 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 25 and update of ; and 26 27 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 28 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 29 is incompatible with the existing residential land use pattern surrounding the subject property; 30 and 31 32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 33 Residential so that the zoning map designation is consistent with the existing residential land uses 34 and/or compatible with the surrounding residential land use pattern; and 35 36 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 37 affording lands with existing residential uses a consistent residential zoning designation that will 38 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 39 Zoning District regulations; and 40 City of Cape Canaveral Ordinance No. 18-2021 Page1of3 1 WHEREAS, sections110-34and 110-35 of the City Code provides a procedure and 2requirements for the City to consider arezoningof real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 28 the real properties depicted and legally described on Exhibits A which is attached and 29 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 30 Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 34 the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 40 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. 18-2021 Page2of3 1 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 3 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 4 the validity of the remaining portions of this Ordinance. 5 6 Section 6. Conditional Effective Date. This Ordinance shall become effective 7 immediately upon the effective date of Ordinance 17-2021 as adopted by the City Council of the 8 City of Cape Canaveral, Florida. If Ordinance 17-2021 does not become effective, then this 9 Ordinance shall become null and void. 10 11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12 ______________, 2021. 13 14 _______________________________ 15 Bob Hoog, Mayor 16 17 ATTEST: For Against 18 19 Mike Brown _______ _______ 20 ___________________________________ 21 Mia Goforth, CMC Robert Hoog _______ _______ 22 City Clerk 23 Mickie Kellum _______ _______ 24 25 Wes Morrison _______ _______ 26 27 Angela Raymond _______ _______ 28 29 Planning & Zoning Board: _____________ 30 First Reading: _________________ 31 Advertisement: _______________ 32 Second Reading: ______________ 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. 18-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP CANAVERAL WOODS CONDOMINIUM 24-37-14-00-500.S8715 CLARA ELIZABETH LN CAPE CANAVERAL FL 32920 24-37-14-00-500.R8717 CLARA ELIZABETH LN UNIT 401 CAPE CANAVERAL FL 32920 24-37-14-00-500.A.XA 8726 CLARA ELIZABETH LN UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-00-500.Q8727 CLARA ELIZABETH LN UNIT 308 CAPE CANAVERAL FL 32920 24-37-14-00-500.I8728 CLARA ELIZABETH LN UNIT 207 CAPE CANAVERAL FL 32920 24-37-14-00-500.P8729 CLARA ELIZABETH LN UNIT 307 CAPE CANAVERAL FL 32920 24-37-14-00-500.H 8730 CLARA ELIZABETH LN UNIT 206 CAPE CANAVERAL FL 32920 24-37-14-00-500.O8731 CLARA ELIZABETH LN UNIT 306 CAPE CANAVERAL FL 32920 24-37-14-00-500.G8732 CLARA ELIZABETH LN UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-00-500.N8733 CLARA ELIZABETH LN UNIT 305 CAPE CANAVERAL FL 32920 24-37-14-00-500.F8734 CLARA ELIZABETH LN UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-00-500.M 8735 CLARA ELIZABETH LN UNIT 304 CAPE CANAVERAL FL 32920 24-37-14-00-500.E 8736 CLARA ELIZABETH LN UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-00-500.L 8737 CLARA ELIZABETH LN UNIT 303 CAPE CANAVERAL FL 32920 24-37-14-00-500.D 8738 CLARA ELIZABETH LN UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-00-500.K8739 CLARA ELIZABETH LN UNIT 302 CAPE CANAVERAL FL 32920 24-37-14-00-500.C8740 CLARA ELIZABETH LN UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-00-500.J 8741 CLARA ELIZABETH LN UNIT 301 CAPE CANAVERAL FL 32920 24-37-14-00-500.A 8747 CLARA ELIZABETH LN UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-00-500.B8749 CLARA ELIZABETH LN UNIT 102 CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 4 Subject: Ordinance No. 19-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Portside Avenue generally known as the Portside Villas Condominium, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 20-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property Generally located on Portside Avenue and commonly referred to as the Portside Villas Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government- owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as Portside Villas Condominium. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 4 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU) Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 19-2021 2.Ordinance No. 20-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 19-2021 and Ordinance No. 20-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 19-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY LOCATED ON PORTSIDE AVENUE GENERALLY 9 KNOWN AS THE PORTSIDE VILLAS CONDOMINIUM, AND 10 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 11 EXHIBIT A ATTACHED HERETO, FROM C-1 COMMERCIALTO 12 R-2 RESIDENTIALPROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 19-2021 Page1of3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 46 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 47 of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 50 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 51 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2 52 Residential Exhibit A is attached hereto and fully incorporated herein by this reference. 53 54 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 55 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 56 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 57 58 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 59 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 60 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 61 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 62 the validity of the remaining portions of this Ordinance. 63 64 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 65 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 66 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 67 number or letter and any heading may be changed or modified as necessary to effectuate the 68 foregoing. 69 70 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 71 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 72 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 73 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 74 Agency or the Administration Commission issues a final order determining the adopted small 75 scale Comprehensive Plan Amendment is in compliance. No development orders, development 76 permits, or land use dependent on this Amendment may be issued or commenced before it has 77 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 78 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 19-2021 Page2of3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 _ , 2021. 