HomeMy WebLinkAboutcocc_council_mtg_packet_20220118_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 18, 2022
6:00 P.M.
For those that cannot attend the Meeting and wish to submit a public comment:
Email your comment to CityClerk@CityofCapeCanaveral.org by noon the day of the Meeting.
To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the
agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding
public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit
their comments to three (3) minutes. The City Council will not take any action under the "Public
Participation" section of the agenda. The Council may schedule items not on the agenda as regular items
and act upon them in the future.
PRESENTATIONS/INTERVIEWS 1 6:15 p.m. - 6:30 p.m.
Interview Applicant for appointment to the Culture and Leisure Services Board. (Mike Truitt)
Presentation to the Financial Services Department of The Certificate of Achievement for Excellence
in Financial Reporting Fiscal Year ending September 30, 2020.
Presentation of Proclamation, declaring the week first week of February 2022 as "Sustainability
Week" in the City of Cape Canaveral, to Community and Economic Development Deputy Director
and Sustainability Manager Zachary Eichholz.
CONSENT AGENDA 16:30 p.m. - 6:35 p.m.
1. Approve Minutes for December 7, 2021 Special City Council Meeting and December 21,
2021 Regular City Council Meeting.
PUBLIC HEARINGS 1 6:35 p.m. - 7:50 p.m.
2. Ordinance No. 01-2022; authorizing the short term lease of office space to any existing
tenant(s) of the building located at 7404 N. Atlantic Avenue, Cape Canaveral, Florida
("Property") upon such time the City acquires the property in accordance with the
pending Contract for Purchase and Sale; providing that the City Council may approve a
written lease with such tenant(s) in accordance with the terms and conditions required
by this Ordinance; providing for the repeal of prior inconsistent ordinances and
resolutions, severability and a conditional effective date; second reading.
3. Ordinance No. 13-2021; 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 18, 2022
Agenda • Page 2 of 4
resolutions, severability, incorporation into the Comprehensive Plan and an effective
date, first reading; and
Ordinance No. 14-2021; 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; providing for the repeal of prior inconsistent ordinances
and resolutions, severability and an effective date, first reading.
4. Ordinance No. 15-2021; 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, first reading; and
Ordinance No. 16-2021; 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, first
reading.
5. Ordinance No. 17-2021; 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, first reading; and
Ordinance No. 18-2021; 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, first
reading.
6. Ordinance No. 19-2021; 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 18, 2022
Agenda • Page 3 of 4
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and
an effective date, first reading; and
Ordinance No. 20-2021; 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, first
reading.
7. Ordinance No. 21-2021; 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, first reading; and
Ordinance No. 22-2021; 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, first
reading.
8. Ordinance No. 23-2021; 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, first reading; and
Ordinance No. 24-2021; 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, first reading.
9. Ordinance No. 42-2021; 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 18, 2022
Agenda • Page 4 of 4
for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation
into the Comprehensive Plan and an effective date, first reading; and
Ordinance No. 41-2021; 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, first reading.
ITEMS FOR DISCUSSION 1 7:50 p.m. - 8:20 p.m.
10. Compensation for the City's elected officials. (Postponed at the 72/27/27 Regular Mtg)
11. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond)
12. Updating Resolution No. 2019-01 and consider adding the Council's opposition to the
proposed SR A1A Roundabout (FPID #430202-5). (Submitted by Mayor Morrison)
INFORMATIONAL 1 8:20 p.m. - 8:30 p.m.
Items are presented for informational purposes only and no action will be taken.
13. ProChamps Update.
14. Monthly Financial Report — November 2021.
REPORTS 1 8:30 p.m. - 8:40 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Culture and Leisure Services Board. (Mike
Truitt)
Department: Leisure Services, Cultural + Community Affairs
Summary: The Culture and Leisure Services Board (CLSB) is an advisory board to the City Council
and consists of seven members. Mr. Truitt is a resident of Cape and meets minimum
qualification requirements for CLSB membership (Attachment #1).
Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve
on a board or committee of the City shall complete interviews with the Board or Committee on
which the person is seeking appointment and with the City Council.
Mr. Truitt was scheduled to appear at the December 21, 2021 meetting, but an unexpected
scheduling conflict appeared precluding him from attending that meeting. Based on the Applicants'
interest and positive recommendation from the CLSB at its September 30, 2021 meeting
(Attachment #3), it is recommended Council interview Mr. Truitt.
Although Mr. Truitt was not interviewed on December 21, 2021 as planned, Resolution No. 2021-22,
appointing Members to the CLSB, was adopted as written. Post-Interview, Council may, at its
discretion, choose to simply welcome Mr. Truitt aboard as a Member of the CLSB, or revise the
prior -adopted Resolution to rescind the appointment.
Submitting Department Director: Molly Thomas Date: 01/11/22
Attachments:
1. Board Application: Mike Truitt
2. CLSB Recommendation Memo
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/22
The City Manager recommends the City Council take the following action:
Interview Mr. Truitt.
Approved by City Manager: Todd Morley Date: 01/11/22
Attachment 1
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral FL 32920-0326
Phone (321) 868-1220 — Fax (321) 868-1248
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony,
unless their civil rights have been restored.
Please complete the following in the space provided:
GENERAL
Applicant Name: Mike Truitt
Home Address: 221 Jefferson Ave
Phone Number: 321-347-9990
Occupation: Self Employed
Business Phone:
Business Address:
Email: Arcotrans@icloud. com
ELEGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve on
a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? ® Yes 0 No
2.. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X Yes 0 No
3. Are you a Business owner? 0 Yes X No
a. If yes, please list the name:
4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction?
Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question.
❑ Yes 0 No
a. If yes, have your civil rights been restored? 0 Yes ® No
5. Do you presently serve on any other City of Cape Canaveral advisory board or committee?
X Yes ❑No
a. If yes, please list each: Leisure Services Umpire
6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily
consent to a standard criminal background check before being appointed to a board or committee. Do
you voluntarily consent to having a standard background check performed on you by the City of Cape
Canaveral? X Yes 0 No
Initials: MT
7. Are you related to a City of Cape Canaveral Council member by blood,adoption, or marriage?
❑ Yes X No
a. If yes, please provide name(s) of person(s) and relationship to you:
City of Cape Canaveral Advisory Board Application Pg. 1
INTEREST/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee: Having a voice in
decision making, and -serving the community.
2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve:
a. 4
b. 5
c. 2
d. 1
e. 6
f. 3
Board of Adjustment*
Business and Economic Development Board
Community Appearance Board
Culture and Leisure Services Board
Library Board
Planning and Zoning Board*
Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you
feel help to qualify you formembership on the desired board or committee.
LT Officer Firefighter, ex Fire Pervention Officer, ex EMT, ex CPR insructor, ex High Angle Resuce Certification
STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Race: 0 African American Gender: E Male
❑ Asian American ❑ Female
❑ Hispanic American 0 Other
O Caucasian
❑ Other Disability: .❑ Physically Disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT
THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,
AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS
[SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION
286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY
ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY
TO COMPLY WITH SUCH LAWS.
City of Cape Canaveral Advisory Board Application Pg. 2
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview before the
City Council at a regularly scheduled meeting.
• Your application will remain effective for three years from date of submission.
• If you should have any questions regarding the completion of this application, please contact the City
Clerk's Office at (321) 868-1220 ext. 206 or 207.
Signature: Date: 07-09-2021
Please return to: City of Cape Canaveral
Office of the City Clerk
P.O. Box 326
Cape Canaveral Florida 32920
07-09-2021 :
OFFICE USE ONLY
RECEIVED
AUG 09 2021
By:
CCO DL 2:30p
Enter Date & Time Received
City of Cape Canaveral Advisory Board Application Pg. 3
Attachment 2
Memo
Cultural + Community Affairs
TO: City Council
VIA: Todd Morley, City Manager
FROM: Molly Thomas, Cultural + Community Affairs Director
DATE: December 8, 2021
RE: Recommendation to the City Council — Culture + Leisure Services Board
At its September 30, 2021 Culture and Leisure Services Board Meeting, the Board interviewed
Mike Truitt and Angela Trulock to fill two vacancies on the Board. Based on both applicants'
interviews and willingness to be engaged participants in the City of Cape Canaveral, the Board
unanimously recommended these applicants to fill two of the vacancies on the Board.
Please let me know if you have any questions. Thank you.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation to the Financial Services Department of the Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2020.
Department: Legislative
Summary: The Government Finance Officers Association (GFOA) has recognized the Financial
Services Department for excellence in Financial Reporting by awarding "The Certificate of
Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report
(CAFR). The Certificate of Achievement is the highest form of recognition in the area of
governmental accounting and financial reporting, and its attainment represents a significant
accomplishment by a government and its management.
The City CAFR is a complete set of financial statements issued by a government entity in accordance
with the requirements of the Governmental Accounting Standards Board. This report is comprised
of the introductory, financial, and statistical sections. The CAFR describes what was spent by the
reporting entity during the past year, as well as the ending state of its assets and liabilities. The
report is a summarization of all of the annual reports of the entity's agencies. The report is issued
by state, municipal, and other government entities. The CAFR was judged by an impartial panel to
meet the highest standards of the program including demonstrating a constructive "spirit of full
disclosure" to clearly communicate its financial story and motivate potential users and user groups
to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500
government finance professionals.
This is the 25th consecutive year that the City of Cape Canaveral's Financial Services Department
has received this prestigious award for excellence in financial reporting. The award exemplifies the
dedication, knowledge and professionalism of the Financial Services Department Staff.
Submitting Council Member: Mayor Wes Morrison Date: 01/05 /22
Attachment: GFOA News Release
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/05 /22
The City Manager recommends the City Council take the following action:
Recognize the Financial Services Department with the Certificate of Achievement for Excellence in
Financial Reporting.
Approved by City Manager: Todd Morley Date: 01/05 /22
GFOA
GOVERNMENT FINANCE OFFICERS ASSOCIATION
NEWS RELEASE
FOR IMMEDIATE RELEASE
11/5/2021
For more information contact:
Michele Mark Levine, Director/TSC
Phone: (312) 977-9700
Fax: (312) 977-4806
Email: mlevine@gfoa.org
(Chicago, Illinois) —Government Finance Officers Association of the United States and Canada (GFOA) has
awarded the Certificate of Achievement for Excellence in Financial Reporting to City of Cape Canaveral for
its annual comprehensive financial report for the fiscal year ended September 30, 2020. The report has been
judged by an impartial panel to meet the high standards of the program, which includes demonstrating a
constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and
user groups to read the report.
The Certificate of Achievement is' the highest form of recognition in the area of governmental accounting and
financial reporting, and its attainment represents a significant accomplishment by a government and its
management.
Government Finance Officers Association (GFOA) advances excellence in government finance by providing best
practices, professional development, resources, and practical research for more than 21,000 members and the
communities they serve.
203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation, declaring the first of week February 2022 as "Sustainability
Week" in the City of Cape Canaveral, to Community and Economic Development Deputy Director
and Sustainability Manager Zachary Eichholz.
Department: Legislative
Summary: In an effort to protect residents both now and in the future from increasing
environmental challenges, set an example for coastal municipalities in Florida and across the nation,
and in keeping with the tenets of its guiding Vision Statement, the City of Cape Canaveral continues
to implement numerous sustainability and resilience -based initiatives. The City is committed to
delivering policies that are effective, efficient, and forward thinking; taking into consideration the
latest in cost -saving sustainable development, clean energy, and zero -emissions technologies.
Sustainability Week in the City of Cape Canaveral is to be a celebration of the community's unique
natural beauty, local environmental stewardship and is to act as a showcase helping to highlight
the City's ongoing environmental projects. The first week of February was chosen to celebrate
Sustainability Week as it coincidences with the City's annual Sea Oat Planting event, one of Cape
Canaveral's most successful community outreach programs.
Present this evening to accept the Proclamation is Deputy Community and Economic Development
Director and Sustainability Manager Zachary Eichholz.
Submitted by: Mayor Wes Morrison Date: 01/11/22
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo , Date: 01/11/22
The City Manager recommends the City Council take the following action:
Present Proclamation.
Approved by City Manager: Todd Morley Date: 01/11/22
Official.
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, the City of Cape Canaveral's surrounding natural environment, the ecosystem, and
unique beauty it affords are the foundation of our community; and
WHEREAS, the planet's environment is currently facing numerous perils from human -related
activities that must be addressed, including a loss of biodiversity, excessive waste, extreme weather, ocean
acidification and sea level rise; and
WHEREAS, these threats are also impacting local ecosystems such as the fragile Indian River
Lagoon and the Atlantic Ocean and risk the socio-economic prosperity of residents and business owners
and
WHEREAS, the 2016 Indian River Lagoon Economic Valuation Update provided by the East Central
Florida Regional Planning Council and the Treasure Coast Regional Planning Council estimated the total
annual economic output of the lagoon in 2014 was well over $7 billion, helps to employ tens of thousands
of local residents and is home to thousands of species; and
WHEREAS, according to a 2018 report by the National Institute of Building Sciences, for every $1
spent on disaster resiliency -based mitigation projects, such as improving stormwater management systems
or strengthening buildings against flooding, an average of $6 is saved on future relief costs; and
WHEREAS, according to a 2019 report from the Coalition for Urban Transitions, it is estimated that
investment in low carbon technologies and measures to reduce environmental impacts within cities could
cut global urban pollutant emissions by 90% by 2050 and would save $24 trillion; and
WHEREAS, the City of Cape Canaveral is committed to the preservation of our environment and is
actively implementing common sense solutions to address environmental, economic, and public needs,
challenges and opportunities; and
WHEREAS, mirroring the innovative push of the early American space program, the City of Cape
Canaveral will lead by example and becoming a role model for coastal municipalities across the nation and
the world as it utilizes the latest in green design, technology and clean energy to mitigate climate -related
risks and become Future -Ready; and
WHEREAS, the City of Cape Canaveral will continue to support and expand initiatives that enhance
sustainability and resiliency in order to improve the safety, security and wellbeing of residents both now
and in the future.
NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida,
do hereby proclaim the first full week of February 2022 as:
SUSTAINABILITY WEEK
in the City of Cape Canaveral to encourage environmental awareness, outreach and stewardship among
residents, business owners and visitors.
Signed and Sealed this Day of __________ ,__________
____________ Mayor
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
December 7, 2021
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Community and Economic Dev. Director
Capital Projects Director
Cultural + Community Affairs Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to the City Manager
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Dave Dickey
Jeff Ratliff
Molly Thomas
Gustavo Vergara
James Moore
Daniel LeFever
Lisa Day
Scott Molyneaux
PUBLIC PARTICIPATION: Mike Corrigan, property owner, requested the City Council address an
alleged failure of the Brevard County Sheriff's Office to enforce trespassing law on private property
by Florida Power and Light. City Manager Morley stated he would follow up with Canaveral
Precinct Commander Keck regarding the issue.
ITEM FOR ACTION:
1. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities:
City Manager Morley explained the Item: Discussion ensued and included an appropriate
nominating process, Council Members interested to serve, the importance of attendance and
commitment to participate, Mayor Emeritus Randels' statement in favor of a willing Council
Member serve as the Alternate, and Florida League of Cities critical legislative issues such as Home
Rule. Council reached consensus to use ballots for voting. Mayor Morrison called for the
Council to use nomination forms for the Voting Delegate/Director and Alternate. City Attorney
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • December 7, 2021
Minutes • Page 2 of 4
Garganese announced five (5) votes in favor of Council Member Raymond to serve as the Voting
Delegate and four (4) votes for Mayor Pro Tem Kellum to serve as the Alternate. A motion was
made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to appoint Council
Member Raymond as the Voting Delegate/Director and Mayor Pro Tem Kellum as the
Alternate to the Space Coast League of Cities. The motion carried 5-0.
ITEMS FOR DISCUSSION:
2. Implementation of the ProChamps online platform: City Manager Morley explained the
Item. Mike Baldwin, ProChamps Senior Solutions Architect, presented a Program Overview to the
City Council. Discussion ensued and included ProChamps aggregated data, ProChamps telephone
hotline and anonymous complaints, call center service located in the Midwest, twenty unique
properties renting below the seven-day minimum, the short-term rental property registration
program and process, correction to the online form related to anonymous complaints, long
telephone hold times, ProChamps' purpose in gathering three-month's worth of data to confirm
identification of a possible violation and Code Enforcement will use the data to build cases for the
Special Magistrate after first notifying/working with potential violators. City Manager Morley
stated Staff is under a standing order to distribute courtesy notices prior to issuing any notices of
violation. Discussion ensued regarding timing of courtesy notices, notices of violation, the Special
Magistrate's thirty -day schedule, and request to update the Council at its December 21, 2021
Regular Meeting. Rocky Randels, resident and Mayor Emeritus, discussed the seriousness of the
Item and how the issue can destroy a small community, commended Mr. Baldwin and the Council,
and pointed out the City is the first in the State to accomplish such a task. Council reached
consensus to receive an update Summary Item with no action to be taken at the Regular
City Council Meeting of December 21, 2021. Kay Jackson, property manager, discussed
concerns regarding thirty -day minimum rentals in certain zones, grandfathered properties and
difficulties in scheduling rentals for those in need of accommodations for less than the 7-days.
Mayor Morrison stated he would forward an email he received from Ms. Jackson to the Council
and Staff to get her questions answered. City Manager Morley explained the Code of Ordinances
does not support a thirty -day minimum in any zoning district, adding the City Code only supports
a seven-day minimum in residential districts.
Mayor Morrison recessed the meeting at 7:24 p.m. The meeting was reconvened at 7:37 p.m.
