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CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
January 26, 2022
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 — December 8, 2021
B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
2. Ordinance No. XX-2022; An Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending of the City’s Sign Code related to feather signs; providing for the repeal
of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability
and an effective date.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If
a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by
the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk’s office \[(321) 868-1220 x207 or x206\] 48 hours in advance of the meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
DECEMBER 8, 2021
A meeting of the Planning & Zoning Board took place on December 8, 2021, at City Hall
Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Lamar Russell
called the meeting to order at 6:00 pm. The Board Secretary called the roll.
ROLL CALL
MEMBERS PRESENT
Lamar Russell Chairperson
John Price Vice Chairperson
Nancy Gentilquore Board Member
Susan Denny Board Member
Dr. Michael Miller Board Member
Steven Stroud Board Member
Eugene Thorpe Board Member
Kathy Stokes Ex-officio Board Member
OTHERS PRESENT
David Dickey Director, Community & Economic Development Director
Brenda Surprenant Senior Planner
Anthony Garganese City Attorney
Patti Roth Board Secretary
PUBLIC PARTICIPATION
None
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
1. Approval of Meeting Minutes: October 13, 2021 – Motion to accept the minutes as
written, made by Vice Chairman Mr. Price and seconded by Board Member Mr. Stroud. Vote on
the motion carried unanimously.
B. Comprehensive Plan Amendments (Legislative – Public Hearings):
Ms. Surprenant gave an overview and background of some of the properties that are
currently zoned Commercial (C-1), and the proposed rezoning to Residential (R-2). It was almost
a year ago to the date from Phase I was presented, which included Conservation, and Public
Planning & Zoning
Meeting Minutes
Page 2
and Recreation facilities. The overall project goal is to re-zone non-conforming properties along
North Atlantic and along SR A1A in the southern part of the City to include several outliers that
are vacant or unimproved within those areas. Most of these properties already have a residential
structure on them but are zoned Commercial C-1. Ms. Surprenant went through a brief history
of the City zoning maps and showed how we got where we are today. She shared a zoning map
dating back to 1964 and although the colors will change from map to map, the N. Atlantic
corridor has been commercial. The non-conforming properties are a result of past zoning maps
that remained unchanged, and changes to the city code in 2016, when a special exception for
residential was removed from uses in the C-1. The City had already started to develop through
the years allowing residential in a commercial zoning district, thus the reason for the rezoning
project. At last count, there are approximately 700 nonconforming properties in the City. Phase
II, includes 7 specific properties: Ocean Gardens, Sea Spray Townhomes, Canaveral Woods
Condominium, Portside Villas Condominium, Perlas Del Mar Condominium, Oak Lane, and a
vacant outlier property located at 8810 N. Atlantic Ave. Two ordinances are proposed for each
property, one to rezone the property and one to amend the Future Land Use Map.
After discussion the following motions were made for each Ordinance:
Ocean Gardens – Rezoning and Future Land Use Map Amendment
A motion was made by Board Member Gentilquore and seconded by Vice Chairman Price
to recommend approval of Ordinance 13-2021 to the City Council. Vote on the motion
carried unanimously.
A motion was made by Board Member Stroud and seconded by Board Member Miller to
recommend approval of Ordinance 14-2021 to the City Council. Vote on the motion carried
unanimously.
Sea Spray Townhomes – Rezoning and Future Land Use Map Amendment
A motion was made by Board Member Miller and seconded by Board Member Gentilquore
to recommend approval of Ordinance 15-2021 to the City Council. Vote on the motion
carried unanimously.
A motion was made by Board Member Denny and seconded by Vice Chairman Mr. Price
to recommend approval of Ordinance 16-2021 to the City Council. Vote on the motion
carried unanimously.
Canaveral Woods Condominium – Rezoning and Future Land Use Map Amendment
A motion was made by Board Member Miller and seconded by Board Member Gentilquore
to recommend approval of Ordinance 17-2021 to the City Council. Vote on the motion
carried unanimously.
Planning & Zoning
Meeting Minutes
Page 3
A motion was made by Board Member Stroud and seconded Board Member Denny to
recommend approval of Ordinance 18-2021 to the City Council. Vote on the motion carried
unanimously.
Portside Villas Condominium – Rezoning and Future Land Use Map Amendment
A motion was made by Board Member Miller and seconded by Board Member Denny to
recommend approval of Ordinance 19-2021 to the City Council. Vote on the motion carried
unanimously.
A motion was made by Vice Chairperson Price and seconded Board Member Stroud to
recommend approval of Ordinance 20-2021 to the City Council. Vote on the motion carried
unanimously.