84 85 86 87 _______________________________ 88 Bob Hoog, Mayor 89 90 ATTEST: For Against 91 92 Mike Brown _______ _______ 93 ___________________________________ 94 Mia Goforth, CMC Robert Hoog _______ _______ 95 City Clerk 96 Mickie Kellum _______ _______ 97 98 Wes Morrison _______ _______ 99 100 Angela Raymond _______ _______ 101 102 103 LPA/Planning & Zoning Board: __________ 104 First Reading: __________________ 105 Advertisement: _______________ 106 Second Reading: _________________ 107 108 109 Approved as to legal form and sufficiency 110 for the City of Cape Canaveral only by: 111 112 __________________________________ 113 Anthony A. Garganese, City Attorney 114 115 City of Cape Canaveral Ordinance No. 19-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP PORTSIDE VILLAS CONDOMINIUM 24-37-14-27-*-B.15110 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.16110 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.17 110 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.18 110 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.19110 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.20110 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.21 110 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.22 110 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.23 110 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.24 110 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 110 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.04111 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.05111 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.06111 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.07111 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.08111 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.09111 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.10111 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.11111 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.12111 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.13111 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.05 120 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.06 120 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.07 120 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.08 120 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.09 120 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.10 120 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.11 120 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.12 120 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.13 120 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.14 120 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 120 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.14121 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.15121 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.16121 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.17121 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.18121 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.19121 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.20121 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.21121 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.22121 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.23121 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 130 PORTSIDE AVE UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-27-*-A.24131 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.25131 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.26131 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.27131 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.28131 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.29131 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.30131 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.31131 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.32131 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.33131 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.94140 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.95140 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.96140 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.97140 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.98140 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.99140 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.01 140 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.02 140 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.03 140 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.04 140 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 140 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.84150 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.85150 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.86150 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.87150 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.88150 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.89150 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.90150 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.91150 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.92150 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.93150 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 150 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.34151 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.35151 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.36151 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.37151 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.38151 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.39151 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.40151 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.41151 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.42151 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.43151 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.44161 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.45161 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.46161 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.47161 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.48161 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.49161 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.50161 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.51161 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.52161 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.53161 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 161 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.74170 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.75170 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.76170 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.77170 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.78170 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.79170 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.80170 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.81170 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.82170 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.83170 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.54171 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.55171 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.56171 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.57171 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.58171 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.59171 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.60171 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.61171 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.62171 PORTSIDE AVE UNIT 204CAPE CANAVERAL FL 32920 24-37-14-27-*-A.63171 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.64180 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.65180 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.66180 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.67180 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.68180 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.69180 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.70180 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.71180 