3. Review of proposed purchase of 7404 North Atlantic Avenue (Civic Hub project f/k/a
The Promenade): City Manager Morley reviewed the Item and the choice of actions before
Council. Discussion ensued and included pros and cons of walking away from purchasing the
property and the Project, the potential repercussions related to the City's ability to obtain project
funding in the future and potential costs of paying back the loan. Jeff Larson, Larson Consulting
Services, answered questions and discussed his company will not charge a fee for prepayment of
the Loan but could not speak on behalf of the Bond Counsel, Bank Counsel or the City Attorney.
Financial Services Director DeLeo discussed the importance of City relationships to banks and
unknown, potential future financial risk should the City prepay this loan. Discussion continued
regarding potential negative impacts going forward or not on the Loan and the Project, the City's
legal right to pay off the Loan, unforeseen impacts related to taxes, using CRA funds for
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • December 7, 2021
Minutes • Page 3 of 4
streetlights and sidewalks, opinions the Project was rushed through and should have been
workshopped, opposition to and support for the Project, the need for Council to make good
business decisions for the future, previous Council initiatives supporting a complete City campus,
City Visioning in 2009, 2012 Redevelopment Plan, community support for more greenspace in
2018 survey and Mayor Morrison's Facebook posts encouraging people to participate. Mayor
Morrison requested Council Member Davis submit the Facebook post copies into the public
record. Dr. Shannon Roberts, resident, expressed support for the Project, reminded Council of the
six Visioning Workshops and Federal infrastructure funds to invest in lights and sidewalks. Chris
Cloney, resident, expressed opposition to the Project, paying tenants to relocate and concerns
regarding taxpayers. Rocky Randels, resident and Mayor Emeritus, discussed support for the
Project and submitted a copy of the City of Cape Canaveral Goals and Objectives for 2006/2007
Fiscal Year document containing the phrase "...develop City campus plan". Discussion ensued and
included dissatisfaction with the Project and Loan process, extending the closing for thirty days, a
proposal to workshop alternative use of the funds, why the Bank deposited funds early,
repurposing the Loan contract for another project. Financial Services Director DeLeo explained
the Loan is specific to the Project, the City would have to restart the process which would cost the
City thousands of dollars, amendments would have to be made to the adopted Budget and such
action would require going back to the CRA Board. Discussion continued regarding the tenants
livelihoods. Smaily Ochoa, business owner/tenant at 7404 N. Atlantic Avenue, discussed concerns
regarding his current business situation and urged Council to listen to taxpayers. Belinda Roldan,
business owner/tenant at 7404 N. Atlantic Avenue, discussed a potential new space for her
business and the urgency to move forward. Mayor Morrison apologized to the business tenants.
A motion was made by Council Member Raymond, seconded by Council Member Davis, to
approve Item 4. City Attorney Garganese advised the Motion is technically out of order, Council
should determine if it wants to extend the closing date or what direction it wants to go. Discussion
ensued on the appropriate motion and procedure for Council to proceed. A motion was made
by Council Member Raymond, seconded by Council Member Davis, to move forward with
the Project. Discussion ensued regarding pros and cons of moving forward with the Project.
Council Member Raymond raised a point of order to call the question. City Attorney Garganese
advised Council on Parliamentary Procedures regarding Call the Question. Discussion ensued
regarding whether Council should use taxpayer money to pay the Tenants, the issue should go
back to the CRA Board if appropriate, Council policy should not be to provide relocation assistance
to business owners and how such a decision should be handled at the City Manager level. The
motion carried 3-2, with Mayor Pro Tem Kellum and Mayor Morrison voting against. Mayor
Morrison called for a motion to extend the Meeting. A motion was made by Mayor Pro Tem
Kellum, seconded by Mayor Morrison, to extend the meeting for twenty minutes. The
motion carried 5-0. Discussion ensued and included opposition to managing tenants in the
building, opposition to demolishing the building, and changing the use of the property. City
Attorney Garganese advised Council relief funds and appropriation are authorized under the CRA
Redevelopment Act. Discussion continued regarding relocation expenses for the Tenants and
extension of the closing date by thirty days. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to extend the meeting until 10:30 p.m. The motion carried 4-
1, with Council Member Raymond not present. Discussion ensued regarding clarification of the
thirty -day extension contained within Section 5.7 - Extensions of Closing Date of the Contract for
Purchase and Sale of the Property and the benefit and technicality of requiring a "Hold Harmless
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • December 7, 2021
Minutes • Page 4 of 4
Agreement" in exchange for the $5,000 in relocation expenses with documented proof of the
payment of first and last month's rent and security deposit at the new location. Mayor Morrison
called for a motion. A motion was made by Council Member Willis, seconded by Council
Member Raymond, to extend the closing date and the not to exceed $5,000 in relocation
expenses. The motion carried 5-0.
OLD BUSINESS:
4. Approve an Interlocal Agreement between the City Council and the Cape Canaveral
Community Redevelopment Agency (CRA); recognizing a Joint Public Partnership between the
City and the CRA related to the pending purchase and redevelopment activities associated with
the Cape Canaveral Civic Hub (formerly known as "The Promenade"). (tabled November 16,
2021): A motion was made by Council Member Raymond, seconded by Mayor Pro Tem
Kellum, to remove the Item from the table. The motion carried 5-0. Discussion ensued. A
motion was made by Council Member Raymond, seconded by Council Member Davis to
approve the Item. The motion carried 3-2, with Mayor Pro Tem Kellum and Mayor Morrison
voting against.
REPORTS:
ADJOURNMENT: There being no further business, the Meeting adjourned at 10:29 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
December 21, 2021
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Raymond
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Cultural + Community Affairs Director
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Deputy Community and Economic Dev. Director
Deputy Finance Director
Executive Assistant to the City Manager
Brevard County Sheriffs Office Commander
Brevard County Sheriff's Office Lieutenant
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Molly Thomas
Melinda Huser
Gustavo Vergara
James Moore
Daniel LeFever
Zachary Eichholz
Candice Blake
Lisa Day
Byron Keck
Brett Lockhart
Scott Molyneaux
PUBLIC PARTICIPATION: Steven Stroud, resident, discussed concerns regarding the Florida
Department of Transportation State Road A1A Project Roundabout. City Manager Morley stated
Council Member Willis reached out to State Senator Debbie Mayfield and State Representative
Tyler Sirois for alternative solutions. Bill Hodge, property owner, requested the Council pass a
resolution to stop the Roundabout. Mayor Morrison expressed desire for a future Discussion Item
for a resolution.
Smaily Ochoa, business owner/tenant at 7404 Atlantic Avenue, discussed difficulties in finding a
place to relocate his business, not being able to move out of the building in one month, telling
City Manager Morley that he decided to stay and urged Council to expedite the lease process.
Gaspar Fernandez, property and business owner, discussed Agenda Item 12 (later renumbered as
Agenda Item 13 due to Add -On Consent Agenda Item 4) concerns regarding not being allowed to
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • December 21, 2021
Minutes • Page 2 of 5
use another company for roll -off dumpsters as per the provision within the City's Solid Waste
Agreement with Waste Pro.
Mayor Morrison read an email dated December 19, 2021 from Patrick Campbell, resident,
regarding his desire to allow the public to attend City Meetings via two-way, virtual
communication.
Mayor Morrison announced the need for Council to consider an Add -On Agenda Item, Resolution
No. 2021-23, related to opioid litigation settlement. City Manager Morley stated the Item was
submitted in a timely manner by City Attorney Garganese and provided a brief summary. A
motion was made by Council Member Raymond, seconded by Council Member Davis, to
place the Add -On Item onto the Consent Agenda as Item 4. The motion passed 5-0.
PRESENTATIONS/INTERVIEWS:
Interview Applicants for appointment to the Culture and Leisure Services Board. (Mike Truitt
and Angela Trulock): Mayor Morrison noted Mr. Truitt was not present. Ms. Trulock provided
background information and reasons for her desire to serve. The Council thanked Ms. Trulock.
CONSENT AGENDA: Mayor Morrison removed Item 4.
1. Approve Minutes for November 16, 2021 Regular City Council Meeting.
2. Resolution No. 2021-22; appointing Members to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Mike Truitt and Angela Trulock)
3. Approve the First Addendum to the Piggyback Agreement for Professional Building
Department Services with Joe Payne, Inc., and authorize the Mayor to execute same.
4. Resolution No. 2021-23; authorizing the City of Cape Canaveral to join with the State of
Florida and other local governmental units as a participant in the Florida Memorandum of
Understanding and formal agreements implementing a unified plan for the allocation and
use of prospective settlement dollars from opioid related litigation; providing an effective
date. (ADD -ON ITEM)
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to
approve Consent Agenda Items 1, 2 and 3. The motion carried 5-0.
#4 City Attorney Garganese explained the Item. Discussion ensued and included how use of
the settlement money is limited to educational purposes to reduce addiction, support for the Item
and focusing more on health rather than the criminal side of the problem. Angela Trulock,
resident, shared how she lost her son to an opioid overdose. Council expressed condolences to
Ms. Trulock. A motion was made by Council Member Raymond, seconded by Council
Member Willis, to adopt Resolution No. 2021-23. The motion passed 5-0.
PUBLIC HEARINGS:
5. Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking
regulations on City owned or leased property; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date,
second reading: City Attorney Garganese read the title into the record and explained the Item.
The Public Hearing was opened. There being no comment, the Public Hearing was closed. City
Attorney Garganese explained the Item. A motion was made by Council Member Raymond,
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • December 21, 2021
Minutes • Page 3 of 5
seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 25-2021, at second reading.
The motion carried 5-0.
ITEMS FOR ACTION:
6. Approve the City Manager Performance Evaluation Form. Human Resources and Risk
Management Director Huser explained the Item. Discussion ensued and included how the current
form was used for many years and support for using the new form. Mayor Morrison stated his
desire to proceed with approval now, but will forward recommended changes to City Clerk
Goforth to share with Council and bring it back to Council prior to the next City Manager
Performance Evaluation. A motion was made by Mayor Pro Tem Kellum, seconded by Council
Member Willis, to adopt the City Manager Performance Evaluation Form. The motion
carried 5-0.
Mayor Morrison recessed the meeting at 6:56 p.m. The meeting was reconvened at 7:03 p.m.
7. Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the
Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and
City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens'
Advisory Committee: City Manager Morley explained the Item. Discussion ensued and included
support for both appointees being reappointed and praise for both never missing a meeting and
the crucial function both appointments play. A motion was made by Council Member
Raymond, seconded by Council Member Willis, to reappoint both Representatives to the
SCTPO Technical Advisory and Citizens' Advisory Committees. The motion carried 5-0.
ITEMS FOR DISCUSSION:
8. Golf cart ordinance in Cape Canaveral (Submitted by Mayor Pro Tem Kellum): Mayor
Pro Tem Kellum explained the Item and called for Council consensus to direct Staff to draft an
ordinance similar to that of the City of Cocoa Beach. Discussion ensued and included the success
of golf cart programs in other cities and pros and cons of allowing golf carts in the City. City
Attorney Garganese advised how a two-step process would first include an enabling ordinance
which creates the possibility of allowing the use of golf carts in the City and second designation
of roadways based on findings from local law enforcement and others. Brevard County Sheriff's
Office Commander Keck discussed regulations to consider, enforcement challenges with golf carts
on the beach and DUls, and his recommendation/offer to reach out the City of Cocoa Beach to
gain feedback and statistical data. Discussion continued regarding implementation of the
program on a trial basis and how allowing golf carts to cross State Road A1A would require the
Florida Department of Transportation's consent. Mayor Morrison read the email comments from
Rod and Linda Hagen, residents, attached herewith. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Willis, to direct Staff to draft an enabling ordinance
for golf carts in the City. The motion carried 5-0.
9. Dogs on the Beach (Submitted by Council Member Raymond): Council Member
Raymond explained the Item. Discussion ensued and included enforcement concerns, dogs
appear on the beach most nights, some dogs are leashed, the damaged City sign on Harrison
Avenue and desire for pet owners to be responsible and respectful of the law. Commander Keck
discussed how officers conduct random patrols, confirmed the response to the call on December
4, 2021 was delayed due to an event and will address the lag time between calls/action, complaints
and increase issuance of tickets. Discussion continued on the challenges of and need for
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • December 21, 2021
Minutes • Page 4 of 5
enforcement of the ordinance, and suggested ways the City could message out the information
regarding allowing dogs and pets on the beach. Mayor Morrison read the email comment of Linda
Hagan, resident, attached herewith.
10. Time Management at Council Meetings (Submitted by Council Member Raymond):
Council Member Raymond explained the Item and expressed desire for adherence to the Council
Code of Conduct. Discussion ensued and included efficient public meetings, workshops prior to
each Regular City Council Meeting, the need for longer meetings at times, reminding each other
of Robert's Rules of Order when necessary and conducting Regular Meetings twice a month as a
way to shorten the length of meetings. City Attorney Garganese advised making a motion at this
time to conduct workshops prior to each Council Meeting is off topic from this Item, the topic can
be raised through another vehicle and reminded Council to move through Agenda Items one after
another to stay better organized. Discussion continued regarding workshop meetings prior to
regular meetings. Council reached consensus to call for a City Council Workshop Meeting only
when appropriate or needed, prior to Regular City Council Meetings. Mayor Morrison read email
comments from Rod and Linda Hagen, residents, and Patrick Campbell, resident, attached
herewith.
11. Discussion on limiting the City Council's ability to incur debt to fund projects that are
not defined as "critical infrastructure" as well as setting minimum standards to require a
minimum amount of community workshops prior to funding a project. (Submitted by Mayor
Morrison): Mayor Morrison explained the Item. Discussion ensued and included debt to fund
projects that are not defined as critical infrastructure, the definition of critical infrastructure,
whether debt should be approved by the voters, the public engagement process, internal controls,
the sufficient amount of meetings held in the past that include Budget Workshops and the
Visioning, low attendance at Council Workshops, and the hard work of Staff. Scott Holmes,
resident and property owner, discussed how debt is necessary, keeping debt in check and
importance of transparency. Mayor Morrison read email comments of Patrick Campbell, Linda
Hagen, Richard Woodland, Laurie Curtis and Bill and Sara Hodge, attached herewith. Discussion
concerns regarding putting limits on future City Councils, potential unintended consequences of
removing opportunities, limits on future items, material costs going up, deadline to submit ballot
referendums is a concern over a project or property that the citizens want, Council is elected to
do a job and move forward once an item is voted on, and pros and cons of holding workshops
prior to each Regular City Council Meeting. City Manager Morley discussed how the Annual City
Audit covers the health of City debt. Deputy Finance Director Blake confirmed the City's debt ratio
of eight percent. City Attorney Garganese cautioned Council on complications of the issue, not to
be circumspect, and how voter controls on debt service could hurt the City. Discussion ensued
regarding changing the City Charter through the petition process. A motion was made by Mayor
Morrison, seconded by Mayor Pro Tem Kellum, to direct Staff to come back with a proposed
ordinance requiring workshops, prior to taking on debt, to be considered at a future
meeting. The motion carried, as amended, 5-0. Discussion ensued regarding clarification on
the Motion and to have Staff come back with ideas for discussion first. A motion was made by
Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the main motion by
removing the requirement for Staff to draft an ordinance and return with general terms
and ideas for discussion on workshops pertaining to debt. The motion carried 5-0.
12. Discussion on placing the Year -to -Date Monthly financial report in the Regular City
Council Meeting Agenda each month with no action needed by Council. Any transfers made in
the previous month would be provided. (Submitted by Mayor Morrison): Mayor Morrison
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • December 21, 2021
Minutes • Page 5 of 5
explained the Item. Discussion ensued regarding this creates no extra work for Staff and it will be
the latest available report at time of creation of the Regular City Council Meeting Agenda creation.
Council reached consensus to place the latest Monthly Financials Report in the Regular City
Council Meeting Agenda Packet going forward.
13. Review a Provision in the Solid Waste Agreement and recently adopted Ordinance for
Dumpster Rentals within the City Limits. (Submitted by Mayor Morrison): Mayor Morrison
explained the Item and discussed the issue related to the property and business owner who spoke
under Public Participation, Gaspar Fernandez. Scott Holmes, resident and property owner,
discussed how construction contractors are authorized to use their own dumpsters, but not
residents and his opinion that citizens should be able to choose contractors. Platt Loftis, Waste
Pro Municipal Marketing Manager, addressed citizen issues, explained the services provided to
the City by Waste Pro and the financial impact changing the Contract would have on the rates.
Discussion ensued and included financial impacts, having Staff bring back a solution, the exclusive
provision regarding dumpsters by a previous Council, challenges brought about by the pandemic
including availability of labor, diesel fuel and the likelihood a rate adjustment will happen in each
municipality. City Manager Morley discussed a potential compromise and suggested Council
authorize that he work with all parties on a compliance process, looking at roll -off containers
under 20 cubic yards not subject to exclusion in the Waste Pro Contract; further discussion can
occur at a future Council meeting about vetting potential contractors for construction and
demolition debris services. Council reached consensus for Staff to provide an update at the
January Meeting.
14. Compensation for the City's elected officials: Mayor Morrison inquired if the Council
desired to discuss or postpone the Item. City Attorney Garganese advised Council on tabling an
item versus postponement. A motion was made by Council Member Willis, seconded by
Council Member Raymond, to postpone the Item to the Regular City Council Meeting of
January 18, 2022. The motion carried 5-0.
INFORMATIONAL:
15. ProChamps Update: Discussion ensued and included concerns over ProChamps
performance for the City as contracted, complaints, and identification of homesteaded property
issues should be reported to the Brevard County Property Appraiser. City Attorney Garganese
cautioned Council on jumping to any conclusions regarding homesteaded properties. City
Manager Morley indicated Staff could bring this back once again for January with a representative
from the company to update the Council regarding the compilation of three-month data
collection. Discussion ensued regarding management of the contract and keeping the Item in
front of Council.