Perlas Del Mar Condominium – Rezoning and Future Land Use Map Amendment
A motion was made by Board Member Miller and seconded by Board Member Denny to
recommend approval of Ordinance 21-2021 to the City Council. Vote on the motion carried
unanimously.
A motion was made by Vice Chairperson Price and seconded Board Member Gentilquore
to recommend approval of Ordinance 22-2021 to the City Council. Vote on the motion
carried unanimously.
Oak Lane – Rezoning and Future Land Use Map Amendment
Don Haynes was present to discuss the zoning changes with the Board. He is the owner of
property located at 143 Oak Lane. Mr. Haynes explained to the Board that all the other
properties have units placed on them. His property is vacant and he thought it was a gift when
he was allowed to come into the Economic Opportunity Overlay District because it gave him
the opportunity to go to 65 feet in height. If the rezoning is passed, it would take him down to
25 feet. He provided a site plan to the board with his proposed development concept.
Discussion ensued and the main issue is compatibility. Staff communicated that if Mr. Haynes’
zoning remained C-1, then he would not be able to build residential units. The EOOD only gives
him the opportunity for increased height.
A motion was made by Board Member Stroud and seconded by Vice Chairperson Price to
recommend approval of Ordinance 23-2021 to the City Council. Vote on the motion carried
unanimously.
Planning & Zoning
Meeting Minutes
Page 4
A motion was made by Vice Chairperson Price and seconded by Board Member
Gentilquore to recommend approval of Ordinance 24-2021 to the City Council. Vote on the
motion carried unanimously.
8810 N. Atlantic Ave (Binder)
This property is considered an outlier because it is vacant. Ordinance 42-2021 was
considered first since it included the future land use map amendment.
A motion was made by Board Member Stroud and seconded by Vice Chairperson Price to
recommend approval of Ordinance 42-2021 to the City Council. Vote on the motion carried
unanimously.
A motion was made by Vice Chairperson Price and seconded by Board Member Miller to
recommend approval of Ordinance 41-2021 to the City Council. Vote on the motion carried
unanimously.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT
A motion was made by Board Member Miller and seconded by Board Member Denny to
adjourn. The meeting adjourned at 7:08 PM.
Approved on this __________________________________ day of _________________________________, 2022
______________________________________________________
Lamar Russell
_______________________________________________
Patti Roth
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
January 26, 2022REGULAR MEETING · ITEM #
Subject: Ordinance No. XX-2022; amending of the City’s Sign Code related to Feather Flags;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date.
Department:Community and Economic Development
Summary: At its June 15, 2021 Regular Meeting, City Council approved Resolution No. 2021-06,
which repealed Resolution No. 2020-09 which previously declared a Civil Emergency related to
COVID-19 (Emergency). One of the results of this action was to rescind the authorization on the
temporary use of feather flags and snipe signs by City businesses during the Emergency.
However, at its July 20, 2021 Regular Meeting, the Council further discussed a need for the
continued use of feather flags which led to the approval of Resolution No. 2021-10 (Attachment 1)
which temporarily suspended the prohibition on the use of feather flags for property zoned C-1, C-
2, and M-1. In addition, the Resolution requested that the City’s Planning and Zoning (P&Z) Board
make a recommendation to the Council regarding whether or not to modify the City’s sign code to
allow for the use of feather flags on a permanent basis.
Until such time the Council may adopt regulations for the permanent use of feather flags,
Resolution No. 2021-10 promulgated the following conditions for the temporary use of feather
flags:
In addition to the temporary on-premises signs permitted under Section 94-76 of the City
Code, one temporary on-premises feather flag is allowed for every 150 linear feet of
property frontage, or portion thereof unless additional signage in authorized and required
by state or federal law. Individual tenant spaces occupied by a business located on a
property shall be permitted one such feather flag for each separate business, regardless of
the linear feet of property frontage so that each business operating in separate space on
the property is afforded an equal opportunity to install one feather flag. Feather flags must
also comply with the following:
1.Shall only be displayed during the operational hours of the subject business, and shall be
removed and installed inside a building when the business is not in operation.
2.Shall be structurally secured or weighted to resist movement while on display.
3.Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas.
4.Minimums setbacks for any part of the temporary feather flag structure shall be a
minimum of two feet from any right-of-way.
5.No part of any temporary feather flag shall be placed within the right-of-way or within
the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic
safety. No part of any temporary feather flag shall be located so as to reduce any required
parking area. No part of any temporary feather flag shall be located in such a way that it
restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary
feather flags shall be removed and brought inside a building when there are storm
warnings so as not to become a hazard during a storm event.