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.72180 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.73180 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 1 2 ORDINANCE NO. 20-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF SEVERAL PARCELS OF PROPERTY GENERALLY 7 LOCATED ON PORTSIDE AVENUE AND COMMONLY REFERRED 8 TO AS THE PORTSIDE VILLAS CONDOMINIUM FROM THEIR 9 RESPECTIVE CURRENT CITY C-1 LOW DENSITY COMMERCIAL 10 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM 11 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION; 12 PROVIDING THE PROPERTIES SUBJECT TO THIS ORDINANCE 13 ARE MORE PARTICULARLY DEPICTED AND LEGALLY 14 DESCRIBED ON EXHIBIT A ATTACHED HERETO; PROVIDING 15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 20 State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 24 and update of ning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 27 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 28 is incompatible with the existing residential land use pattern surrounding the subject property; 29 and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 32 Residential so that the zoning map designation is consistent with the existing residential land uses 33 and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 38 Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 20-2021 Page1of3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 28 the real properties depicted and legally described on Exhibits A which is attached and 29 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 30 Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 34 the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 20-2021 Page2of3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become effective 8 immediately upon the effective date of Ordinance 19-2021 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance 19-2021 does not become effective, then this 10 Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 ______________, 2021. 14 15 _______________________________ 16 Bob Hoog, Mayor 17 18 ATTEST: For Against 19 20 Mike Brown _______ _______ 21 ___________________________________ 22 Mia Goforth, CMC Robert Hoog _______ _______ 23 City Clerk 24 Mickie Kellum _______ _______ 25 26 Wes Morrison _______ _______ 27 28 Angela Raymond _______ _______ 29 30 Planning & Zoning Board: _____________ 31 First Reading: _________________ 32 Advertisement: _______________ 33 Second Reading: ______________ 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 __________________________________________ 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 20-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP PORTSIDE VILLAS CONDOMINIUM 24-37-14-27-*-B.15110 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.16110 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.17 110 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.18 110 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.19110 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.20110 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.21 110 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.22 110 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.23 110 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.24 110 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 110 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.04111 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.05111 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.06111 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.07111 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.08111 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.09111 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.10111 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.11111 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.12111 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.13111 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.05 120 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.06 120 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.07 120 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.08 120 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.09 120 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.10 120 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.11 120 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.12 120 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.13 120 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.14 120 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 120 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.14121 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.15121 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.16121 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.17121 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.18121 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.19121 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.20121 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.21121 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.22121 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.23121 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 130 PORTSIDE AVE UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-27-*-A.24131 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.25131 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.26131 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.27131 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.28131 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.29131 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.30131 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.31131 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.32131 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.33131 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.94140 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.95140 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.96140 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.97140 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.98140 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.99140 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.01 140 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.02 140 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.03 140 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-B.04 140 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 140 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.84150 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.85150 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.86150 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.87150 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.88150 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.89150 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.90150 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.91150 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.92150 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.93150 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 150 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.34151 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.35151 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.36151 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.37151 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.38151 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.39151 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.40151 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.41151 