REPORTS: None.
Mayor Morrison thanked everyone and wished all a Merry Christmas.
ADJOURNMENT: The Meeting was adjourned at 9:52 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
From: Wes Morrison
To: Mia Goforth
Cc: Daniel LeFever
Subject: Fwd: URGENT - City Council Agenda items
Date: Wednesday, December 22, 2021 10:09:16 AM
Here is the email below which was read into the record last night.
Wes Morrison
Mayor
City Hall Office
100 Polk Avenue
Cape Canaveral, FL 32920
www.CityOfCapeCanaveral.org
Begin forwarded message:
From: Linda Hagen <newlinda59@gmail.com>
Date: December 21, 2021 at 6:49:43 AM EST
To: Mickie Kellum<m.kellum@cityofcapecanaveral.org>, Kimberly Davis
<k.davis@cityofcapecanaveral.org>, Angela Raymond
<A.Raymond@cityofcapecanaveral.org>, Wes Morrison
<W.Morrison@cityofcapecanaveral.org>, Don Willis
<d.willis@cityofcapecanaveral.org>
Subject: URGENT - City Council Agenda items
As a residents of Cape Canaveral here are our views on upcoming agenda
items:
No golf carts on the sidewalk. Carts must be licensed per Florida laws. No
drivers under legal licensing age per Florida law. No carts on the beach.
NO DOGS ON THE BEACH
Limit the city staff/council's ability to incur debt for non -critical
infrastructure projects. Hold public workshops to gain public knowledge
and consent. Urgent matters can be approved by a unanimous council vote
to avoid putting on the ballot.
Don't stifle our voices or council members' voices with time limits on the
council meetings.
Sincerely,
Linda & Rod Hagen
Linda Hagen
321-591-3265
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral officials and
employees will be made available to the public and/or media upon request, unless
otherwise exempt. Under Florida Law, email addresses are public records. If you
do not want your email address released in response to a public -records request,
do not send electronic email to this entity. Instead, contact our office by phone or
in writing.
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: Pat Campbell <patrickcampbell@cfl.rr.com>
Sent: Sunday, December 19, 2021 9:39 PM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Wes Morrison <W.Morrison@cityofcapecanaveral.org>; Todd Morley
<T.Morley@cityofcapecanaveral.org>
Subject: Public comments for the December 21st Council Meeting
Please read my comments into the record.
Public Comments for the December 21st City Council Meeting
General Comments
I would like the City to reestablish the ability to virtually attend and participate in City meetings. There are people like me with various health
issues and concerns that prevent in person attendance without incurring significant risk. The arguments presented by City leadership, "it is
too expensive" and "not enough participation" is just not the case. It is not expensive given the annual price communicated by City leadership
was less than $5000. "Not enough participation", is a flawed and misdirected excuse. It is the job of City leadership to expand public
participation in any way possible. Virtual attendance must be in place and well communicated and participation will increase.
Agenda Item 4
I do not believe the city parking ordinances require change and certainly do not need nor do I support language that places unquestioned
authority in a single individual, City Manager. I also believe the primary motive of this ordinance change is to provide the structure needed
for the implementation of paid parking/metered parking in the city. I am asking the Council to stop this covert assault on the citizens of Cape
Canaveral. Let all citizens know, in a formal way, information mailers, flyers at our local businesses or other effective bulk notification
processes what you are doing. Get comprehensive and conclusive data that shows the desires of the majority of citizens. Please stop this
puzzle pieces tactic of implementing the "initiatives" generated behind the closed doors of City Hall. This ordinance change is not needed.
Please explain what this change provides that is not already available.
Sec. 74-S6.6 — Parking on City Owned or Leased Property.
(a) Whenever the city manager shall determine that the orderly. efficient conduct of
the city's business or public safety requires that parking or standing of vehicles on city owned or
leased property be prohibited, limited or restricted, the city manager shall have the power and
authority to order signs to be erected or posted. and to install and have maintained parking space
markings, indicating that the parking of vehicles is thus prohibited, limited or restricted.
(b) The prohibitions, limitations or restrictions authorized by this section may include,
but not be limited to. establishing designated or Prohibited parking spaces, establishing tow
zones requiring city issued decals affixed to a vehideiirniWing parkingJo certain days and hour,
limiting the size of vehicles, requiring directional parking, establishing loading zones and
enforcing any ordinance. rule or regulation adopted by the city council.
(c) When signs or parking space markings are in place, giving notice of such
prohibition, limitation or restriction authorized hereunder. no person shall park or stand any
vehicle contrary to the directions or provisions of such signs or parking space markings..
From: Pat Campbell <patrickcampbell@cfl.rr.com>
Sent: Sunday, December 19, 2021 9:39 PM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Wes Morrison <W.Morrison@cityofcapecanaveral.org>; Todd Morley
<T.Morley@cityofcapecanaveral.org>
Subject: Public comments for the December 21st Council Meeting
Agenda Item 9
There is nothing new or unique in the management of Cape Canaveral Council meetings. In general, any discussion, any city that desires to
streamline administrative functions like meetings ultimately end up with the same targets:
Limit public comment during high attendance meetings
Limit Council Member discussion
Limit repetition of praise and agreement between Councilmembers
Adhere to the agenda order
Establish time limits for agenda items
Limit presentation/ceremonies
Meet more than once a week
Call for a "point of order" after discussion has gone longer than 30 minutes to force vote or table the issue
Increase use of City Council/citizen Committees to hear public comment
For citizens, a Council meeting is one of the few opportunities to hear and interact with our representatives to understand their positions.
We depend on council members being well versed on the topics, have an understanding of citizen desires and be prepared to make an
informed decision. This should not be assigned an arbitrary time limit.
Public comment should be expanded, not limited.
Council members should be incentivized to properly prepare for the discussions and the incentive should be that they are paid for the time
used to prepare. The current salary structure does not provide an acceptable compensation for time required to do their duties satisfactorily.
There should be willingness to have more than one meeting a month when the volume and complexities of the agenda warrants it.
A 30 minute point of order seems reasonable and Council Members wanting additional discussion can vote to table the issue to allow
additional research.
Agenda Item 10
In addition to the recommendations included in this agenda item I would like to see language that requires public approval, a vote, for any
single City expenditure exceeding a certain amount, say $750,000.
I would also like the City to consider participatory budgeting. Participatory Budgeting is a democratic process through which community
members directly decide how to spend part of a public budget. Participatory Budgeting will help directly involve residents in the budgeting
and City -building process, foster civic engagement and community spirit, and help ensure that the City's Plans reflect the priorities of Cape
Canaveral residents.
Agenda Item 13
Thank you for placing my concern about the inadequate compensation of the Mayor and Council on this month's agenda. I would also like to
request a review of City Employee's salaries, with the exception of leadership, be done. I don't believe the current compensation of about 30
percent of the city's employees is reflective of the present market conditions and the previous escalation percentages have failed to provide
some of our city employees a living wage. My choice of words, living wage is important. Living wage is the amount an individual in a
household must earn to support his or herself and their family. The concept of the arbitrary and outdated standard escalation percent,
around 3 percent, simply ensures many of our city's employees fall behind more every year.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape
Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records
request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape
Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records
request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
From: timelessfays@hotmail.com
To: City Clerk
Subject: 12-21 meeting comment
Date: Monday, December 20, 2021 11:06:31 PM
I may not be able to attend the 12-21-2021 meeting but would like the following comment
brought to the attention of council members;
In view of the substantial debt increase placed upon the citizens of Cape Canaveral by
previous city councils for the purpose of non essential large capital improvements, the current
process of approval should be examined closely by this council. I hope some kind of capital
improvement deficit spending firewall can be adopted that will force future large non essential
capital projects above a set dollar amount be voted on by the citizens.
Richard Woodland
302 Pierce Ave
Sent from Universal Email App for Android
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: Wes Morrison
To: Mia Goforth
Cc: Daniel LeFever
Subject: Fwd: Public Comment in Support of Proposed Ordinance to Limit City Council"s Ability to Take on Debt to Fund
Non -Critical Infrastructure Projects
Date: Wednesday, December 22, 2021 10:11:06 AM
Another email read into the record
Wes Morrison
Mayor
City Hall Office
100 Polk Avenue
Cape Canaveral, FL 32920
www.CityOfCapeCanaveral.org
Begin forwarded message:
From: laurie@l620associates.com
Date: December 20, 2021 at 3:24:31 PM EST
To: CouncilMembers <CouncilMembers@cityofcapecanaveral.org>
Subject: Public Comment in Support of Proposed Ordinance to Limit City
Council's Ability to Take on Debt to Fund Non -Critical Infrastructure
Projects
Dear Mayor Morrison and Members of the City Council,
I write in support of the proposal offered by Mayor Wes Morrison to offer residents
more input into the process of approving debt for non -critical infrastructure projects
such as the proposed Promenade project. I oppose the Promenade project as it
represents a wasteful expenditure of public funds to go into debt for an unnecessary
project that is both inflated in cost and will destroy several local small businesses. It is
time for our city to carefully prioritize critical spending "needs" rather than just funding
spending "wants" that put us further info debt. There will always be many appealing
projects looking to be funded, and we as a city need to take a more fiscally -responsible
look at how we balance needs and wants. Also, the Promenade project in particular
represents a huge cost to the city to benefit one property owner who is asking an
inflated price. It will force long-time city businesses out of their locations by the hands
of the city to whom they have paid taxes.
As a resident of Cape Canaveral, I respectfully request that you support Mayor
Morrison's proposal to allow greater citizen input into the approval process for these
expenditures so that projects are prioritized based on immediate need rather than a
long-term desired items list. The city has many urgent needs which should be
addressed before purchasing the Promenade and forcing small business owners to
leave their location and potentially the city itself. I don't think the city should try to put
small businesses out of business for an expensive and unneeded park project. Thank
you for your consideration of my comments and the comments of other residents who
are concerned about runaway spending and borrowing and about protecting the small
businesses located in our city.
Respectfully,
Laurie Curtis
Laurie Klotzbach Curtis
8914 Puerto Del Rio Drive #203
Cape Canaveral, FL 32920
508-479-8034 (cell)
Iaurie@1620associates.com (email)
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral officials and
employees will be made available to the public and/or media upon request, unless
otherwise exempt. Under Florida Law, email addresses are public records. If you
do not want your email address released in response to a public -records request,
do not send electronic email to this entity. Instead, contact our office by phone or
in writing.
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: Wes Morrison
To: Mia Goforth
Cc: Daniel LeFever
Subject: Fwd: We support Agenda Item #10 on the December 21, 2012 City Council Meeting Agenda
Date: Wednesday, December 22, 2021 10:10:15 AM
This was read into the record last night as well.
Wes Morrison
Mayor
City Hall Office
100 Polk Avenue
Cape Canaveral, FL 32920
www.CityOfCapeCanaveral.org
Begin forwarded message:
From: sarah hodge <hodge_sarah@yahoo.com>
Date: December 20, 2021 at 4:50:42 PM EST
To: CouncilMembers <CouncilMembers@cityofcapecanaveral.org>
Subject: We support Agenda Item #10 on the December 21, 2012 City
Council Meeting Agenda
Mayor Morrison and City Council Members,
We hope that the Council will support Item #10 on the Agenda by Mayor
Morrison. Many of the taxpayers are concerned that if the City keeps spending
the way they have, a lot of people will not be able to afford to live here. When
they say we have plenty of money and can afford the $8+ Million Multi
Generational Facility with it being funded by CRA Funds this is not true. It is a
matching fund that gives 50% of the funding with our taxes paying the rest of the
cost of the building. The CRA Is not funding for maintenance, insurance, utility,
heat and air conditioning bills (which will be huge for a 23,300 sq. ft . Building),
luxury gym equipment, furnishings, and additional staff. They will have to charge
fees (which the City has not told us the amount yet). The original plan was
18,000 sq. ft., then the City decided to change it to 23,330 sq. ft. The Community
Center in Viera is 18,000 sq. ft. that serves the huge area of Viera. Why did you
build such a huge Multi Generational Facility for a 1.9 sq. mile City? Is it for
tourists? Some of the taxpayers will not be able to afford these fees so ,therefore,
there will not be much raised from the fees. The YMCA in Cocoa had to close
and they were only charged a dollar a year for the building rent from the College.
We do believe that there should be a Recreation Building for our youth and
others, just not something this huge and expensive. It is already done, so we will
have to pay for it with increased taxes, but something must be done to control
anything in the future except needed expenses especially at this economic time.
The Promenade Project should be stopped until the people that will pay the taxes
vote on it. It is unusual for a mortgage company to loan more than the appraised
value with a low interest rate. It might be because they are guaranteed
repayment because the taxpayers are on the hook for it . It was said this "was a
good investment ". The City contracted to pay approximately $200,000 over the
appraised value. The Seller paid approximately $200,000 less only one year
before. Why would the City want evict the paying tenants to tear down the
commercial building on this property that also generates real estate taxes from
the owner for a small park on A1A with gas fumes and it will also be dangerous
for children to play in. Our City should be concerned about CRA Funding in the
future, if the City continues to spend it on luxury amenities instead of needed
projects!
OUR FAMILY WANTS MORE FINANCIAL TRANSPARENCY AND
ACCOUNTABILITY IN OUR CITY GOVERNMENT SPENDING?
Thank You for your consideration of this matter!
William and Sarah Hodge
369 Coral Drive - Cape Canaveral, FL. 32920 (second home)
390 Sanders Lane - Merritt Island, FL. 32953
Email addresses:
billhodge@juno.com
hodge_sarah@yahoo.com
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral officials and
employees will be made available to the public and/or media upon request, unless
otherwise exempt. Under Florida Law, email addresses are public records. If you
do not want your email address released in response to a public -records request,
do not send electronic email to this entity. Instead, contact our office by phone or
in writing.
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Ordinance No. 01-2022; authorizing the short term lease of office space to any existing
tenant(s) of the building located at 7404 N. Atlantic Avenue, Cape Canaveral, Florida ("Property")
upon such time the City acquires the property in accordance with the pending Contract for Purchase
and Sale; providing that the City Council may approve a written lease with such tenant(s) in
accordance with the terms and conditions required by this Ordinance; providing for the repeal of
prior inconsistent ordinances and resolutions, severability and a conditional effective date; second
reading.
Department: Community and Economic Development
Summary: At its September 21, 2021 Regular Meeting, the City Council approved a Contract for
Purchase and Sale for the Property. The Council requested an amendment to the Contract to allow
for the existing tenants to remain in the building on a month -to -month basis, not to exceed twelve-
months.
At a Special Council Meeting on December 7, 2021, the Council voted to extend the closing date
by 30 days as provided for in Section 5.7 of the Contract for Purchase and Sale, and to provide
relocation assistance of up to $5,000 to the two (2) tenants currently in the building (Hair Port Salon
and Iteck). The closing on the Property is scheduled for January 26, 2022.
At a Special Meeting scheduled for January 12, 2022, Council was asked to approve Ordinance No.
01-2022 at first reading. This Ordinance authorizes Staff to negotiate a short-term lease
arrangement with the existing tenant(s) to occupy a small portion of the building on a short-term,
month -to -month basis until such time that the City is ready to commence redevelopment of the
property.
A general lease document, which is Exhibit A to the Ordinance, is presented for Council's
consideration as part of second reading. Notable points of the lease include:
1. Tenant acknowledges the short-term nature of the lease and for the requirement to
voluntarily relocate within a term not to exceed twelve (12) months (Sec. 3.6);
2. Tenant shall be required to pay the first and last month's rent concurrent with the execution
of the lease (Sec. 4.1);
3. Tenant shall pay a late charge equal to ten percent if rental payment is not received within
five (5) days of its due date (Sec. 4.3);
4. Tenant shall be responsible for all utility expenses furnished to the leased premises (Article 9);
5. Tenant shall maintain, throughout the term of the lease, certain insurance coverage (Sec.
10.1); and
6. A listing of events that constitute a default or breach by the Tenant of the lease (Article 13).
Should a lease be required for any of the Tenants, a separate approval by the City Council shall be
required which will include all of the necessary business terms.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 2_
Page 2 of 2
The Notice of Hearing was placed for advertisement in Florida Today on Saturday, January 8, 2022
and the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey Date: 01/11/22
Attachment:
Ordinance No. 01-2022 w/Exhibit A
Financial Impact: Potential $10,000 impact to the Community Redevelopment Agency Fund; cost
of advertisement. Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/22
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 01-2022 on second reading.