City of Cape Canaveral P&Z Board
Regular Meeting · January 26, 2022
Agenda Item # 4
Page 2 of 2
6.Shall be freestanding and shall not rely on any support that is nor a part of the feather
flag.
In furtherance of the Council’s direction, the City Attorney has prepared Ordinance No. XX-2022 for
the P&Z Board’s consideration. Notable items contained within the Ordinance include:
Establishes a definition of a Feather Flag.
Authorizes the use of a feather flag subject to the following requirements:
1.Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
portion thereof unless additional signage is authorized and required by state or federal
law. Individual tenant spaces occupied by a separate and independent business located
on a property shall be permitted one such feather sign for each business, regardless of
the linear feet of property frontage so that each business operating in separate space on
the property is afforded an equal opportunity to install one feather sign.
2.Shall not exceed one sign area per mounting pole that is no greater than twelve (12)
square feet in area and shall not exceed eight (8) feet in height from grade.
3.Shall only be displayed during the operational hours of the subject business or event, and
shall be removed and installed inside a building when the business or event is not in
operation.
4.Shall be securely attached to a free standing and removable mounting pole designed to
specifically hold the feather sign and which is substantially secured to the ground and
weighted to resist movement while the feather sign is on display.
5.Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas.
6.Minimum setbacks for any part of the feather sign structure shall be a minimum of five (5)
feet from any right-of-way.
7.Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
monument sign.
8.Shall not interfere with or obstruct the visibility of a traffic control device.
9.Shall not be placed within the right-of-way or within the visibility triangle or in any way
which impedes pedestrian and/or vehicular traffic safety.
10.Shall not restrict or obstruct a pedestrian way and/or sidewalk.
11.Shall be removed and brought inside a building when there are storm warnings so as not
to become a hazard during a storm event.
12.The use of consistent size and shape of a feather sign is required when more than one
sign is permitted on a particular property.
Attachments:
1.Resolution No. 2021-10
2.Ordinance No. 02-2022
Community and Economic Development Staff recommend the Board take the following
action: Make a recommendation to the City Council on proposed Ordinance No. XX-2022.
Approved by Director: David Dickey Date:
1 ORDINANCE NO. ____-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly authorize feather flags as a permitted
18 type of sign under the terms and conditions stated herein in an attempt to strike an appropriate
19 balance within the City of Cape Canaveral between economic development and mitigating against
20 adverse impacts on community aesthetics caused by sign clutter, traffic hazards and other
21 potential public nuisances; and
22
23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
25 Cape Canaveral.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
32
33 Section 2. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
34 Ordinances, Chapter 94 Signs is hereby amended as set forth below (underlined type indicates
35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
36 of said Chapter that shall remain unchanged in the City Code):
37
38
CHAPTER 94 - SIGNS
39
40 ARTICLE I. IN GENERAL
41
City of Cape Canaveral
Ordinance No. ___-2022
Page 1 of 6
1 Sec. 94-1. - Definitions.
2
3 The following words, terms and phrases, when used in this chapter, shall have the meanings
4 ascribed to them in this section, except where the context clearly indicates a different meaning:
5
6 ***
7 Feather Sign means a vertical portable sign made from tear-resistant polyester material or
8 a similar lightweight non-rigid material which does not rely on a building or fixed foundation for
9 its structural support and is typically supported with a base or stand on the ground and driven
10 into the ground for support, and can be easily carried or transported. This definition does not
11 include a banner sign.
12
13 ***
14 Sec. 94-6. Prohibited signs and features.
15
16 The following signs and features are strictly prohibited:
17 ***
18 (gg) Feather signs except as authorized by section 94-86.
19
20 ***
21
22
23
24
25
26
27
Table 94-96-1 District Restrictions
Type of R-1 R-2 R-3 C-1, C-2 & M-Pub/Rec
Sign 1
Temporary Per section Per section Per section Per section Per section
On-94-76 94-76 94-76 94-76 94-76
Premises
Sign
Temporary Per section Per section Per section Per section Per section
Off-94-81 94-81 94-81 94-81 94-76
Premises
Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f. 32 s.f.
Sign
Max. 4' 4' 4' 8' 8'
height
Home Max. no. 1 1 1 1 N/A
Occupation
Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. N/A
Ground Max. no. Prohibited 1 per street 1 per street 1 per street 1 per street
frontage/per frontage/per frontage frontage/per
City of Cape Canaveral
Ordinance No. ___-2022
Page 2 of 6
access access access
entrance; entrance; entrance;
max. 2 signs max. 2 signs max. 2 signs
Max area 32 s.f. 32 s.f. One s.f. per One s.f. per
linear ft. of linear ft. of
property property
frontage up frontage up
to a max. of to a max. of
150 s.f. 150 s.f.