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.42151 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.43151 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.44161 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.45161 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.46161 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.47161 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.48161 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.49161 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.50161 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.51161 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.52161 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.53161 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.XA 161 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920 24-37-14-27-*-A.74170 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.75170 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.76170 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.77170 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.78170 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.79170 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.80170 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.81170 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.82170 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.83170 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.54171 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.55171 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.56171 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.57171 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.58171 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.59171 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.60171 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.61171 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.62171 PORTSIDE AVE UNIT 204CAPE CANAVERAL FL 32920 24-37-14-27-*-A.63171 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.64180 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.65180 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.66180 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.67180 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.68180 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.69180 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.70180 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.71180 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.72180 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920 24-37-14-27-*-A.73180 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 5 Subject: Ordinance No. 21-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominium, and more particularly depicted and 2 Residential;” legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R- providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 22-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominiums from their respective 2 Medium current City C-1 Low Density Commercial Zoning District designation to the City R- Density Residential 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government- owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as Perlas Del Mar Condominiums. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 5 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 21-2021 2.Ordinance No. 22-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 21-2021 and Ordinance No. 22-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 21-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY LOCATED ON JOE PLACE, MARIA COURT AND 9 MANNY LANE AND GENERALLY KNOWN AS THE PERLAS DEL 10 MAR CONDOMINIUM, AND MORE PARTICULARLY DEPICTED 11 AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, 12 FROM C-1 COMMERCIALTO R-2 RESIDENTIALPROVIDING 13 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 14 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE 15 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 21-2021 Page1of3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 46 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 47 of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 50 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 51 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2 52 Residential Exhibit A is attached hereto and fully incorporated herein by this reference. 53 54 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 55 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 56 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 57 58 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 59 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 60 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 61 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 62 the validity of the remaining portions of this Ordinance. 63 64 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 65 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 66 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 67 number or letter and any heading may be changed or modified as necessary to effectuate the 68 foregoing. 69 70 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 71 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 72 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 73 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 74 Agency or the Administration Commission issues a final order determining the adopted small 75 scale Comprehensive Plan Amendment is in compliance. No development orders, development 76 permits, or land use dependent on this Amendment may be issued or commenced before it has 77 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 78 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 21-2021 Page2of3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 _ , 2021. 84 85 86 87 _______________________________ 88 Bob Hoog, Mayor 89 90 ATTEST: For Against 91 92 Mike Brown _______ _______ 93 ___________________________________ 94 Mia Goforth, CMC Robert Hoog _______ _______ 95 City Clerk 96 Mickie Kellum _______ _______ 97 98 Wes Morrison _______ _______ 99 100 Angela Raymond _______ _______ 101 102 103 LPA/Planning & Zoning Board: __________ 104 First Reading: __________________ 105 Advertisement: _______________ 106 Second Reading: _________________ 107 108 109 Approved as to legal form and sufficiency 110 for the City of Cape Canaveral only by: 111 112 __________________________________ 113 Anthony A. Garganese, City Attorney 114 115 City of Cape Canaveral Ordinance No. 21-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP PERLAS DEL MAR CONDOMINIUM 24-37-14-00-510.A.XA102 JOE PL UNIT 102-110 CAPE CANAVERAL FL 32920 24-37-14-00-510.M102 JOE PL UNIT 13 CAPE CANAVERAL FL 32920 24-37-14-00-510.N104 JOE PL UNIT 14 CAPE CANAVERAL FL 32920 24-37-14-00-510.O106 JOE PL UNIT 15 CAPE CANAVERAL FL 32920 24-37-14-00-510.P108 JOE PL UNIT 16 CAPE CANAVERAL FL 32920 24-37-14-00-510.Q110 JOE PL UNIT 17 CAPE CANAVERAL FL 32920 24-37-14-00-510.V119 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 119 JOE PL UNIT 119-127 CAPE CANAVERAL FL 32920 24-37-14-00-510.W 121 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 122 JOE PL UNIT 122-128 CAPE CANAVERAL FL 32920 24-37-14-00-510.R 122 JOE PL UNIT 18 CAPE CANAVERAL FL 32920 24-37-14-00-510.X 123 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.S 124 JOE PL UNIT 19 CAPE CANAVERAL FL 32920 24-37-14-00-510.Y125 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.T 126 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.Z 127 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.U128 