Approved by City Manager: Todd Morley Date: 01/11/22
1 ORDINANCE NO. 01-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, PURSUANT TO SECTION 2.12(6) OF THE CITY
5 CHARTER, AUTHORIZING THE SHORT TERM LEASE OF OFFICE SPACE
6 TO ANY EXISTING TENANT(S) OF THE BUILDING LOCATED AT 7404
7 N. ATLANTIC AVENUE, CAPE CANAVERAL, FLORIDA ("PROPERTY")
8 UPON SUCH TIME THE CITY ACQUIRES THE PROPERTY IN
9 ACCORDANCE WITH THE PENDING CONTRACT FOR PURCHASE
10 AND SALE; PROVIDING THAT THE CITY COUNCIL MAY APPROVE A
11 WRITTEN LEASE WITH SUCH TENANT(S) IN ACCORDANCE WITH
12 THE TERMS AND CONDITIONS REQUIRED BY THIS ORDINANCE;
13 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
14 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND A
15 CONDITIONAL EFFECTIVE DATE.
16
17 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
18 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
19 law; and
20
21 WHEREAS, the City Council previously approved a Contract for Purchase and Sale with
22 William Scharlau on September 21, 2021 ("Agreement") to acquire the real property and
23 commercial building located at 7404 N. Atlantic Avenue, Cape Canaveral, Florida ("Property") for
24 redevelopment purposes; and
25
26 WHEREAS, the Closing on the Property is currently scheduled for January 26, 2022, subject
27 to the terms and conditions of the Agreement; and
28
29 WHEREAS, upon closing and acquisition of the Property by the City, the City Council may
30 desire to enter into short term lease arrangements with existing tenants to occupy a small portion
31 of the commercial building on a short term, month -to -month basis until such time that the City is
32 ready to commence redevelopment activities on the Property including, but not limited to, the
33 demolition of the existing building and construction of the redevelopment project; and
34
35 WHEREAS, for the aforementioned reason, the City Council desires to expressly authorize
36 the lease of the Property pursuant to Section 2.12(6) of the City Charter and under the terms and
37 conditions of this Ordinance; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
40 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
41 Cape Canaveral.
42
City of Cape Canaveral
Ordinance No. 01-2022
Page 1 of 3
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
2 ORDAINS, AS FOLLOWS:
3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
4 this reference as legislative findings and the intent and purpose of the City Council of the City of
5 Cape Canaveral.
6
7 Section 2. Lease of the Property. Upon the City acquiring fee title to the
8 Property, the City Council hereby authorizes the short term lease of office space in the existing
9 building located on the Property to any existing tenant in accordance with Section 2.12(6) of the
10 City Charter. The City Council, by majority vote, may authorize a written lease with any specific
11 tenant under such business terms that the City Council deems beneficial to, and appropriate for,
12 the City and using the form lease which is attached hereto as EXHIBIT "A" and fully incorporated
13 herein by this reference. The City Council may incorporate business terms and make technical
14 modifications to the form lease on a case -by case basis as may be deemed advisable and
15 appropriate.
16
17 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
18 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
19 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
20
21 Section 4. Not Incorporated Into Code. This Ordinance shall not be incorporated
22 into the Cape Canaveral City Code.
23
24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
28 the validity of the remaining portions of this Ordinance.
29
30 Section 6. Effective Date. Pursuant to the City Charter, this Ordinance shall become
31 effective upon adoption by the City Council of the City of Cape Canaveral, Florida, and upon the
32 City acquiring fee title to the Property. If the City does not close on the Property in accordance
33 with the Agreement, this Ordinance shall not take effect and shall be deemed null and void.
34
35
36
37 [Adoption Page Follows]
38
39
40
41
City of Cape Canaveral
Ordinance No. 01-2022
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
2 January, 2022.
3
4
5 Wes Morrison, Mayor
6
7 ATTEST:
8
9 For Against
10
11 Mia Goforth, CMC Kim Davis
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
16
17 Angela Raymond
18
19 Don Willis
20
21 Advertisement: January 8, 2022
22 First Reading: January 12, 2022
23 Second Reading: January 18, 2022
24
25 Approved as to legal form and sufficiency
26 for the City of Cape Canaveral only by:
27
28
29 Anthony A. Garganese, City Attorney
30
City of Cape Canaveral
Ordinance No. 01-2022
Page 3 of 3
EXHIBIT A
ORDINANCE NO. 01-2022
SHORT TERM LEASE AGREEMENT
THIS SHORT TERM LEASE AGREEMENT, is made and entered into as of the day of
, 2022, between The City of Cape Canaveral, a Florida municipal corporation
(hereinafter called "Landlord" or "City"), and (hereinafter called "Tenant"), for
the Premises known as 7404 N. Atlantic Avenue, Cape Canaveral, FL 32920 (hereinafter called the
"Premises").
RECITALS
WHEREAS, Landlord recently acquired the Premises described below for redevelopment
purposes pursuant to the Community Redevelopment Act of 1969 ("Act"), and desires to
redevelop the Premises in the future for public purposes; and
WHEREAS, at the time the Landlord acquired the Premises, Tenant was leasing a portion of
the Premises, on a month -to -month basis, for the purpose of conducting business;
and
WHEREAS, as more specifically set forth herein, Landlord desires to allow Tenant to continue
leasing its current tenant space on a short-term, month -to -month basis, until sooner terminated
when either Tenant relocates to another location or Landlord provides Tenant written notice to
vacate the Premises for any reason including so Landlord can proceed with the redevelopment of
the Premises, whichever occurs first, provided under no circumstance shall this short-term Lease
exceed a total of twelve (12) months; and
WHEREAS, this Lease is intended to supersede and replace Tenant's previous lease with the
prior owner of the Premises; and
WHEREAS, the Parties desire to enter this Lease Agreement ("Lease") defining their rights,
duties, and liabilities relating to the Premises.
WITNESSETH
In consideration of the matters described above, and of the mutual benefits and obligations
set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
LEASE AGREEMENT
Page 1 of 25
ARTICLE 1 — CONDITIONS PRECEDENT
Section 1.1 — Conditions Precedent. This Lease shall not become effective until such time the
Parties have fully complied with the following conditions precedent:
A. The Landlord shall have closed and acquired fee title of the Premises.
B. The Landlord's City Council shall have adopted Ordinance No. 01-2022 at a duly held
public meeting.
C. The Landlord's City Council shall have adopted this Lease with Tenant at a duly held public
meeting.
D. The Landlord and Tenant shall have duly approved and executed this Lease.
E. The Tenant shall have paid to the City the first full and last month's rent as required by
Article IV of this Lease.
F. The Tenant shall have paid to the City the security deposit as required by Article IV of this
Lease.
G. The Tenant shall have provided written proof of insurance to the City as required by Article
IV of this Lease. H. The Tenant shall have provided the City with a copy of their current
business tax receipt(s) from the City, and from Brevard County if required.
Section 1.2 — Effective Date.This Lease shall only become effective upon the occurrence and
completion of each of the conditions precedent stated in Section 1.1 above. Until such time, the
Parties shall have no rights whatsoever under this Lease. Further, if the conditions precedent do
not occur, this Lease shall be deemed null and void, and of no effect, even if the Lease has been
fully executed by the Parties.
ARTICLE 2 — LEASED PREMISES
Subject to the Parties fully satisfying the conditions precedent stated above, Landlord does hereby
lease, demise and let unto Tenant, and Tenant does hereby rent, lease, hire and take from
Landlord, to have and to hold during the Term, subject to the terms and conditions of this Lease,
the Premises in "as is" condition. The Premises shall consist of that portion of the United Agencies
Building property located at 7404 N. Atlantic Avenue, Cape Canaveral, FL 32920 ("Premises"). The
Premises are calculated at approximately 800 square feet, such number being used to determine
rent and common area maintenance charges.
ARTICLE 3 — USE OF LEASED PREMISES
Section 3.1 — Use. The Premises shall be used and occupied by Tenant in the operation of its
lawful trade or business as presently carried on by Tenant, more particularly described
as , in a safe, careful and proper manner, so as not to contravene any present
LEASE AGREEMENT
Page 2 of 25
or future governmental laws, rules, regulations, policies, procedures or orders. If improvements
are necessary to comply with any of the foregoing or with the requirements of insurance carriers,
due solely to Tenant's use of the Premises, Tenant shall be required to seek written approval from
Landlord prior to making the improvements and if approved, Tenant shall pay the entire cost
thereof.
Section 3.2 — Nuisance. Tenant shall not cause or maintain any nuisance in or about the Premises
and the property thereon, and shall keep the Premises free of debris, rodents, vermin and anything
of a dangerous, noxious, or offensive nature or which could create a fire hazard (through undue
load on electrical circuits or otherwise) or undue vibration, heat or noise.
Section 3.3 — Unlawful or Dangerous Activity; Hazardous Materials. Tenant shall neither use
nor occupy the Premises or any part of the Premises for any unlawful, disreputable, or
ultrahazardous business purpose nor operate or conduct Tenant's business in a manner
constituting a nuisance of any kind. Tenant shall immediately, on discovery of any unlawful,
disreputable, or ultrahazardous use, take action to halt such activity. Throughout the term of this
Lease, Tenant shall prevent the presence, use, generation, release, discharge, storage, disposal, or
transportation of any Hazardous Materials (as that term is defined by local, state and federal law).
Tenant shall indemnify, defend and hold harmless Landlord from and against (a) any loss, cost,
expense, claim or liability arising out of any investigation, monitoring, clean-up, containment,
removal, storage, or restoration work required by or incurred by Landlord or any other person as
a result of or arising from the use or occupancy of Tenant of the Premises and (b) any claims of
third parties for loss, injury, expense, or damage arising out of the presence, use, generation,
release, discharge, storage, disposal, or transportation of any Hazardous Material on, under, in
above, to or from the Premises as a result of or arising from the use or occupancy of Tenant of
the Premise.
Section 3.4 — Common Areas. Tenant shall have nonexclusive use of common areas including
parking areas, ways, exits, entrances, and roadways for the general use, in common, of tenants,
their officers, agents, employees, and customers. However, the common area use cannot interfere
with any of the City of Cape Canaveral's operations. Landlord shall have the right, without liability
to or recourse by Tenant, to alter, modify, add to, delete from, or change the nature or use of any
portion of the Common Area; provided any such action does not materially interfere with the
conduct of Tenant's business on the Leased Premises. The Common Area shall be at the sole
operation and control of the Landlord.
Section 3.5 — Keys. Landlord agrees to furnish Tenant one set of keys for the Premises without
charge. Additional keys will be furnished at a nominal charge. Tenant shall not make or cause to
be made duplicates of keys procured from the Landlord. All keys to the Premises shall be
surrendered to Landlord upon termination of this Lease. Tenant shall not change the locks on the
LEASE AGREEMENT
Page 3 of 25
doors without the Landlord's prior written permission, If Tenant is allowed to change the locks on
the doors to the Premises, Tenant shall provide the Landlord with a copy of a key for the new lock
at such time the new lock is installed.
Section 3.6 — Short Term Lease and Acknowledgement of Relocation Requirement. Tenant
hereby acknowledges and understands that Landlord has acquired the subject Property and
Premises for redevelopment purposes and that the Landlord intends to demolish the building and
redevelop the Property for public purposes. Tenant further acknowledges and understands that
Landlord is requiring the Tenant to relocate its business from the Premises as soon as possible so
the Landlord can pursue the redevelopment of Property for public purposes. Tenant agrees to
cooperate with the Landlord's intentions to redevelop the Property for public purposes by
voluntarily relocating their business as soon as possible or relocating their business at such time
the Landlord provides Tenant with a notice to vacate the Premises as set forth in this Agreement.
Tenant agrees and acknowledges that they have entered this Lease with the full understanding
that the Lease is short term and Tenant will voluntarily and freely relocate their business. Tenant
releases and holds harmless the Landlord for any costs, expenses or liability resulting or arising
from the Landlord's acquisition of the Property and requirement that Tenant must vacate the
Premises and relocate in accordance with the terms and conditions of this Agreement.
ARTICLE 4 — TERM AND RENT
Section 4.1 — Term and Rent. The parties acknowledge and understand that the Landlord
acquired the Premises for redevelopment purposes under the Act, and that Landlord will
redevelop the Premises in the future. As such, this Lease shall be on a short-term, month -to -
month basis for a term not to exceed twelve (12) months, commencing on
2021, and terminating no later than on , 2022, at 5:00 p.m., (hereinafter
the "Term"), or sooner terminated upon the occurrence of any one of the following events:
A. Tenant vacates the Premises.
B. Tenant may terminate this Lease for any reason whatsoever by delivering thirty (30)
days prior written notice to Landlord and vacating the Premises by the end of the
notice period.
C. Landlord may terminate this Lease for any reason whatsoever by delivering thirty (30)
days prior written notice to Tenant, and upon delivery of said notice, Tenant shall be
required to vacate the Premises no later than the end of the thirty (30) day notice
period.
D. Landlord may terminate this Lease for default by Tenant pursuant to Article 14 herein.
Monthly rent, inclusive of common area maintenance charges, shall be paid on or before the first
LEASE AGREEMENT
Page 4 of 25
of each month. Monthly rental amounts due of $ , and applicable sales tax (6.5%
as of the date of execution of this Lease; thus $ per month, or as otherwise provided
by law) for each month of this Agreement. A prorated rental amount of $ _ shall be due
for the rental period of _ through
The first month's rent (inclusive of the first full month, any prorated rent, and taxes) and last
month's rent shall be due concurrent with the execution of this Lease by Tenant. Any portion of
the last month's rent not used by Landlord to cover Tenant's rent and other obligations under this
Lease shall be returned to the Tenant within thirty days of the termination of the Lease. Thereafter,
the Tenant shall pay monthly rent on or before the first of each month.
Section 4.2 — Payments to Landlord — General. All amounts payable by Tenant to Landlord
under this Lease, whether Rent, Security Deposit or any other payment, shall be payable when
due, without deduction or set-off, in U.S. Dollars made payable to THE CITY OF CAPE CANAVERAL,
and at the address of, 100 POLK AVENUE, CAPE CANAVERAL, FL 32920, or to such other person
or at such other address as Landlord may from time to time designate in writing.
Section 4.3 — Late Fee and Costs. Tenant shall pay Landlord a late charge equal to ten percent
(10%) of any payment amount if payment is not tendered and received by Landlord within five (5)
days of its due date. Checks provided by Tenant with insufficient funds shall not be considered
timely tendered and received. Such payment shall be submitted as described in Sections 4.1 and
4.2. Tenant shall indemnify Landlord against all costs and charges (including legal fees) lawfully
and reasonably incurred in enforcing payment thereof, and in obtaining possession of the
Premises after default of Tenant or upon expiration or earlier termination of the Term of this Lease,
or in enforcing any covenant, proviso or agreement of Tenant herein contained.
Section 4.4 — Common Area and Maintenance (CAM) Charges. Because of the short-term
nature of this Lease, there are no common area and maintenance charges.
Section 4.5 — Security Deposit. Tenant shall deposit $ with Landlord concurrently
with the Tenant's execution of this Lease, which amount shall be held by Landlord as security for
the full and timely performance by Tenant of the terms and conditions of this Lease and for the
payment of any unpaid rent or final judgment that may be rendered against Tenant for a breach
of those terms and conditions. No interest shall be paid on the security. The rights of Landlord
against Tenant for a breach of this Lease shall in no way be limited or restricted by the security
deposit. Landlord shall have the absolute right to pursue any available remedy to protect its
interests, as if this security deposit had not been made. If all or any portion of the security deposit
is used during the tenancy and the Lease remains in effect, the Tenant shall reinstate the total
security deposit within 5 days after written notice is delivered to Tenant. The security deposit shall
be returned to Tenant within thirty (30) days after the termination of this Lease, provided that all
the terms and conditions contained in this Lease have been fully performed by Tenant, or Landlord
LEASE AGREEMENT
Page 5 of 25
shall furnish Tenant an itemized statement indicating the amount of any security deposit received
and the basis for its disposition (including, but not limited to, damages to the Premises and unpaid
rent) and return any remaining portion of the security deposit to Tenant. Should the Premises be
sold, Landlord may transfer or deliver the security deposit to the purchaser of the interest, and
Landlord shall then be discharged from any further liability with respect to the security deposit.
ARTICLE 5 — PROPERTY MANAGEMENT
Tenant acknowledges and agrees that if the Landlord retains a management company
("Management Company") to manage and operate the property described in this Lease. Tenant
hereby agrees not to interfere with the Landlord or Management Company's duties and
responsibilities under the Management Agreement. This Lease shall be subject to any applicable
provision in any future Management Agreement and any provision of this Lease that conflicts with
the Management Agreement shall be null and void and the applicable provision of the
Management Agreement shall be substituted for the conflicting Lease provision as if that
provision was originally made a part of this Lease.
ARTICLE 6 — MAINTENANCE, REPAIR, ALTERATIONS AND RENOVATIONS BY LANDLORD
Section 6.1 — Maintenance. Repair and Replacement. Landlord shall only be responsible for
and shall expeditiously maintain and repair the Common Areas, foundations, structures and roofs
of the Premises in their condition as they exist at the execution of this Lease, less reasonable wear
and tear over the Term, provided that:
A. If all or part of the Premises is damaged or impaired, subject to Article 15 below, Landlord
shall have a reasonable time in which to complete the necessary repair or replacement or
terminate this Lease;
B. Landlord shall use reasonable diligence in carrying out its obligations under this Article 6,
but shall not be liable under any circumstances for any consequential damage to any
person or property for any failure to do so; and
C. Nothing contained herein shall be in derogation of the provisions of Article 15 regarding
Destruction of the Premises.
D. Under no circumstances shall Landlord be liable to Tenant for any damage suffered by
Tenant, its employees, agents, customers or invitees as a result of moisture or water inside
the Premises whether caused by natural disasters and other acts of God, leaks in the
structure or roof, or in the plumbing.
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E. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any
damage or inconvenience, and Tenant shall not be entitled to any damages nor any
abatement or reduction of rent by reason of any repairs, alterations or additions made to
the Premises by Landlord under this Lease, or for any work related to the Landlord
preparing the Premises for redevelopment.
Section 6.2 — Alterations by Landlord. Landlord may from time to time make repairs,
replacements, changes or additions to the structure, systems, facilities and equipment in the
Premises where necessary to serve the Premises; provided, however, that in so doing Landlord
shall not disturb or interfere with Tenant's use of the Premises and operation of its business any
more than is reasonably necessary under the circumstances and shall repair any damage to the
Premises caused thereby.
Section 6.3 — Renovation by Landlord. In the event Landlord determines it is necessary to
renovate the Premises of the Tenant, and said renovation may significantly impact Tenant's use of
the Premises, Landlord may do so upon not less than sixty (60) calendar days notice.