Max. 8' 8' 20' 20'
height
Max. 25' 25' 25' 25'
width
Wall Max. no. Prohibited 1 1 2 per 2 per
storefront or structure
structure,
provided
each
structure is a
separate
business
Max. area One s.f. per One s.f. per Parallel to Parallel to
linear foot linear foot street, 15% of street, 15% of
of building of building wall height wall height
wall that the wall that the (x) wall width (x) wall width
sign is on sign is on of wall that of wall that
sign is sign is
located on; located on;
max. 160 s.f. max. 160 s.f.
Perpendicular Perpendicular
to street, to street,
15% of wall 15% of wall
height (x) height (x)
wall width of wall width of
wall that sign wall that sign
is located on; is located on;
max. 128 s.f. max. 128 s.f.
Electronic Max. no. n/a n/a n/a Per section Per section
Signs 94-78 94-78
Max. area. n/a n/a n/a 32 sq. ft. 32 sq. ft.
Wall Mural Prohibited Prohibited Prohibited Prohibited Prohibited
unless unless unless unless
approved approved approved per approved per
per section per section section 94-section 94-
94-6(g) 94-6(g) 6(g) 6(g)
City of Cape Canaveral
Ordinance No. ___-2022
Page 3 of 6
Feather ProhibitedProhibitedProhibitedPer sec. 94-Per sec. 94-
sign8686
1
2 ***
3 Sec. 94-86 Feather Signs.
4
5 Feather signs approved under this chapter must comply with the following requirements:
6 (1) Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
7 portion thereof unless additional signage is authorized and required by state or federal
8 law. Individual tenant spaces occupied by a separate and independent business located
9 on a property shall be permitted one such feather sign for each business, regardless of the
10 linear feet of property frontage so that each business operating in separate space on the
11 property is afforded an equal opportunity to install one feather sign.
12 (2) Shall not exceed one sign area per mounting pole that is no greater than twelve (12) square
13 feet in area and shall not exceed eight (8) feet in height from grade.
14 (3) Shall only be displayed during the operational hours of the subject business or event, and
15 shall be removed and installed inside a building when the business or event is not in
16 operation.
17 (4) Shall be securely attached to a free standing and removable mounting pole designed to
18 specifically hold the feather sign and which is substantially secured to the ground and
19 weighted to resist movement while the feather sign is on display.
20 (5) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
21 areas.
22 (6) Minimum setbacks for any part of the feather sign structure shall be a minimum of five (5)
23 feet from any right-of-way.
24 (7) Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
25 monument sign.
26 (8) Shall not interfere with or obstruct the visibility of a traffic control device.
27 (9) Shall not be placed within the right-of-way or within the visibility triangle or in any way
28 which impedes pedestrian and/or vehicular traffic safety..
29 (10) Shall not restrict or obstruct a pedestrian way and/or sidewalk.
30 (11) Shall be removed and brought inside a building when there are storm warnings so as not
31 to become a hazard during a storm event.
32 (12) The use of consistent size and shape of a feather sign is required when more than one
33 sign is permitted on a particular property.
34 {Ļĭƭ͵ ВЍΏБАЏВЍΏВЎ͵ wĻƭĻƩǝĻķ͵
35
36 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
37 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
38 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. ___-2022
Page 4 of 6
1
2 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
3 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
4 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
5 and like errors may be corrected and additions, alterations, and omissions, not affecting the
6 construction or meaning of this ordinance and the City Code may be freely made.
7
8 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
13
14 Section 6. Effective Date. This Ordinance shall become effective immediately upon
15 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
16 Charter.
17
18 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
19 of ______________, 2022.
20
21 _______________________________
22 Wes Morrison, Mayor
23
24 ATTEST:
25
26 For Against
27 ___________________________________
28 Mia Goforth, CMC Kim Davis _______ _______
29 City Clerk
30 Mickie Kellum _______ _______
31
32 Wes Morrison _______ _______
33
34 Angela Raymond _______ _______
35
36 Don Willis _______ _______
37
38 Planning & Zoning Board: _______________
39 First Reading: ________________
40 Advertisement: _______________
41 Second Reading: ______________
42
City of Cape Canaveral
Ordinance No. ___-2022
Page 5 of 6
1 Approved as to legal form and sufficiency
2 for the City of Cape Canaveral only by:
3
4 __________________________________________
5 Anthony A. Garganese, City Attorney
6
City of Cape Canaveral
Ordinance No. ___-2022
Page 6 of 6