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-511.G131 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 131 MANNY LN UNIT 131-139 CAPE CANAVERAL FL 32920 24-37-14-00-511.H 133 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.A 134 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 134 MANNY LN UNIT 134-144 CAPE CANAVERAL FL 32920 24-37-14-00-511.I135 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.B136 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.J 137 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.C138 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.K139 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.D 140 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.E 142 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.F144 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.L 160 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 160 MANNY LN UNIT 160-164 CAPE CANAVERAL FL 32920 24-37-14-00-511.M 162 MANNY LN CAPE CANAVERAL FL32920 24-37-14-00-511.N164 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A 8406 MARIA CT UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8406 MARIA CT UNIT 8406-8416 CAPE CANAVERAL FL 32920 24-37-14-00-510.B8408 MARIA CT UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-00-510.C8410 MARIA CT UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-00-510.D 8412 MARIA CT UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-00-510.E 8414 MARIA CT UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-00-510.F8416 MARIA CT UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-00-510.G8420 MARIA CT UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8420 MARIA CT UNIT 8420-8430 CAPE CANAVERAL FL 32920 24-37-14-00-510.H 8422 MARIA CT UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-00-510.I8424 MARIA CT UNIT 9 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8425 MARIA CT UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-00-510.J 8426 MARIA CT UNIT 10 CAPE CANAVERAL FL 32920 24-37-14-00-510.K8428 MARIA CT UNIT 11 CAPE CANAVERAL FL 32920 24-37-14-00-510.L 8430 MARIA CT UNIT 12 CAPE CANAVERAL FL 32920 1 2 ORDINANCE NO. 22-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF SEVERAL PARCELS OF PROPERTY LOCATED ON 7 JOE PLACE, MARIA COURT AND MANNY LANE AND 8 GENERALLY KNOWN AS THE PERLAS DEL MAR 9 CONDOMINIUMS FROM THEIR RESPECTIVE CURRENT CITY C-1 10 LOW DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION 11 TO THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING 12 DISTRICT DESIGNATION; PROVIDING THE PROPERTIES 13 SUBJECT TO THIS ORDINANCE ARE MORE PARTICULARLY 14 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT A 15 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR 16 INCONSISTENT ORDINANCES AND RESOLUTIONS, 17 SEVERABILITY AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 21 State Constitution, to exercise any power for municipal purposes, except when expressly 22 prohibited by law; and 23 24 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 25 and update of ; and 26 27 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 28 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 29 is incompatible with the existing residential land use pattern surrounding the subject property; 30 and 31 32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 33 Residential so that the zoning map designation is consistent with the existing residential land uses 34 and/or compatible with the surrounding residential land use pattern; and 35 36 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 37 affording lands with existing residential uses a consistent residential zoning designation that will 38 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 39 Zoning District regulations; and 40 41 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and City of Cape Canaveral Ordinance No. 22-2021 Page1of3 1requirements for the City to consider arezoningof real property within the City of Cape Canaveral; 2and 3 4 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 5 have recommended approval of this Ordinance; and 6 7 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 8 hearing on the proposed zoning change set forth hereunder and considered findings and advice 9 of staff, citizens, and all interested parties submitting written and oral comments and supporting 10 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 11 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 12 and substantial evidence supports the zoning change set forth hereunder; and 13 14 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 15 government purpose and is in the best interests of the public health, safety, and welfare of the 16 citizens of Cape Canaveral, Florida. 17 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 19 ORDAINS, AS FOLLOWS: 20 21 Section 1. Recitals. The foregoing recitals are true and correct and are fully 22 incorporated herein by this reference. 23 24 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 25 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 26 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 27 the real properties depicted and legally described on Exhibits A which is attached and 28 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 29 Official Zoning Map upon the effective date of this Ordinance. 30 31 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 32 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 33 the Official Records of Brevard County, Florida. 34 35 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 36 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 37 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 38 39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 41 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion City of Cape Canaveral Ordinance No. 22-2021 Page2of3 1 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 2 the validity of the remaining portions of this Ordinance. 3 4 Section 6. Conditional Effective Date. This Ordinance shall become effective 5 immediately upon the effective date of Ordinance 21-2021 as adopted by the City Council of the 6 City of Cape Canaveral, Florida. If Ordinance 21-2021 does not become effective, then this 7 Ordinance shall become null and void. 8 9 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 10 ______________, 2021. 11 12 _______________________________ 13 Bob Hoog, Mayor 14 15 ATTEST: For Against 16 17 Mike Brown _______ _______ 18 ___________________________________ 19 Mia Goforth, CMC Robert Hoog _______ _______ 20 City Clerk 21 Mickie Kellum _______ _______ 22 23 Wes Morrison _______ _______ 24 25 Angela Raymond _______ _______ 26 27 Planning & Zoning Board: _____________ 28 First Reading: _________________ 29 Advertisement: _______________ 30 Second Reading: ______________ 31 32 Approved as to legal form and sufficiency 33 for the City of Cape Canaveral only by: 34 35 __________________________________________ 36 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 22-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP PERLAS DEL MAR CONDOMINIUM 24-37-14-00-510.A.XA102 JOE PL UNIT 102-110 CAPE CANAVERAL FL 32920 24-37-14-00-510.M102 JOE PL UNIT 13 CAPE CANAVERAL FL 32920 24-37-14-00-510.N104 JOE PL UNIT 14 CAPE CANAVERAL FL 32920 24-37-14-00-510.O106 JOE PL UNIT 15 CAPE CANAVERAL FL 32920 24-37-14-00-510.P108 JOE PL UNIT 16 CAPE CANAVERAL FL 32920 24-37-14-00-510.Q110 JOE PL UNIT 17 CAPE CANAVERAL FL 32920 24-37-14-00-510.V119 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 119 JOE PL UNIT 119-127 CAPE CANAVERAL FL 32920 24-37-14-00-510.W 121 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 122 JOE PL