Section 6.4 — Access by Landlord. Tenant shall permit Landlord or Landlord's agents to enter
the Premises at all reasonable hours, including outside normal business hours, and, during normal
business hours where such will not unreasonably disturb or interfere with Tenant's use of the
Premises and operation of its business, to examine or inspect -the Premises, to provide services, to
make repairs, replacements, changes or alterations as set out in this Lease and/or that Tenant may
neglect or refuse to make in accordance with the provisions of this Lease, and to take such steps
as Landlord may deem necessary for the safety, improvement or preservation of the Premises or
the building. Landlord shall, whenever possible, consult with or give reasonable notice to Tenant
prior to such entry, but no such entry shall constitute an eviction or entitle Tenant to any
abatement of Rent.
ARTICLE 7 — MAINTENANCE, REPAIR, ALTERATIONS AND IMPROVEMENTS BY TENANT
Section 7.1 — Condition of Premises. Except to the extent that Landlord is specifically
responsible under Article 6 of this Lease, Tenant shall maintain the Premises and all improvements
therein in a clean, sanitary and good condition, as they exist at the execution of this Lease, less
reasonable wear and tear, at Tenant's sole cost and expense.
Section 7.2 — HVAC Maintenance. Tenant shall be responsible for routine maintenance of the
heating ventilation and air conditioning (HVAC) system and shall maintain at all times a service
agreement at Tenant's expenses. Tenant shall be responsible for all repairs and maintenance of
the HVAC unit(s). Landlord shall require written receipts of all HVAC maintenance and repairs or
replacement.
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Section 7.3— Alterations by Tenant. Tenant may from time to time at Tenant's own expense
make changes, additions and improvements in the Premises to better adapt the same to its
business, provided that any such change, addition or improvement shall:
A. Be performed in a satisfactory manner and shall not weaken or impair the structural
strength, or lessen the value, of the building or Premises, or change the purposes for which
the building, or any part of the building, may be used; and
B. Comply with the requirements of any governmental authority having jurisdiction; and
C. Equal or exceed the then current standard for the building; and
D. Require the prior written consent of Landlord; and
E. Require the Tenant to obtain appropriate builder's risk or other additional insurance
coverages or bonds during the construction, if applicable and upon Landlord's request.
Should Tenant make changes, additions and improvements without complying with the provisions
of this Section, Tenant shall be fully liable to Landlord to restore the Premises to the same or
better condition that existed prior to the unauthorized changes, additions and improvements. If
Tenant fails to make the restorations within the time prescribed by Landlord, Landlord may, at its
discretion, immediately terminate this Lease, without penalty, and restore the Premises at Tenant's
sole expense.
Section 7.4 — Trade Fixtures and Personal Property. Tenant may install in the Premises its usual
trade fixtures and personal property in a proper manner, provided that no such installation shall
interfere with or damage the mechanical or electrical systems or the structure of the building. If
Tenant is not then in default hereunder, trade fixtures and personal property installed in the
Premises by Tenant may be removed from the Premises:
A. From time to time in the ordinary course of Tenant's business or in the course of
reconstruction, renovation, or alteration of the Premises by Tenant; and
B. During a reasonable period prior to the expiration of the Term;
provided that Tenant promptly repairs at its own expense any damage to the Premises or building
resulting from such installation and removal.
Section 7.5 — Laws. Building. Fire and Life Safety Codes. Tenant shall comply with all
applicable laws including, but not limited to the Cape Canaveral City Code, Florida Building Code
and Florida Fire Prevention and Life Safety Codes. Tenant shall install, keep and maintain at
Tenant's cost and expense any and all supplies, equipment or the like required by government
authorities charged with the enforcement of such laws.
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ARTICLE 8 - TAXES
Section 8.1 — Tenant's Taxes. Tenant shall pay on or before the last day on which payment may
be made without penalty or interest, all applicable taxes, assessments, or other governmental
charges that shall or may during the Lease Term be imposed on, or arise in connection with the
use of, the Premises or any part of the Premises including, but not limited to:
A. Florida state sales tax, if applicable, and all other applicable taxes, including governmental
leasehold intangible personal property taxes, other than income taxes and taxes of a
similar nature, due on rentals, including city, state, county and federal taxes that may be
in effect from time to time; and
B. Taxes associated with the operations at, occupancy of, or conduct of business in or from
the Premises by or with the permission of Tenant; and
C. Taxes on fixtures or personal property in the Premises which do not belong to the
Landlord; and
D. It is the intention of the parties that the rent specified in this Lease is net rental, and
Landlord shall receive such rent free from all taxes that are made payable by Tenant; and
E. Any applicable taxes as per Section 4.1 of this Lease.
Section 8.2 — Notice of Payment of Taxes. Tenant shall, within seven (7) calendar days after the
time provided for the payment of any applicable tax or other governmental charge by Tenant,
produce and exhibit to Landlord satisfactory evidence of the payment.
ARTICLE 9 — UTILITIES
Landlord shall provide or cause to be provided the mains, conduits and other facilities necessary
to supply water, gas, electricity, telephone service and sewage service to the Leased Premises.
Tenant shall be responsible, at its expense, for connecting or hooking up to such utilities, directly
with the appropriate utility company furnishing same. Landlord shall provide routine maintenance,
painting and electric lighting service for the Common Area in the manner and to the extent
deemed by Landlord to be standard, and dumpsters and dumpster service sufficient to adequately
serve the United Agencies Building. Tenant shall promptly pay all charges, impact fees, deposits,
meter fees and connection fees for electricity, gas, and telephone service and other utilities
furnished to the Leased Premises. If any of the equipment or machinery necessary or useful for
provision of any utility services, and for which Landlord is responsible, breaks down, or for any
cause ceases to function properly, Landlord shall use best efforts to repair the same promptly, but
Tenant shall have no claim for rebate of rent or damages on account of any interruption in service
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occasioned from the repairs. Landlord shall not be liable to Tenant for losses to Tenant's property
or personal injury caused by criminal acts or entry by unauthorized persons into the Leased
Premises or the Property, not the result of Landlord's negligence or willful act.
Tenant shall keep all refuse, waste and garbage in appropriate closed containers within the interior
of the Leased Premises and, on not less than a daily basis, Tenant shall transfer such material to a
designated dumpster located in the Common Area, which dumpster shall be provided by
Landlord. Tenant shall ensure that the lids to the dumpster shall remain closed when not being
used. Under no circumstances shall Tenant otherwise place, store or discard such materials or any
container or equipment related thereto in the Common Areas of the United Agencies Building.
Tenant shall not place any material in the dumpster provided by Landlord if such disposal
constitutes a violation of any law, ordinance, regulation rule or policy of any governmental body
having jurisdiction.
ARTICLE 10 — INSURANCE
Section 10.1 — Insurance Requirements of the Tenant relating to the Premises. During the
Term, Tenant shall maintain at its own expense:
A. Flood insurance, fire insurance with extended coverage and water damage insurance in
amounts sufficient to fully cover Tenant alterations and all property in the Premises which
is not owned by Landlord; and
B. Commercial General Liability or Business owners' Liability insurance against claims for
death, personal injury and property damage in or about the Premises, in amounts which
are from time to time acceptable to a prudent Tenant in the community in which the
Premises is located, but not less than One Million Dollars ($1,000,000.00) combined single
limit, in respect of each occurrence. Coverage shall include:
i. Premises and Operation.
ii. Independent Contractors.
iii. Broad Form Property Damage.
iv. Broad Form Contractual Coverage applicable to this specific Lease,
including any hold harmless and/or indemnification agreement.
v. Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
vi. Fire damage legal liability.
C. Business property coverage for loss of alterations to the Premises and Tenant equipment
and facilities for no less than One Hundred Percent (100%) of the full replacement cost of
the covered property; and
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D. Workers' Compensation Insurance adequate in at least such amounts as are required by
law; and
E. As applicable, if Tenant owns vehicles for transport to and from the facility, automobile
liability coverage with coverage limit of not less than $500,000 combined single limit bodily
injury and minimum $500,000 property damage as the combined single limit for each
occurrence to protect the Tenant from claims for damages for bodily injury, including
wrongful death, as well as from claims from property damage, which may arise from the
ownership, use, or maintenance of owned and non -owned automobiles, including rented
automobiles whether such operations be by the Tenant or by anyone directly or indirectly
employed by the Tenant; and
All insurance required to be maintained by Tenant must, unless otherwise granted prior approval
by the Landlord in writing, be issued by carriers having a Best's Rating of A or better, and a Best's
Financial Size Category of VIII, or better, and/or Standard & Poor Insurance Solvency Review A-,
or better, and authorized to engage in the business of insurance in the State of Florida. All policies
for insurance required pursuant to Article 10 shall name Landlord and Tenant as the insureds as
their respective interests may appear, excluding worker's compensation policies, shall contain
standard mortgagee clauses in favor of the holders of any mortgages on the Landlord's property,
shall be in a form and with an insurer reasonably acceptable to Landlord, shall require at least
thirty (30) days written notice to Landlord of termination or material alteration during the Term,
and shall waive, to the extent available, any right of subrogation against Landlord. Tenant shall
promptly deliver to Landlord certified copies or other evidence of such policies prior to
commencement of this Lease and thereafter at least 30 days prior to the expiration of current
policies or on replacement of each certified coverage and within 10 days of Landlord's request for
an updated certificate. The insurance requirements set forth herein shall not relieve or limit the
liability of the Tenant. The City does not in any way represent that these types or amounts of
insurance are sufficient or adequate to protect the Tenant's interest or liabilities, but are merely
minimums.
Section 10.2 — Personal Property. All personal property housed or placed at the Premises shall
be at the risk of Tenant, and the Landlord shall have no liability for any damage or loss to any
personal property located thereon for any cause whatsoever. The Tenant agrees and understands
that the Landlord does not and shall not carry liability, fire, or theft insurance on the operation of
the Premises to cover the Tenant's interest therein.
Section 10.3 — Contractors. Tenant shall require all contractors performing work within the
Premises to procure and maintain workers' compensation, commercial general liability, and
business auto liability. Both Tenant and Landlord shall be listed as additional insureds on all
general liability policies of all such contractors.
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ARTICLE 11 — INDEMNITY
Tenant agrees to indemnify, reimburse, defend and hold harmless the Landlord and, at Landlord's
option, defend or pay for an attorney selected by the City to defend the City and City's officers,
agents, attorneys and employees for, from and against any and all liability, claims, demands,
damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions,
including attorney's fees of any kind and nature including, but not limited to, claims for bodily
injury, sickness, disease, death or personal injury or damage to property or loss of use resulting
therefrom of third parties, arising or growing out of, or in any way connected with (1) the use,
occupation, management, maintenance, repair, construction, or control of the Premises by Tenant
or its agents, servants, employees, customers, patrons, or invitees; (2) any act or omission of the
Tenant or its agents, servants, employees, customers, patrons, or invitees arising out of this Lease,
including, but not limited to, those claims arising in conjunction with use of the facility, improper,
or defective maintenance, or installation; (3) a failure by Tenant to perform any of the terms of
conditions of this Lease; (4) failure by Tenant or its agents, servants, employees, customers,
patrons, or invitees to comply with any law of any governmental authority; (5) burglary, theft,
vandalism, malicious mischief or other illegal acts performed in, at or from the Premises by Tenant
or Tenant's employees or agents; or (6) any mechanic's lien or security interest filed against the
Premises or equipment, materials, or alterations of buildings of improvements on the Premises,
unless such claims are a result of the Landlord's sole negligence or willful misconduct.
The Tenant specifically assumes potential liability for actions brought by the Tenant's own
employees against the Landlord and, solely for the purpose of this indemnification and defense,
the Tenant specifically waives its entitlement, if any, to immunity under Section 440.11, Florida
Statutes. This waiver has been specifically and mutually negotiated by the parties.
Tenant recognizes the broad nature of this indemnification and hold harmless clause, as well as
the provision of a legal defense to City when necessary, and voluntarily makes this covenant and
expressly acknowledges the receipt of such good and valuable consideration provided by City in
support of these indemnification, legal defense and hold harmless contractual obligations in
accordance with the laws of the State of Florida. This Article shall survive the termination of this
Lease. Compliance with any insurance requirements required elsewhere within this Lease shall
not relieve Tenant of its liability and obligation to defend, hold harmless and indemnify City as set
forth in this Article of the Lease. Nothing herein shall be construed to extend City's liability beyond
that provided in Section 768.28, Florida Statutes. Tenant's obligations under this Article shall
survive the expiration or termination of this Lease.
ARTICLE 12 — TRANSFERS BY LANDLORD
Nothing in this Lease shall restrict the right of the Landlord to sell, convey, assign,
mortgage or otherwise deal with the Landlord's property or the right of Landlord to assign its
interest in this Lease subject only to the rights of Tenant under this Lease.
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ARTICLE 13 — DEFAULT OR BREACH
Each of the following events shall constitute a default or breach of this Lease by Tenant:
A. If Tenant, or any successor or assignee of Tenant while in possession, shall file a petition
in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall
voluntarily take advantage of any such act by answer or otherwise, or shall make an
assignment for the benefit of creditors.
B. If Tenant shall fail to pay Landlord any rent or additional rent when the rent shall become
due and shall not make the payment within five (5) calendar days of its due date.
C. If Tenant shall fail to perform or comply with any of the conditions of this Lease.
D. If Tenant shall vacate or abandon the Premises.
E. If this Lease or the estate of Tenant under this Lease shall be transferred to or shall pass
to or devolve on any other person or party, except in the manner permitted in this Lease.
Notwithstanding anything else to the contrary herein, Tenant and Landord expressly waive
the statutory notice requirements of Section 83.20, Florida Statutes, and agree that all
notices of default shall be required to be given solely as provided for in this Lease.
ARTICLE 14 — EFFECT OF TENANT DEFAULT OR BREACH
In the event of any default under this Lease, including but not limited to the events as set forth
in Article 13, the rights of Landlord shall be as follows:
A. Landlord shall have the right to cancel and terminate this Lease, as well as all of the right,
title, and interest of Tenant under this Lease, and Tenant shall surrender possession and
vacate the Premises immediately, and Landlord may then or at any time thereafter re-enter
and take complete control and peaceful possession of the Premises, with or without
process of law, full or complete license to do so being granted by Tenant to Landlord, and
Landlord may remove all occupants and property therefrom, using such force as may be
necessary, without being deemed in any manner guilty of trespass, eviction or forcible
entry and detainer and without relinquishing Landlord's right to rent or any other right
given to Landlord hereinunder or operation of law.
B. Landlord may elect, but shall not be obligated, to make any payment required of Tenant
in this Lease or comply with any agreement, term, or condition required by this Lease to
be performed by Tenant. The cost of such payment or action to comply shall be
reimbursed to Landlord by the Tenant. Landlord shall have the right to enter the Premises
for the purpose of correcting or remedying any such default and to remain until the default
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has been corrected or remedied, but any expenditure for the correction by Landlord shall
not be deemed to waive or release the default of Tenant or the right of Landlord to take
any action as may be otherwise permissible under this Lease in the case of any default,
including holding Tenant responsible for any Landlord expenditure.
C. Landlord may terminate the right of the Tenant to possession of the Premises without
terminating the Lease by giving Tenant notice thereof, then Landlord may reenter the
Premises immediately and remove the property and personnel of Tenant, and store the
property in a public warehouse or at a place selected by Landlord, at the expense of
Tenant, except to the extent that a court order pursuant to an action or proceeding at law
is required pursuant to section 83.05, Florida Statutes. The Landlord shall not be entitled
to "lock Tenant out" or utilize any other self-help measures to dispossess Tenant absent a
court order, except as permitted by section 83.05, Florida Statutes. On termination,
Landlord may recover from Tenant all damages proximately resulting from the breach,
including the cost of recovering the Premises and the value of the balance of this Lease
over the reasonable rental value of the Premises for the remainder of the Lease term, which
sum shall be immediately due Landlord from Tenant.
D. After reentry, Landlord may, at its sole discretion, relet the Premises or any part of the
Premises for any term without terminating this Lease, at the rent and on the terms as
Landlord may choose. Landlord may make alterations and repairs to the Premises. The
duties and liabilities of the parties if the Premises are relet as provided in this section shall
be as follows:
i. In addition to Tenant's liability to Landlord for breach of the Lease, Tenant
shall be liable for all expenses of the reletting, for the alterations and repairs
made, and for the difference between the rent received by Landlord under
the new Lease and the rent installments that are due for the same period
under this Lease.
ii. Landlord shall have the right, but shall not be required, to apply the rent
received from reletting the Premises to: (1) reduce the indebtedness of
Tenant to Landlord under this Lease, not including indebtedness for rent;
(2) expenses of the reletting and alterations and repairs made; (3) rent due
under this Lease; or (4) to payment of future rent under this Lease as it
becomes due.
iii. If the new tenant does not pay a rent installment promptly to Landlord, and
the rent installment has been credited in advance of payment to the
indebtedness of Tenant other than rent, or if rentals from the new tenant
have been otherwise applied by Landlord as provided for in this section and
during any rent installment period are less than the rent payable for the
corresponding installment period under this Lease, Tenant shall pay
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Landlord the deficiency, separately for each rent installment deficiency
period, and before the end of that period. Landlord may at any time after a
reletting terminate this Lease for the breach on which Landlord had based
the reentry and subsequently relet the Premises.
iv. After reentry, Landlord may procure the appointment of a receiver to take
possession and collect rents and profits of the business of Tenant. The
receiver may carry on the business of Tenant and take possession of the
personal property used in the business of Tenant, including inventory, trade
fixtures, and furnishings, and use them in the business without
compensating Tenant. Proceedings for the appointment of a receiver by
Landlord, or the appointment of a receiver and the conduct of the business
of Tenant by the receiver, shall not terminate and forfeit this Lease unless
Landlord has given written notice of termination to Tenant as provided in
this Lease.
E. Landlord may enforce the provisions of this Lease and may enforce and protect the
rights of Landlord hereunder by a suit or suits in equity or law for specific performance of
any covenant or agreement contained herein, or for the enforcement of any other legal or
equitable remedy, including recovery of all monies due or to become due from Tenant
and reimbursement of reasonable attorney's fees under any provision of this Lease.
The rights, privileges, elections and remedies of Landlord under this Lease shall be cumulative,
and Landlord shall have the right to exercise such remedies at any time and from time to time
singularly or in combination. No termination of this Lease shall be deemed to limit or negate
Landlord's rights hereunder to indemnification from Tenant (or Tenant's insurance carriers) for
any claim or liability asserted against or imposed upon Landlord, whether before or after the
termination of this Lease, which is directly or indirectly based upon death, personal injury, property
damage or other matters occurring prior to the termination hereof.
ARTICLE 15 — DESTRUCTION OF PREMISES
In the event of a partial or total destruction of the Premises by no fault of the Tenant
during the term of this Lease as a result of fire, earthquake, accident or other casualty, Landlord
may at its sole option terminate this Lease or promptly repair such damage to substantially the
condition in which the same existed prior to the casualty, provided the repairs can be made within
a reasonable number of days under the laws and regulations of applicable governmental
authorities and the cost of repairs are budgeted and appropriated by the City of Cape Canaveral
City Council. Upon such partial or total destruction and election of the City Council to repair such
destruction, the Lease shall neither annul nor be void, except that Tenant shall be entitled to a
proportionate reduction of rent while the repairs are being made, any proportionate reduction
being based on the extent to which the making of repairs shall interfere with the business carried
on by Tenant on the Premises. In the event that Landlord does not elect to make repairs or is
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unable to restore the Premises within a reasonable number of days, this Lease shall be terminated
at the option of the Landlord and rent abated as of the date of the total or partial destruction. If
total or partial destruction occurs as a result of an act of Tenant or Tenant's employees, agents,
customers or invitees, Landlord shall have the right of termination, and no reduction in rent shall
be made.
ARTICLE 16 — CONDEMNATION
Rights and duties in the event of condemnation subsequent to the effective date of this
Lease are as follows:
A. If the whole of the Premises shall be taken or condemned by any competent authority
for any public or quasi -public use or purpose or in the event of a partial taking in which
the balance of the Premises remaining cannot suitably be used by Tenant for its
purposes herein stated, this Lease shall cease and terminate as of the date on which
title shall vest in that authority, and the rent reserved under this Lease shall be
apportioned and paid up to that date.
B. If only a portion of the Premises shall be taken or condemned and the balance of the
Premises can be suitably used by Tenant for its purposes herein stated, this Lease shall
not cease or terminate, but the rent payable after the date on which Tenant shall be
required to surrender possession of such portion shall be reduced in proportion to the
decreased use suffered by Tenant as the parties may agree.
C. In the event of any taking or condemnation in whole or in part, the entire resulting
award of compensation or proceeds shall belong to Landlord without any deduction
from such award for the value of the unexpired term of this Lease or for any other
estate or interest in the Premises now or later vested in Tenant. Tenant assigns to
Landlord all Tenant's right, title, and interest in any and all such awards and waives any
claim therefor.
ARTICLE 17 — SUBORDINATION
This Lease and all rights of Tenant under this Lease shall be subject and subordinate to the
lien of any and all mortgages or grants that may now or in the future affect the Premises, or any
part of the Premises, and to any and all renewals, modifications, or extensions of any such
mortgages or grants. Tenant shall on demand execute, acknowledge, and deliver to Landlord,
without expense to Landlord, any and all instruments that may be necessary or proper to
subordinate this Lease and all rights in this Lease to the lien of any such mortgage(s) and grant(s).
If Tenant shall fail at any time to execute, acknowledge, and deliver any such subordination
instrument, Landlord, in addition to any other remedies available in consequence of such failure,
may execute, acknowledge, and deliver the subordination instrument as Tenant's attorney -in -fact
and in Tenant's name. Tenant irrevocably makes, constitutes, and appoints Landlord, its successors
LEASE AGREEMENT
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and assigns, Tenant's attorney -in -fact for that purpose.
ARTICLE 18 — ACCESS TO PREMISES; SIGNS POSTED BY LANDLORD
Tenant shall permit Landlord or its agents to enter the Premises at all reasonable hours to
inspect the Premises, make repairs that Tenant may neglect or refuse to make in accordance with
the provisions of this Lease, and also to show the Premises to prospective buyers or government
officials in the course of the City of Cape Canaveral's municipal functions.
ARTICLE 19 — EASEMENTS, AGREEMENTS, OR ENCUMBRANCES
The parties shall be bound by all existing easements, agreements, and encumbrances,
which may or may not be of record relating to the Premises, and Landlord shall not be liable to
Tenant for any damages resulting from any action taken by a holder of an interest pursuant to the
rights of that holder.
ARTICLE 20 — QUIET ENJOYMENT
Subject to the terms and conditions of this Lease, Landlord warrants that Tenant shall be
granted peaceable and quiet enjoyment of the Premises, on a month -to -month basis, free from
any eviction or interference by Landlord if Tenant pays the rent and other charges provided in this
Lease, and otherwise fully and punctually performs the terms and conditions imposed on Tenant.
ARTICLE 21 — LIABILITY OF LANDLORD
Tenant shall be in exclusive control and possession of the Premises, and Landlord shall not
be liable for any injury or damages to any property or to any person on or about the Premises or
for any injury or damage to any property of Tenant. The provisions of this Lease permitting
Landlord to enter and inspect the Premises are made to ensure that Tenant is in compliance with
the terms and conditions of this Lease and to ensure that Tenant makes repairs that Tenant has
failed to make. Landlord shall not be liable to Tenant for any entry on the Premises for inspection
purposes.
ARTICLE 22 — RENT ABATEMENT
No abatement, diminution, or reduction of rent shall be claimed or allowed to Tenant or
any person claiming under Tenant under any circumstances, whether for inconvenience,
discomfort, interruption of business, or otherwise, arising from the making of alterations,
improvements, or repairs to the Premises, because of any governmental laws, or arising from and
during the restoration of the Premises after their destruction or damage by fire or other cause, or
the taking or condemnation of a portion only of the Premises, except as provided in Articles 6 and
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15.
ARTICLE 23 — REPRESENTATIONS BY LANDLORD
At the commencement of the term, Tenant shall accept the Premises and improvements
and any equipment in their existing "as is" condition and state of repair, and Tenant agrees that
no representations, statements, or warranties, express or implied, have been made by or on behalf
of Landlord in respect to the buildings, improvements and equipment, except as contained in the
provisions of this Lease.
ARTICLE 24 — NOTICES
Communication and details concerning this Lease shall be directed in writing to the
following contact representatives (whether or not Tenant has departed from, vacated, or
abandoned the same):
City of Cape Canaveral
Attention: City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Tenant:
N. Atlantic Avenue
Cape Canaveral, FL 32320
Any Notice given as provided herein shall be deemed received as follows: if delivered by personal
service, on the date so delivered; if delivered to an overnight courier service, on the business day
immediately following delivery to such service; and if mailed by First Class and Certified or
Registered mail, on the third business day after mailing. Either party shall have the right to
designate by notice, in the manner above set forth, a different address to which notices are to be
mailed.
ARTICLE 25 — ASSIGNMENT, SUBLEASE OR SALE
Section 25.1 — Assignment or Sublease by Tenant. Neither Tenant nor Tenant's successors or
assigns shall assign, mortgage, pledge, or encumber this Lease or sublet the Premises in whole or
in part, or permit the Premises to be used or occupied by others, nor shall this Lease be assigned
or transferred by operation of law, without the prior, express, and written consent in writing of
Landlord in each instance. If this Lease is assigned or transferred, or if all or any part of the
Premises is sublet or occupied by anybody other than Tenant, Landlord may, after default by
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Tenant, collect rent from the assignee, transferee, subtenant, or occupant, and apply the net
amount collected to the rent reserved in this Lease. However, any such assignment, subletting,
occupancy, or collection shall not be deemed a waiver of any agreement or condition of this Lease,
or the acceptance of the assignee, transferee, subtenant, or occupant as Tenant. Tenant shall
continue to be liable under this Lease in accordance with its terms and conditions and shall not
be released from the performance of the terms and conditions of this Lease.
Section 25.2 — Assignment by Landlord. Landlord shall have the right to transfer, assign and
convey, in whole or in part, any and all of its rights under this Lease provided that the assignee
and any assignee of the fee simple title of the Premises assume the obligations and duties of
Landlord arising under this Lease.
Section 25.3 — Sale, Conveyance and Assignment. Nothing in this Lease shall restrict the right
of the Landlord to sell, convey, assign, mortgage, demolish the building and redevelop the
Property, or otherwise deal with the Premises or the right of Landlord to assign its interest in this
Lease subject only to the rights of Tenant to lease the Premises only on a short-term, month -to -
month basis under the terms and conditions of this Lease.
ARTICLE 26 — SURRENDER OF POSSESSION; HOLDING OVER
Tenant shall, on the last day of the term, or on earlier termination and forfeiture of this
Lease, peaceably and quietly surrender and deliver the Premises to Landlord free of subtenancies,
including all buildings, additions, and improvements constructed or placed on the Premises by
Tenant, except moveable trade fixtures, all in good condition and repair. If Landlord so elects, any
trade fixtures or personal property belonging to Tenant, if not removed at the termination or
forfeiture of this Lease, shall be deemed abandoned and become the property of Landlord without
any payment or offset for such fixtures or property. At Landlord's election, Landlord may remove
such fixtures or property from the Premises and store them at the risk and expense of Tenant.
Tenant shall repair and restore all damage to the Premises caused by the removal of equipment,
trade fixtures, and personal property. If, without Landlord's express written consent, Tenant or
any other person claiming for, through, by or under Tenant, shall hold the Premises or any part
thereof for any period of time after the same should have been surrendered under the provisions
of this Lease, then Tenant and such other person shall be subject to eviction or removal, forcible
or otherwise, as allowed by law, it being understood that Landlord shall at all times have available
all remedies, rights and proceedings available to Landlord with respect to the collection of rents
or the repossession of the Premises under the laws of the State of Florida. If such holdover is
without the express consent of Landlord, Tenant shall pay Landlord on demand (in addition to
any other sums payable under this Lease) monthly rent (and sales tax) for the period of such
holdover in an amount equal to twice the monthly rent which would have been payable by Tenant
had the holdover period been a part of the original term of this Lease, without waiver of Landlord's
right to recover damages as permitted by law.
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ARTICLE 27 - MISCELLANEOUS
Section 27.1 — Relationship of Parties. Nothing contained in this Lease shall create any
relationship between the parties hereto other than that of Landlord and Tenant, and it is
acknowledged and agreed that Landlord does not in any way or for any purpose become a partner
of Tenant in the conduct of its business, or a joint venturer or a member of a joint or common
enterprise with Tenant.
Section 27.2 — Attorney's Fees. Should any litigation arise concerning this Lease between the
Parties, the Parties agree to bear their own costs and attorney's fees, whether at settlement, trial
or on appeal, except as expressly provided otherwise herein. Further, Tenant shall promptly pay
to Landlord all costs and expenses of collection, including a reasonable attorneys' fee, with respect
to any part of the rent and other charges and sums of money herein reserved or required by
Tenant to be paid and met, which may be sustained or incurred by Landlord, after the date the
same or any part thereof, becomes due.
Section 27.3 — Right to Refuse Admission and to Eject. Landlord reserves the right to refuse
admission to the Premises, outside of ordinary business hours, to any person not known by
Landlord or properly identified; to eject any person from the Premises whose conduct may tend
to be harmful to the safety and interests of the Premises, the Tenants and the property thereon;
to close any part of the Premises during any riot or other commotion where person or property
may be impaired or prior to, during, or after a Hurricane or other natural disaster.
Section 27.4 — Tenant Not to Allow Lien or Encumbrances. Tenant shall not permit to be
created nor to remain undischarged any lien, encumbrance, or charge arising out of any work of
any contractor, mechanic, laborer, or materialman which might be or become a lien or
encumbrance or charge upon the Premises of which the Premises is a part. If any lien or notice
of lien on the account of any debt of the Tenant shall be filed against the Premises or the property
of which the Premises is a part, and Tenant fails to discharge the lien or notice of lien within twenty
(20) days of filing, Landlord, in addition to any other legal rights or remedies, may, but shall not
be obligated to, discharge the same by either paying the amounts claimed to be due, or shall be
entitled to defend any prosecution of an action for foreclosure of such lien. Any amount paid by
Landlord and all costs and expenses (including reasonable attorneys' fees and interest) incurred
by Landlord in connection therewith shall be paid by Tenant.
Section 27.5 — Waiver. No delay or omission of the exercise of any right of Landlord or any
waiver of any breach or violation of Tenant by Landlord under this Lease shall be construed as a
continuing waiver or consent to any subsequent breach or violation.
Section 27.6 — Entire Agreement. This Lease shall constitute the entire agreement between the
parties. Any prior understanding or representation of any kind preceding the date of this Lease
shall not be binding upon either party except to the extent incorporated in this Lease.
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Section 27.7 — Modification of Lease. Any modification of this Lease or additional obligation
assumed by either party in connection with this Lease shall be binding only if evidenced in a
writing signed by each party or an authorized representative of each party.
Section 27.8 — Binding Effect. This Lease shall bind and inure to the benefit of the respective
heirs, personal representatives, successors, and assigns of the parties.
Section 27.9 - Applicable Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Florida.
Section 27.10 - Time of the Essence. It is specifically declared that time is of the essence in all
provisions of this Lease.
Section 27.11 — Severability. Any provision or part of this Lease held to be void or unenforceable
under any law or regulation shall be deemed stricken and all remaining provisions shall continue
to be valid and binding upon the Landlord and Tenant, who agree that the Lease shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken provision.
Section 27.12 — Article and Section Headings. The titles to the articles, section or paragraphs
of this Lease are solely for the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this Lease.
Section 27.13 — Choice of Law; Venue. This Lease has been made and entered into in the State
of Florida, County of Brevard, and the laws of such state shall govern the validity and interpretation
of this Agreement and the performance due hereunder. Venue for any State Court Action under
the terms of this Lease shall be in Brevard County, Florida. Venue for any Federal Court Action
shall be in Orlando, Florida.
Section 27.14 — Sovereign Immunity. The Landlord intends to avail itself of the benefits of
Section 768.28, Florida Statutes, and any other statutes and common law governing sovereign
immunity to the fullest extent possible. Notwithstanding any other provision set forth in this
Lease, nothing contained in this Lease shall be construed as a waiver of the Landlord's right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the
Landlord's potential liability under state or federal law. As such, the Landlord shall not be liable
under this Lease for punitive damages or interest for the period before judgment. Further, the
Landlord shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement.
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Section 27.15 - Signage for Tenant; Exterior Improvements. Tenant shall be permitted to
maintain its existing sign above its storefront and on the pylon sign at Tenant's sole expense
provided such signage is maintained in good repair. Signage must comply with applicable
provisions of the Cape Canaveral City Code. No other signage shall be permitted on the Premises
without the Landlord's prior written consent. Tenant shall not install any exterior improvements
on the Premises without Landlord's prior written consent.
Section 27.16 — Radon Gas. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county health department. The City has not undertaken any independent study of the
radon levels in the Premises. The above notice should not be construed or interpreted as a notice
that the Premises are exposed to quantities of radon which pose a health risk. The notice is
included in this Lease simply because radon disclosures are now required in all leases pursuant to
Florida law.
Section 27.17 - Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Tenant related, directly or indirectly, to this Lease, may be deemed to be a Public Record whether
in the possession or control of the City or the Tenant. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Tenant is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City's City Manager. Upon request by the City, the Tenant shall
promptly supply copies of said public records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Lease shall at any and all reasonable times
during the normal working hours of the Tenant be open and freely exhibited to the City for the
purpose of examination and/or audit. Failure by Tenant to grant such access and comply with
public records laws and/or requests shall be grounds for immediate unilateral cancellation of this
Lease by the City upon delivery of a written notice of cancellation. If Tenant fails to comply with
this Section, and the City must enforce this Section, or the City suffers a third party award of
attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Tenant's failure
to comply with this Section, the City shall collect from Tenant prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Section against Tenant. And, if
applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages
which the City had to pay a third party because of the Tenant's failure to comply with this Section.
The terms and conditions set forth in this Section shall survive the termination of this Agreement.
Section 27.18 — Civil Rights. The Tenant agrees to comply with any and all federal, state and
local civil rights laws, including, but not limited to Title VI of the Civil Rights Act of 1964 as
amended; Title VII of Civil Rights Act of 1968 as amended; Section 109 of Title I of the Housing
and Community Development Act of 1974; Section 504 of the Rehabilitation Act of 1973; the
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Americans with Disabilities Act of 1990; the Age and Discrimination Act of 1975; Executive Order
11063; and with Executive Order 11246 as amended by Executive Orders 11375 and 12086.
Section 27.19 — Corporate Representations. Each party makes the following representations to
the other:
A. Each party is duly organized and in good standing under the laws of the State of Florida,
and is duly qualified and authorized to carry on the functions, responsibilities, and obligations in
this Agreement.
B. The undersigned signatory for each party has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Lease and all applicable exhibits thereto,
and the execution, delivery, and performance hereof by Tenant and Landlord (respectively) has
been duly authorized by all necessary parties. In support of said representation by Tenant, Tenant
agrees to provide, if requested by the City, a copy to the City of a corporate certificate of good
standing provided by the State of Florida prior to, or any time after, the execution of this
Agreement.