UNIT 122-128 CAPE CANAVERAL FL 32920 24-37-14-00-510.R 122 JOE PL UNIT 18 CAPE CANAVERAL FL 32920 24-37-14-00-510.X 123 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.S 124 JOE PL UNIT 19 CAPE CANAVERAL FL 32920 24-37-14-00-510.Y125 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.T 126 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.Z 127 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-510.U128 JOE PL CAPE CANAVERAL FL 32920 24-37-14-00-511.G131 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 131 MANNY LN UNIT 131-139 CAPE CANAVERAL FL 32920 24-37-14-00-511.H 133 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.A 134 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 134 MANNY LN UNIT 134-144 CAPE CANAVERAL FL 32920 24-37-14-00-511.I135 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.B136 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.J 137 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.C138 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.K139 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.D 140 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.E 142 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.F144 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-511.L 160 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 160 MANNY LN UNIT 160-164 CAPE CANAVERAL FL 32920 24-37-14-00-511.M 162 MANNY LN CAPE CANAVERAL FL32920 24-37-14-00-511.N164 MANNY LN CAPE CANAVERAL FL 32920 24-37-14-00-510.A 8406 MARIA CT UNIT 1 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8406 MARIA CT UNIT 8406-8416 CAPE CANAVERAL FL 32920 24-37-14-00-510.B8408 MARIA CT UNIT 2 CAPE CANAVERAL FL 32920 24-37-14-00-510.C8410 MARIA CT UNIT 3 CAPE CANAVERAL FL 32920 24-37-14-00-510.D 8412 MARIA CT UNIT 4 CAPE CANAVERAL FL 32920 24-37-14-00-510.E 8414 MARIA CT UNIT 5 CAPE CANAVERAL FL 32920 24-37-14-00-510.F8416 MARIA CT UNIT 6 CAPE CANAVERAL FL 32920 24-37-14-00-510.G8420 MARIA CT UNIT 7 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8420 MARIA CT UNIT 8420-8430 CAPE CANAVERAL FL 32920 24-37-14-00-510.H 8422 MARIA CT UNIT 8 CAPE CANAVERAL FL 32920 24-37-14-00-510.I8424 MARIA CT UNIT 9 CAPE CANAVERAL FL 32920 24-37-14-00-510.A.XA 8425 MARIA CT UNIT POOL CAPE CANAVERAL FL 32920 24-37-14-00-510.J 8426 MARIA CT UNIT 10 CAPE CANAVERAL FL 32920 24-37-14-00-510.K8428 MARIA CT UNIT 11 CAPE CANAVERAL FL 32920 24-37-14-00-510.L 8430 MARIA CT UNIT 12 CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 6 Subject: Ordinance No. 23-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located along the North and South Side and End of Oak Lane, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. and Ordinance No. 24-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of Several Parcels of Property located along the North and South Side and End of Oak Lane from their respective current City C-1 Low Density Commercial Zoning ning District designation; District designation to the City R-2 Medium Density Residential Zo 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. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government- owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, multiple properties on Oak Lane. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 6 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 23-2021 2.Ordinance No. 24-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 23-2021 and Ordinance No. 24-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 23-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDE 9 AND END OF OAK LANE, AND MORE PARTICULARLY DEPICTED 10 AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, 11 FROM C-1 COMMERCIALTO R-2 RESIDENTIALPROVIDING 12 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 13 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE 14 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. 15 16 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 17 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 18 163.3187(1)(c), Florida Statutes; and 19 20 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 21 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 22 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 23 and all interested parties submitting written and oral comments and has recommended adoption 24 to the City Council; and 25 26 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 27 hearing on the proposed amendment set forth hereunder and considered findings and advice of 28 staff, citizens, and all interested parties submitting written and oral comments and supporting 29 data and analysis, and after complete deliberation, hereby approves and adopts the 30 Comprehensive Plan Amendment set forth hereunder; and 31 32 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 33 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 34 35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 36 ORDAINS, AS FOLLOWS: 37 38 Section 1. Recitals. The foregoing recitals are true and correct and are fully 39 incorporated herein by this reference. City of Cape Canaveral Ordinance No. 23-2021 Page1of3 40 41 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 42 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 43 44 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 45 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 46 of the City of Cape Canaveral Comprehensive Plan. 47 48 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 49 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 50 the real property legally described and depicted on Exhibit A from C-1 Commercial to R-2 51 Residential Exhibit A is attached hereto and fully incorporated herein by this reference. 52 53 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 54 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 55 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 56 57 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 58 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 59 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 60 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 61 the validity of the remaining portions of this Ordinance. 62 63 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 64 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 65 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 66 number or letter and any heading may be changed or modified as necessary to effectuate the 67 foregoing. 68 69 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 70 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 71 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 72 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 73 Agency or the Administration Commission issues a final order determining the adopted small 74 scale Comprehensive Plan Amendment is in compliance. No development orders, development 75 permits, or land use dependent on this Amendment may be issued or commenced before it has 76 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 77 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 78 become a part of that plan and the Amendments shall have the legal status of the City of Cape City of Cape Canaveral Ordinance No. 23-2021 Page2of3 79 Canaveral Comprehensive Plan, as amended. 80 81 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 82 _ , 2021. 