Section 27.20 — Excusable Delay. For purposes of this Lease, the term "Excusable Delay" shall
mean and be limited to any delays (other than the payment of monetary obligations and
compliance with the termination provisions set forth in this Lease) due to civil commotion, war or
warlike operations, acts of terrorism, acts of a public enemy, invasion, rebellion, hostilities, military
or usurped power, sabotage, government regulations or controls, inability to obtain any material,
utility, or service because of direct governmental restrictions, hurricanes, floods, or other natural
disasters, or acts of God. Any party seeking to excuse or delay performance due to an Excusable
Delay under this Section will provide detailed written notice to the other party of the nature and
anticipated duration of the delay within ten (10) days of the event. A party claiming the benefit
of an Excusable Delay shall use reasonable efforts to avoid or overcome the causes affecting
performance and diligently fulfill all outstanding obligations within thirty (30) days unless
otherwise required under this Lease. The thirty (30) day time -period may be extended upon
mutual written agreement by the parties, if it is determined by the party not claiming the benefit
of an Excusable Delay, that the nature and anticipated duration of the delay warrant such
extension.
Section 27.22 — Landlord Rules and Regulations. Tenant shall comply with any written rules
and regulations promulgated to all Tenants by Landlord related to the use, safety, security, and
maintenance of the Premises
Section 27.23 — No Recordation. This Agreement shall be not be recorded in the public records
of Brevard County, Florida.
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In witness, each party to this Lease has caused it to be executed on the date indicated below.
WITNESSES: LANDLORD:
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL, FLORIDA
Todd Morley, City Manager
Date:
The foregoing instrument was acknowledged before me by means of () physical
presence or (__) online notarization, this day of , 2022, by Todd Morley, the City
Manager of the City of Cape Canaveral, Florida, a Florida municipal corporation. He is personally
known to me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
WITNESSES: TENANT:
By:
Date:
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization, this day of , 2022, by
She is personally known to me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
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CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Ordinance No. 13-2021; 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, first reading.
and
Ordinance No. 14-2021; 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; providing for the repeal
of prior inconsistent ordinances and resolutions, severability and an effective date, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase 11. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the 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.
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
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 3_
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject parcel is built -out, this
analysis is not provided.
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 3_
Page 3 of 3
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinances.
Submitting Department Director: David Dickey;/ Date: 01/10/22
Attachments:
1. Ordinance No. 13-2021 w/Exhibit "A"
2. Ordinance No. 14-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo , Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve ordinance No. 13-2021 on first reading; and
2. Approve Ordinance No. 14-2021 on first reading.
Approved by City Manager: Todd Morley Date 01/10/22
1
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 COMMERCIAL" TO
12 "R-2 RESIDENTIAL;" PROVIDING 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
Page 1 of 3
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
Page 2 of 3
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 , 2022.
84
85
86
87
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92 Kim Davis
93
94 Mia Goforth, CMC Mickie Kellum
95 City Clerk
96 Wes Morrison
97
98 Angela Raymond
99
100 Don Willis
101
102
103 LPA/Planning & Zoning Board: December 8, 2021
104 First Reading: January 18, 2022
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
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EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OCEAN GARDENS
101 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
102 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
103 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
104 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
105 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
106 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
107 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
108 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
109 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
110 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
111 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
112 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
114 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
116 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
117 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
118 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
119 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
120 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
122 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
124 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
125 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
126 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
127 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
128 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
129 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
130 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
131 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
132 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
133 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
134 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
135 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
136 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
137 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
24-37-14-73-*-19
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24-37-14-73-*-20
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24-37-14-73-*-21
24-37-14-73-*-29
24-37-14-73-*-22
24-37-14-73-*-26
24-37-14-71-A
138 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
139 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
140 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
141 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
142 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
143 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
144 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
149 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
UNKNOWN FL
Exhibit "A"
Ordinance 13-2021
southgate Mobile Homes
Anchorage Ave
Oak Ln
Harbor Dr
Ocean Garden Ln
N.Atlantic Ave
Ocean Woods Blvd
Oak Manor Dr
Central Blvd
E Central Blvd
Legend
ROADWAYS
OCEAN GARDENS WAVE (OCEAN GARDEN LN)
CITY OF CAPE CANAVERAL BOUNDARY
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey Esri Japan, MET!, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
2
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 the City's Official 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. 14-2021
Page 1 of 3
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 City's
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
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become effective
8 immediately upon the effective date of Ordinance 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 , 2022.
14
15
16 Wes Morrison, Mayor
17 ATTEST: For Against
18
19 Kim Davis
20
21 Mia Goforth, CMC Mickie Kellum
22 City Clerk
23 Wes Morrison
24
25 Angela Raymond
26
27 Don Willis
28
29 Planning & Zoning Board: December 8, 2021
30 First Reading: January 18, 2022
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
Page 3 of 3
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EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OCEAN GARDENS
101 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
102 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
103 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
104 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
105 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
106 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
107 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
108 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
109 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
110 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
111 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
112 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
114 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
116 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
117 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
118 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
119 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
120 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
122 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
124 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
125 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
126 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
127 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
128 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
129 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
130 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
131 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
132 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
133 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
134 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
135 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
136 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
137 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
24-37-14-73-*-19
24-37-14-73-*-31
24-37-14-73-*-20
24-37-14-73-*-30
24-37-14-73-*-21
24-37-14-73-*-29
24-37-14-73-*-22
24-37-14-73-*-26
24-37-14-71-A
138 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
139 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
140 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
141 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
142 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
143 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
144 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
149 OCEAN GARDEN LN CAPE CANAVERAL FL 32920
UNKNOWN FL
Exhibit "A"
Ordinance 14-2021
Southgate Mobile Homes
Ancgorage Ave
Oak Ln
Ocean Garden Ln
Oak Manor Dr
Central Blvd W
N. Atlantic Ave
Harbor Dr
Ocean Woods Blvd
E Central Blvd
Legend
ROADWAYS
OCEAN GARDENS WAVE (OCEAN GARDEN LN)
CITY OF CAPE CANAVERAL BOUNDARY
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey Esri Japan, MET!, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Ordinance No. 15-2021; 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, first reading.
and
Ordinance No. 16-2021; 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, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase II. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the 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
City Council Meeting • January 18, 2022
Agenda Item # 4_
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject parcel is built -out, this
analysis is not provided.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 4_
Page 3 of 3
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinances.
Submitting Department Director: David Dickey Date: 01/10/22
Attachments:
1. Ordinance No. 15-2021 w/Exhibit "A"
2. Ordinance No. 16-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve Ordinance No. 15-2021 on first reading; and
2. Approve Ordinance No. 16-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
1
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 COMMERCIAL" TO
12 "R-2 RESIDENTIAL;" PROVIDING 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
Page 1 of 3
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
Page 2 of 3
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 , 2022.
84
85
86
87
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92 Kim Davis
93
94 Mia Goforth, CMC Mickie Kellum
95 City Clerk
96 Wes Morrison
97
98 Angela Raymond
99
100 Don Willis
101
102
103 LPA/Planning & Zoning Board: December 8, 2021
104 First Reading: January 18, 2022
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
Page 3 of 3
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EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
SEA SPRAY TOWNHOMES
107 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 15-2021
Portside Ave
Southgate Mobile Homes
Southgate Mobile Homes
Anchorage Ave
Oak Ln
Garden Ln
N. Atlantic Ave
Legend
ROADWAYS
SEA SPRAY TOWNHOMES
CITY OF CAPE CANAVERAL BOUNDARY
Tin Roof Ave
Ocean Park Ln
Beach Park Ln
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
2
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 the City's Official 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. 16-2021
Page 1 of 3
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 City's
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
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become effective
8 immediately upon the effective date of Ordinance 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 , 2022.
14
15
16 Wes Morrison, Mayor
17
18 ATTEST: For Against
19
20 Kim Davis
21
22 Mia Goforth, CMC Mickie Kellum
23 City Clerk
24 Wes Morrison
25
26 Angela Raymond
27
28 Don Willis
29
30 Planning & Zoning Board: December 8, 2021
31 First Reading: January 18, 2022
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
Page 3 of 3
24-37-14-28-*-A.28
24-37-14-28-*-A.29
24-37-14-28-*-A.30
24-37-14-28-*-A.31
24-37-14-28-*-A.32
24-37-14-28-*-A.33
24-37-14-28-*-A.34
24-37-14-28-*-A.XA
24-37-14-28-*-A.35
24-37-14-28-*-A.36
24-37-14-28-*-A.37
24-37-14-28-*-A.38
24-37-14-28-*-A.39
24-37-14-28-*-A.40
24-37-14-28-*-A.41
24-37-14-28-*-A.42
24-37-14-28-*-A.XB
24-37-14-28-*-A.43
24-37-14-28-*-A.44
24-37-14-28-*-A.45
24-37-14-28-*-A.46
24-37-14-28-*-A.47
24-37-14-28-*-A.48
24-37-14-28-*-A.49
24-37-14-28-*-A.50
24-37-14-28-*-A.51
24-37-14-28-*-A.52
24-37-14-28-*-A.53
24-37-14-28-*-A.54
24-37-14-28-*-A.55
24-37-14-28-*-A.56
24-37-14-28-*-A.57
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
SEA SPRAY TOWNHOMES
107 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
107 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920
117 ANCHORAGE AVE UNIT COMMON CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
127 ANCHORAGE AVE UNIT 8 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 1 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 2 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 3 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 4 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 5 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 6 CAPE CANAVERAL FL 32920
137 ANCHORAGE AVE UNIT 7 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 16-2021
Portside Ave
Portside Ave
Southgate Mobile Homes
Southgate Mobile Homes
Anchorage Ave
Oak Ln
OAK Ln
Garden Ln
Legend
ROADWAYS
SEA SPRAY TOWNHOMES
CITY OF CAPE CANAVERAL BOUNDARY
N. Atlantic Ave
Tin Roof Ave
Ocean Park Ln
Seaport Blvd
Beach Park Ln
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Ordinance No. 17-2021; 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, first reading.
and
Ordinance No. 18-2021; 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, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase II. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the 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.
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
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 5_
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject property is built -out,
this analysis is not provided.
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 5_
Page 3 of 3
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance(s).
Submitting Department Director: David Dickey Date: 01/10/22
Attachments:
1. Ordinance No. 17-2021 w/Exhibit "A"
2. Ordinance No. 18-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve Ordinance No. 17-2021 on first reading; and
2. Approve Ordinance No. 18-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
Attachment 1
1
2 ORDINANCE NO. 17-2021
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 CLARA ELIZABETH LANE AND
9 GENERALLY KNOWN AS THE CANAVERAL WOODS
10 CONDOMINIUM, AND MORE PARTICULARLY DEPICTED AND
11 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
12 FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;" PROVIDING
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. 17-2021
Page 1 of 3
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. 17-2021
Page 2 of 3
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 , 2022.
84
85
86
87
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92 Kim Davis
93
94 Mia Goforth, CMC Mickie Kellum
95 City Clerk
96 Wes Morrison
97
98 Angela Raymond
99
100 Don Willis
101
102
103 LPA/Planning & Zoning Board: December 8, 2021
104 First Reading: January 18, 2022
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. 17-2021
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
CANAVERAL WOODS CONDOMINIUM
24-37-14-00-500.S 8715 CLARA ELIZABETH LN CAPE CANAVERAL FL 32920
24-37-14-00-500.R 8717 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.Q 8727 CLARA ELIZABETH LN UNIT 308 CAPE CANAVERAL FL 32920
24-37-14-00-500. I 8728 CLARA ELIZABETH LN UNIT 207 CAPE CANAVERAL FL 32920
24-37-14-00-500.P 8729 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.O 8731 CLARA ELIZABETH LN UNIT 306 CAPE CANAVERAL FL 32920
24-37-14-00-500.G 8732 CLARA ELIZABETH LN UNIT 205 CAPE CANAVERAL FL 32920
24-37-14-00-500.N 8733 CLARA ELIZABETH LN UNIT 305 CAPE CANAVERAL FL 32920
24-37-14-00-500.F 8734 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.K 8739 CLARA ELIZABETH LN UNIT 302 CAPE CANAVERAL FL 32920
24-37-14-00-500.C 8740 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.B 8749 CLARA ELIZABETH LN UNIT 102 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 17-2021
Oak Ln
Ocean Garden Ln
N. Atlantic Ave
Legend
ROADWAYS
CANAVERAL WOODS CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Harbor Dr
Clara Elizabth Ln
OCEAN WOODS BLVD
Seashell Ln
SeaShell Ln
Maple Ct
Banyan Way
Sources: Esri, HERE, Gar in, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Attachment 2
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 the City's Official Zoning Map; 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
Page 1 of 3
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 City's
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
Page 2 of 3
1 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
2 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
3 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
4 the validity of the remaining portions of this Ordinance.
5
6 Section 6. Conditional Effective Date. This Ordinance shall become effective
7 immediately upon the effective date of Ordinance 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 , 2022.
13
14
15 Wes Morrison, Mayor
16
17 ATTEST: For Against
18
19 Kim Davis
20
21 Mia Goforth, CMC Mickie Kellum
22 City Clerk
23 Wes Morrison
24
25 Angela Raymond
26
27 Don Willis
28
29 Planning & Zoning Board: December 8, 2021
30 First Reading: January 18, 2022
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
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
CANAVERAL WOODS CONDOMINIUM
24-37-14-00-500.S 8715 CLARA ELIZABETH LN CAPE CANAVERAL FL 32920
24-37-14-00-500.R 8717 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.Q 8727 CLARA ELIZABETH LN UNIT 308 CAPE CANAVERAL FL 32920
24-37-14-00-500. I 8728 CLARA ELIZABETH LN UNIT 207 CAPE CANAVERAL FL 32920
24-37-14-00-500.P 8729 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.O 8731 CLARA ELIZABETH LN UNIT 306 CAPE CANAVERAL FL 32920
24-37-14-00-500.G 8732 CLARA ELIZABETH LN UNIT 205 CAPE CANAVERAL FL 32920
24-37-14-00-500.N 8733 CLARA ELIZABETH LN UNIT 305 CAPE CANAVERAL FL 32920
24-37-14-00-500.F 8734 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.K 8739 CLARA ELIZABETH LN UNIT 302 CAPE CANAVERAL FL 32920
24-37-14-00-500.C 8740 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.B 8749 CLARA ELIZABETH LN UNIT 102 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 18-2021
Oak Ln
Ocean Garden Ln
Legend
ROADWAYS
CANAVERAL WOODS CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Seashell Ln
Sea Shell Ln
Maple Ct
Banyan Way
Sources: Esri, HERE, Garli in, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 19-2021; 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, first reading.
and
Ordinance No. 20-2021; 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, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase 11. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the property known as Portside Villas 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
City Council Meeting • January 18, 2022
Agenda Item # 6
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject parcel is built -out, this
analysis is not provided.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 6
Page 3 of 3
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinances.
Submitting Department Director: David Dickey Date: 01/10/22
Attachments:
1. Ordinance No. 19-2021 w/Exhibit "A"
2. Ordinance No. 20-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve ordinance No. 19-2021 on first reading; and
2. Approve Ordinance No. 20-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
Attachment 1
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 COMMERCIAL" TO
12 "R-2 RESIDENTIAL;" PROVIDING 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
Page 1 of 3
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
Page 2 of 3
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 , 2022.
84
85
86
87
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92 Kim Davis
93
94 Mia Goforth, CMC Mickie Kellum
95 City Clerk
96 Wes Morrison
97
98 Angela Raymond
99
100 Don Willis
101
102
103 LPA/Planning & Zoning Board: December 8, 2021
104 First Reading: January 18, 2022
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
Page 3 of 3
24-37-14-27-*-B.15
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24-37-14-27-*-A.15
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
PORTSIDE VILLAS CONDOMINIUM
110 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.16
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121 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
130 PORTSIDE AVE UNIT POOL CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.93
24-37-14-27-*-A.XA
24-37-14-27-*-A.34
24-37-14-27-*-A.35
24-37-14-27-*-A.36
24-37-14-27-*-A.37
24-37-14-27-*-A.38
24-37-14-27-*-A.39
24-37-14-27-*-A.40
24-37-14-27-*-A.41
24-37-14-27-*-A.42
24-37-14-27-*-A.43
24-37-14-27-*-A.44
24-37-14-27-*-A.45
24-37-14-27-*-A.46
24-37-14-27-*-A.47
24-37-14-27-*-A.48
24-37-14-27-*-A.49
24-37-14-27-*-A.50
24-37-14-27-*-A.51
24-37-14-27-*-A.52
24-37-14-27-*-A.53
24-37-14-27-*-A.XA
24-37-14-27-*-A.74
24-37-14-27-*-A.75
24-37-14-27-*-A.76
24-37-14-27-*-A.77
24-37-14-27-*-A.78
24-37-14-27-*-A.79
24-37-14-27-*-A.80
24-37-14-27-*-A.81
24-37-14-27-*-A.82
24-37-14-27-*-A.83
24-37-14-27-*-A.54
24-37-14-27-*-A.55
24-37-14-27-*-A.56
24-37-14-27-*-A.57
24-37-14-27-*-A.58
24-37-14-27-*-A.59
150 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.60 171 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.61 171 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.62 171 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.63 171 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.64 180 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.65 180 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.66 180 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.67 180 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.68 180 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.69 180 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.70 180 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.71 180 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.72 180 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.73 180 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 19- 2021
Challenger Rd
Portside Ave
Southgate Mobile Homes
Anchorage Ave
Oak Ln
Ocean Garden Ln
N. Atlantic Ave
Legend
ROADWAYS
PORTSIDE VILLAS CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Ocean Park Ln
Oak Ln
Shorewood Dr
Tin Roof Ave Ocean
Ocean Park Ln
Seaport Blvd
Beach Park Ln
Seashell Ln
Coral Dr
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Maple Ct
Banyan Way
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Jap Tn, METI, Es i China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
2
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 the City's Official 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. 20-2021
Page 1 of 3
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 City's
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
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become effective
8 immediately upon the effective date of Ordinance 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 , 2022.