83 84 85 86 _______________________________ 87 Bob Hoog, Mayor 88 89 ATTEST: For Against 90 91 Mike Brown _______ _______ 92 ___________________________________ 93 Mia Goforth, CMC Robert Hoog _______ _______ 94 City Clerk 95 Mickie Kellum _______ _______ 96 97 Wes Morrison _______ _______ 98 99 Angela Raymond _______ _______ 100 101 102 LPA/Planning & Zoning Board: __________ 103 First Reading: __________________ 104 Advertisement: _______________ 105 Second Reading: _________________ 106 107 108 Approved as to legal form and sufficiency 109 for the City of Cape Canaveral only by: 110 111 __________________________________ 112 Anthony A. Garganese, City Attorney 113 114 City of Cape Canaveral Ordinance No. 23-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP OAK LANE 24-37-14-28-*-A.09108 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.03122 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.17123 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.02126 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.25127 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.26131 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.27135 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.10139 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.01143 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.05UNKNOWN FL 24-37-14-28-*-A.58UNKNOWN FL 24-37-14-28-*-A.11UNKNOWN FL 1 2 ORDINANCE NO. 24-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF SEVERAL PARCELS OF PROPERTY LOCATED 7 ALONG THE NORTH AND SOUTH SIDE AND END OF OAK LANE 8 FROM THEIR RESPECTIVE CURRENT CITY C-1 LOW DENSITY 9 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY 10 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT 11 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO 12 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND 13 LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO; 14 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 15 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN 16 EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 20 State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 24 and update of fficial Zoning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low 27 Density Commercial but either have inconsistent existing residential uses or the C-1 designation 28 is incompatible with the existing residential land use pattern surrounding the subject property; 29 and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 32 Residential so that the zoning map designation is consistent with the existing residential land uses 33 and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non-conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential 38 Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 24-2021 Page1of3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 28 the real properties depicted and legally described on Exhibits A which is attached and 29 incorporated herein by this reference. City staff is hereby directed to promptly amend the Citys 30 Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 34 the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 24-2021 Page2of3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become effective 8 immediately upon the effective date of Ordinance 23-2021 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance 23-2021 does not become effective, then this 10 Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 ______________, 2021. 14 15 _______________________________ 16 Bob Hoog, Mayor 17 18 ATTEST: For Against 19 20 Mike Brown _______ _______ 21 ___________________________________ 22 Mia Goforth, CMC Robert Hoog _______ _______ 23 City Clerk 24 Mickie Kellum _______ _______ 25 26 Wes Morrison _______ _______ 27 28 Angela Raymond _______ _______ 29 30 Planning & Zoning Board: _____________ 31 First Reading: _________________ 32 Advertisement: _______________ 33 Second Reading: ______________ 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 __________________________________________ 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 24-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP OAK LANE 24-37-14-28-*-A.09108 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.03122 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.17123 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.02126 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.25127 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.26131 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.27135 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.10139 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.01143 OAK LN CAPE CANAVERAL FL 32920 24-37-14-28-*-A.05UNKNOWN FL 24-37-14-28-*-A.58UNKNOWN FL 24-37-14-28-*-A.11UNKNOWN FL CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 8, 2021REGULAR MEETING · ITEM # 7 Subject: Ordinance No. 41-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City-initiated rezoning of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit “A” attached hereto from City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential 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. and Ordinance No. 42-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit “A” attached hereto, from “C-1 Commercial” to “R-2 Medium-Density Residential;” providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. Department:Community and Economic Development Summary:On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government-owned Conservation or Public/Recreation properties. Phase II will include a number of residentially developed properties that are currently zoned commercial. Specifically, property known as 8810 N. Atlantic Avenue. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City’s historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, North Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian-friendly environment. City of Cape Canaveral P&Z Board Regular Meeting · December 8, 2021 Agenda Item # 7 Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan’s Future Land Use (FLU)Element, GOAL LU-1 states that the “overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses”. As a result, there are several built-out residential subdivisions that are zoned commercial— including, but not limited to Ocean Gardens and Portside Villas, within the North Atlantic corridor. In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to “apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development”. This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land-use patterns and relationships. Attachment(s): 1.Ordinance No. 41-2021 2.Ordinance No. 42-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 41-2021 and Ordinance No. 42-2021 to the City Council. Approved by Director: David Dickey Date:11/24/2021 1 2 ORDINANCE NO. 41-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY-INITIATED 6 REZONING OF A PARCEL OF REAL PROPERTY APPROXIMATELY 7 0.30 ACRES MORE OR LESS WITH A PARCEL ID OF 24-37-14-28- 8 *-A AND AN ADDRESS OF 8810 N. ATLANTIC AVENUE, AND 9 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 10 EXHIBIT A ATTACHED HERETO FROM CITY C-1 LOW DENSITY 11 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY 12 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT 13 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO 14 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND 15 LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO; 16 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 17 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN 18 EFFECTIVE DATE. 19 20 21 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 22 State Constitution, to exercise any power for municipal purposes, except when expressly 23 prohibited by law; and 24 25 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation 26 and update of ; and 27 28 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density 29 Residential so that the zoning map designation is compatible with the surrounding residential 30 land use pattern; and 31 32 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 33 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 34 and 35 36 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 37 have recommended approval of this Ordinance; and 38 39 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public City of Cape Canaveral Ordinance No. 41-2021 Page1of3 1 hearing on the proposed zoning change set forth hereunder and considered findings and advice 2 of staff, citizens, and all interested parties submitting written and oral comments and supporting 3 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 4 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 5 and substantial evidence supports the zoning change set forth hereunder; and 6 7 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 8 government purpose and is in the best interests of the public health, safety, and welfare of the 9 citizens of Cape Canaveral, Florida. 10 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 12 ORDAINS, AS FOLLOWS: 13 14 Section 1. Recitals. The foregoing recitals are true and correct and are fully 15 incorporated herein by this reference. 16 17 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 18 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 19 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for the real 20 property depicted and legally described on Exhibits A which is attached and incorporated 21 herein by this reference. City staff is hereby directed to promptly amend the Citys Official 22 Zoning Map upon the effective date of this Ordinance. 23 24 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 25 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 26 the Official Records of Brevard County, Florida. 27 28 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 29 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 30 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 31 32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 36 the validity of the remaining portions of this Ordinance. 37 38 Section 6. Conditional Effective Date. This Ordinance shall become effective 39 immediately upon the effective date of Ordinance 1__-2021 as adopted by the City Council of the City of Cape Canaveral Ordinance No. 41-2021 Page2of3 1 City of Cape Canaveral, Florida. If Ordinance ___-2021 does not become effective, then this 2 Ordinance shall become null and void. 3 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 5 ______________, 2021. 6 7 _______________________________ 8 Bob Hoog, Mayor 9 10 ATTEST: For Against 11 12 Mike Brown _______ _______ 13 ___________________________________ 14 Mia Goforth, CMC Robert Hoog _______ _______ 15 City Clerk 16 Mickie Kellum _______ _______ 17 18 Wes Morrison _______ _______ 19 20 Angela Raymond _______ _______ 21 22 Planning & Zoning Board: _____________ 23 First Reading: _________________ 24 Advertisement: _______________ 25 Second Reading: ______________ 26 27 Approved as to legal form and sufficiency 28 for the City of Cape Canaveral only by: 29 30 __________________________________________ 31 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 41-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP Binder Property Parcel ID: 24-37-14-28-*-A 8810 N. Atlantic Avenue 1 2 ORDINANCE NO. 42-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF A PARCEL OF REAL 8 PROPERTY APPROXIMATELY 0.30 ACRES MORE OR LESS WITH 9 A PARCEL ID OF 24-37-14-28-*-A AND AN ADDRESS OF 8810 10 N. ATLANTIC AVENUE, AND MORE PARTICULARLY DEPICTED 11 AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, 12 FROM -TO R-2 MEDIUM-DENSITY 13 RESIDENTIALPROVIDING FOR THE REPEAL OF PRIOR 14 INCONSISTENT ORDINANCES AND RESOLUTIONS, 15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 16 PLAN AND AN EFFECTIVE DATE. 17 18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 20 163.3187(1)(c), Florida Statutes; and 21 22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 23 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 24 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 25 and all interested parties submitting written and oral comments and has recommended adoption 26 to the City Council; and 27 28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 29 hearing on the proposed amendment set forth hereunder and considered findings and advice of 30 staff, citizens, and all interested parties submitting written and oral comments and supporting 31 data and analysis, and after complete deliberation, hereby approves and adopts the 32 Comprehensive Plan Amendment set forth hereunder; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 36 37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 38 ORDAINS, AS FOLLOWS: 39 40 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 42-2021 Page1of3 41 incorporated herein by this reference. 42 43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 44 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 45 46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 48 of the City of Cape Canaveral Comprehensive Plan. 49 50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 52 the real property legally described and depicted on Exhibit A from C-to R-2 53 Medium Density Residential Exhibit A is attached hereto and fully incorporated herein by this 54 reference. 55 56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 57 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 58 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 59 60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 61 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 62 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 63 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 64 the validity of the remaining portions of this Ordinance. 65 66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 67 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 68 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 69 number or letter and any heading may be changed or modified as necessary to effectuate the 70 foregoing. 71 72 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 73 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 74 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 75 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 76 Agency or the Administration Commission issues a final order determining the adopted small 77 scale Comprehensive Plan Amendment is in compliance. No development orders, development 78 permits, or land use dependent on this Amendment may be issued or commenced before it has 79 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 80 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 42-2021 Page2of3 81 become a part of that plan and the Amendments shall have the legal status of the City of Cape 82 Canaveral Comprehensive Plan, as amended. 83 84 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 85___________________, 2022. 86 87 88 89 _______________________________ 90 Bob Hoog, Mayor 91 92 ATTEST: For Against 93 94 Mike Brown _______ _______ 95___________________________________ 96 Mia Goforth, CMC Robert Hoog _______ _______ 97 City Clerk 98 Mickie Kellum _______ _______ 99 100 Wes Morrison _______ _______ 101 102 Angela Raymond _______ _______ 103 104 Planning & Zoning Board: ___________ 105 First Reading: _____________ 106 Advertisement: _____________ 107 Second Reading: _____________ 108 109 110 111 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 City of Cape Canaveral Ordinance No. 42-2021 Page3of3 EXHIBIT “A” LEGAL DESCRIPTION AND MAP Binder Property Parcel ID: 24-37-14-28-*-A 8810 N. Atlantic Avenue