14
15
16 Wes Morrison, Mayor
17
18 ATTEST: For Against
19
20 Kim Davis
21
22 Mia Goforth, CMC Mickie Kellum
23 City Clerk
24 Wes Morrison
25
26 Angela Raymond
27
28 Don Willis
29
30 Planning & Zoning Board: December 8, 2021
31 First Reading: January 18, 2022
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
Page 3 of 3
24-37-14-27-*-B.15
24-37-14-27-*-B.16
24-37-14-27-*-B.17
24-37-14-27-*-B.18
24-37-14-27-*-B.19
24-37-14-27-*-B.20
24-37-14-27-*-B.21
24-37-14-27-*-B.22
24-37-14-27-*-B.23
24-37-14-27-*-B.24
24-37-14-27-*-A.XA
24-37-14-27-*-A.04
24-37-14-27-*-A.05
24-37-14-27-*-A.06
24-37-14-27-*-A.07
24-37-14-27-*-A.08
24-37-14-27-*-A.09
24-37-14-27-*-A.10
24-37-14-27-*-A.11
24-37-14-27-*-A.12
24-37-14-27-*-A.13
24-37-14-27-*-B.05
24-37-14-27-*-B.06
24-37-14-27-*-B.07
24-37-14-27-*-B.08
24-37-14-27-*-B.09
24-37-14-27-*-B.10
24-37-14-27-*-B.11
24-37-14-27-*-B.12
24-37-14-27-*-B.13
24-37-14-27-*-B.14
24-37-14-27-*-A.XA
24-37-14-27-*-A.14
24-37-14-27-*-A.15
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
PORTSIDE VILLAS CONDOMINIUM
110 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
110 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
111 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
120 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.16
24-37-14-27-*-A.17
24-37-14-27-*-A.18
24-37-14-27-*-A.19
24-37-14-27-*-A.20
24-37-14-27-*-A.21
24-37-14-27-*-A.22
24-37-14-27-*-A.23
24-37-14-27-*-A.XA
24-37-14-27-*-A.24
24-37-14-27-*-A.25
24-37-14-27-*-A.26
24-37-14-27-*-A.27
24-37-14-27-*-A.28
24-37-14-27-*-A.29
24-37-14-27-*-A.30
24-37-14-27-*-A.31
24-37-14-27-*-A.32
24-37-14-27-*-A.33
24-37-14-27-*-A.94
24-37-14-27-*-A.95
24-37-14-27-*-A.96
24-37-14-27-*-A.97
24-37-14-27-*-A.98
24-37-14-27-*-A.99
24-37-14-27-*-B.01
24-37-14-27-*-B.02
24-37-14-27-*-B.03
24-37-14-27-*-B.04
24-37-14-27-*-A.XA
24-37-14-27-*-A.84
24-37-14-27-*-A.85
24-37-14-27-*-A.86
24-37-14-27-*-A.87
24-37-14-27-*-A.88
24-37-14-27-*-A.89
24-37-14-27-*-A.90
24-37-14-27-*-A.91
24-37-14-27-*-A.92
121 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
121 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
130 PORTSIDE AVE UNIT POOL CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
131 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
140 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.93
24-37-14-27-*-A.XA
24-37-14-27-*-A.34
24-37-14-27-*-A.35
24-37-14-27-*-A.36
24-37-14-27-*-A.37
24-37-14-27-*-A.38
24-37-14-27-*-A.39
24-37-14-27-*-A.40
24-37-14-27-*-A.41
24-37-14-27-*-A.42
24-37-14-27-*-A.43
24-37-14-27-*-A.44
24-37-14-27-*-A.45
24-37-14-27-*-A.46
24-37-14-27-*-A.47
24-37-14-27-*-A.48
24-37-14-27-*-A.49
24-37-14-27-*-A.50
24-37-14-27-*-A.51
24-37-14-27-*-A.52
24-37-14-27-*-A.53
24-37-14-27-*-A.XA
24-37-14-27-*-A.74
24-37-14-27-*-A.75
24-37-14-27-*-A.76
24-37-14-27-*-A.77
24-37-14-27-*-A.78
24-37-14-27-*-A.79
24-37-14-27-*-A.80
24-37-14-27-*-A.81
24-37-14-27-*-A.82
24-37-14-27-*-A.83
24-37-14-27-*-A.54
24-37-14-27-*-A.55
24-37-14-27-*-A.56
24-37-14-27-*-A.57
24-37-14-27-*-A.58
24-37-14-27-*-A.59
150 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
150 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
151 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
161 PORTSIDE AVE UNIT COMMON CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
170 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
171 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.60 171 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.61 171 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.62 171 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.63 171 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.64 180 PORTSIDE AVE UNIT 101 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.65 180 PORTSIDE AVE UNIT 102 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.66 180 PORTSIDE AVE UNIT 103 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.67 180 PORTSIDE AVE UNIT 104 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.68 180 PORTSIDE AVE UNIT 105 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.69 180 PORTSIDE AVE UNIT 201 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.70 180 PORTSIDE AVE UNIT 202 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.71 180 PORTSIDE AVE UNIT 203 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.72 180 PORTSIDE AVE UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-27-*-A.73 180 PORTSIDE AVE UNIT 205 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 20-2021
Challenger Rd
Portside Ave
Southgate Mobile
Anchorage Ave
Oak Ln
Ocean Garden Ln
Legend
ROADWAYS
PORTSIDE VILLAS CONDO
CITY OF CAPE CANAVERAL BOUNDARY
N. Atlantic Ave
Ocean Park Ln
Shorewood Dr
Tin Roof Ave
Ocean Park Ln
Seaport Blvd
Beach Park Ln
Seashell Ln
Coral Dr
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Maple Ct
Banyan Way
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Jap Tn, METI, Esi China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Ordinance No. 21-2021; 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, first
reading.
and
Ordinance No. 22-2021; 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, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase II. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the 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
City Council Meeting • January 18, 2022
Agenda Item # 7
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject parcel is built -out, this
analysis is not provided.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 7
Page 3 of 3
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinances.
Submitting Department Director: David Dickey Date: 01/10/22
Attachments:
1. Ordinance No. 21-2021 w/Exhibit "A"
2. Ordinance No. 22-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve Ordinance No. 21-2021 on first reading; and
2. Approve Ordinance No. 22-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
1
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 COMMERCIAL" TO "R-2 RESIDENTIAL;" PROVIDING
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
Page 1 of 3
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
Page 2 of 3
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 , 2022.
84
85
86
87
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92 Kim Davis
93
94 Mia Goforth, CMC Mickie Kellum
95 City Clerk
96 Wes Morrison
97
98 Angela Raymond
99
100 Don Willis
101
102
103 LPA/Planning & Zoning Board: December 8, 2021
104 First Reading: January 18, 2022
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
Page 3 of 3
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EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
PERLAS DEL MAR CONDOMINIUM
102 JOE PL UNIT 102-110 CAPE CANAVERAL FL 32920
102 JOE PL UNIT 13 CAPE CANAVERAL FL 32920
104 JOE PL UNIT 14 CAPE CANAVERAL FL 32920
106 JOE PL UNIT 15 CAPE CANAVERAL FL 32920
108 JOE PL UNIT 16 CAPE CANAVERAL FL 32920
110 JOE PL UNIT 17 CAPE CANAVERAL FL 32920
119 JOE PL CAPE CANAVERAL FL 32920
119 JOE PL UNIT 119-127 CAPE CANAVERAL FL 32920
121 JOE PL CAPE CANAVERAL FL 32920
122 JOE PL UNIT 122-128 CAPE CANAVERAL FL 32920
122 JOE PL UNIT 18 CAPE CANAVERAL FL 32920
123 JOE PL CAPE CANAVERAL FL 32920
124 JOE PL UNIT 19 CAPE CANAVERAL FL 32920
125 JOE PL CAPE CANAVERAL FL 32920
126 JOE PL CAPE CANAVERAL FL 32920
127 JOE PL CAPE CANAVERAL FL 32920
128 JOE PL CAPE CANAVERAL FL 32920
131 MANNY LN CAPE CANAVERAL FL 32920
131 MANNY LN UNIT 131-139 CAPE CANAVERAL FL 32920
133 MANNY LN CAPE CANAVERAL FL 32920
134 MANNY LN CAPE CANAVERAL FL 32920
134 MANNY LN UNIT 134-144 CAPE CANAVERAL FL 32920
135 MANNY LN CAPE CANAVERAL FL 32920
136 MANNY LN CAPE CANAVERAL FL 32920
137 MANNY LN CAPE CANAVERAL FL 32920
138 MANNY LN CAPE CANAVERAL FL 32920
139 MANNY LN CAPE CANAVERAL FL 32920
140 MANNY LN CAPE CANAVERAL FL 32920
142 MANNY LN CAPE CANAVERAL FL 32920
144 MANNY LN CAPE CANAVERAL FL 32920
160 MANNY LN CAPE CANAVERAL FL 32920
160 MANNY LN UNIT 160-164 CAPE CANAVERAL FL 32920
162 MANNY LN CAPE CANAVERAL FL 32920
164 MANNY LN CAPE CANAVERAL FL 32920
24-37-14-00-510.A
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8406 MARIA CT UNIT 1 CAPE CANAVERAL FL 32920
8406 MARIA CT UNIT 8406-8416 CAPE CANAVERAL FL 32920
8408 MARIA CT UNIT 2 CAPE CANAVERAL FL 32920
8410 MARIA CT UNIT 3 CAPE CANAVERAL FL 32920
8412 MARIA CT UNIT 4 CAPE CANAVERAL FL 32920
8414 MARIA CT UNIT 5 CAPE CANAVERAL FL 32920
8416 MARIA CT UNIT 6 CAPE CANAVERAL FL 32920
8420 MARIA CT UNIT 7 CAPE CANAVERAL FL 32920
8420 MARIA CT UNIT 8420-8430 CAPE CANAVERAL FL 32920
8422 MARIA CT UNIT 8 CAPE CANAVERAL FL 32920
8424 MARIA CT UNIT 9 CAPE CANAVERAL FL 32920
8425 MARIA CT UNIT POOL CAPE CANAVERAL FL 32920
8426 MARIA CT UNIT 10 CAPE CANAVERAL FL 32920
8428 MARIA CT UNIT 11 CAPE CANAVERAL FL 32920
8430 MARIA CT UNIT 12 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 21-2021
Cape Canaveral Dr
Mango Manor Dr
MANGO MANOR DR
Mango Manor Dr
Kings Ln
KINGS LN
N. Atlantic Ave
CENTRAL BLVD E
Joe PI
Maria Ct
Manny Ln
CANAVERAL BLVD
Legend
ROADWAYS
PERLAS DEL MAR CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Canaveral Blvd
Circle Dr
Canaveral Beach Blvd
Chandler St
Caroline St
Washington Ave
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, M6TI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Church Ln
Poinsetta Ave
Orange Ave
1 2
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 the City's Official Zoning Map; 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
Page 1 of 3
1 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
2 and
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 City's
29 Official Zoning Map upon the effective date of this Ordinance.
30
31 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
32 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
33 the Official Records of Brevard County, Florida.
34
35 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
36 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
37 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
38
39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
41 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
City of Cape Canaveral
Ordinance No. 22-2021
Page 2 of 3
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 , 2022.
11
12
13 Wes Morrison, Mayor
14
15 ATTEST: For Against
16
17 Kim Davis
18
19 Mia Goforth, CMC Mickie Kellum
20 City Clerk
21 Wes Morrison
22
23 Angela Raymond
24
25 Don Willis
26
27 Planning & Zoning Board: December 8, 2021
28 First Reading: January 18, 2022
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
Page 3 of 3
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EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
PERLAS DEL MAR CONDOMINIUM
102 JOE PL UNIT 102-110 CAPE CANAVERAL FL 32920
102 JOE PL UNIT 13 CAPE CANAVERAL FL 32920
104 JOE PL UNIT 14 CAPE CANAVERAL FL 32920
106 JOE PL UNIT 15 CAPE CANAVERAL FL 32920
108 JOE PL UNIT 16 CAPE CANAVERAL FL 32920
110 JOE PL UNIT 17 CAPE CANAVERAL FL 32920
119 JOE PL CAPE CANAVERAL FL 32920
119 JOE PL UNIT 119-127 CAPE CANAVERAL FL 32920
121 JOE PL CAPE CANAVERAL FL 32920
122 JOE PL UNIT 122-128 CAPE CANAVERAL FL 32920
122 JOE PL UNIT 18 CAPE CANAVERAL FL 32920
123 JOE PL CAPE CANAVERAL FL 32920
124 JOE PL UNIT 19 CAPE CANAVERAL FL 32920
125 JOE PL CAPE CANAVERAL FL 32920
126 JOE PL CAPE CANAVERAL FL 32920
127 JOE PL CAPE CANAVERAL FL 32920
128 JOE PL CAPE CANAVERAL FL 32920
131 MANNY LN CAPE CANAVERAL FL 32920
131 MANNY LN UNIT 131-139 CAPE CANAVERAL FL 32920
133 MANNY LN CAPE CANAVERAL FL 32920
134 MANNY LN CAPE CANAVERAL FL 32920
134 MANNY LN UNIT 134-144 CAPE CANAVERAL FL 32920
135 MANNY LN CAPE CANAVERAL FL 32920
136 MANNY LN CAPE CANAVERAL FL 32920
137 MANNY LN CAPE CANAVERAL FL 32920
138 MANNY LN CAPE CANAVERAL FL 32920
139 MANNY LN CAPE CANAVERAL FL 32920
140 MANNY LN CAPE CANAVERAL FL 32920
142 MANNY LN CAPE CANAVERAL FL 32920
144 MANNY LN CAPE CANAVERAL FL 32920
160 MANNY LN CAPE CANAVERAL FL 32920
160 MANNY LN UNIT 160-164 CAPE CANAVERAL FL 32920
162 MANNY LN CAPE CANAVERAL FL 32920
164 MANNY LN CAPE CANAVERAL FL 32920
24-37-14-00-510.A
24- 3 7-14-00- 510.A.XA
24-37-14-00-510.B
24-37-14-00-510.C
24-37-14-00-510.D
24-37-14-00-510.E
24-37-14-00-510.F
24-37-14-00-510.G
24- 3 7-14-00- 510.A.XA
24-37-14-00-510.H
24-37-14-00-510.I
24-37-14-00-510.A.XA
24-37-14-00-510.J
24-37-14-00-510.K
24-37-14-00-510.L
8406 MARIA CT UNIT 1 CAPE CANAVERAL FL 32920
8406 MARIA CT UNIT 8406-8416 CAPE CANAVERAL FL 32920
8408 MARIA CT UNIT 2 CAPE CANAVERAL FL 32920
8410 MARIA CT UNIT 3 CAPE CANAVERAL FL 32920
8412 MARIA CT UNIT 4 CAPE CANAVERAL FL 32920
8414 MARIA CT UNIT 5 CAPE CANAVERAL FL 32920
8416 MARIA CT UNIT 6 CAPE CANAVERAL FL 32920
8420 MARIA CT UNIT 7 CAPE CANAVERAL FL 32920
8420 MARIA CT UNIT 8420-8430 CAPE CANAVERAL FL 32920
8422 MARIA CT UNIT 8 CAPE CANAVERAL FL 32920
8424 MARIA CT UNIT 9 CAPE CANAVERAL FL 32920
8425 MARIA CT UNIT POOL CAPE CANAVERAL FL 32920
8426 MARIA CT UNIT 10 CAPE CANAVERAL FL 32920
8428 MARIA CT UNIT 11 CAPE CANAVERAL FL 32920
8430 MARIA CT UNIT 12 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 22-2021
Mango Manor Dr
MANGO MANOR DR
Mango Manor Dr
Kings Ln
KINGS LN
N. Atlantic Ave
Joe PI
Maria Ct
Manny Ln
CANAVERAL BLVD
Legend
ROADWAYS
PERLAS DEL MAR CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Washington Ave
Circle Dr
Canaveral Blvd
Canaveral Beach Blvd
Chandler St
Caroline St
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Church Ln
WASHINGTON AVE
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Ordinance No. 23-2021; 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, first reading.
and
Ordinance No. 24-2021; 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, first reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase II. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the property known as 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.
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
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 8
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject parcel is built -out, this
analysis is not provided.
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 8
Page 3 of 3
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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.
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance(s).
Submitting Department Director: David Dickey;/ Date: 01/10/22
Attachments:
1. Ordinance No. 23-2021 w/Exhibit "A"
2. Ordinance No. 24-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo , Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve Ordinance No. 23-2021 on first reading; and
2. Approve Ordinance No. 24-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
1
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 COMMERCIAL" TO "R-2 RESIDENTIAL;" PROVIDING
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
Page 1 of 3
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
Page 2 of 3
79 Canaveral Comprehensive Plan, as amended.
80
81 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
82 , 2022.
83
84
85
86
87 Wes Morrison, Mayor
88
89 ATTEST: For Against
90
91 Kim Davis
92
93 Mia Goforth, CMC Mickie Kellum
94 City Clerk
95 Wes Morrison
96
97 Angela Raymond
98
99 Don Willis
100
101
102 LPA/Planning & Zoning Board: December 8, 2021
103 First Reading: January 18, 2022
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
Page 3 of 3
24-37-14-28-*-A.09
24-37-14-28-*-A.03
24-37-14-28-*-A.17
24-37-14-28-*-A.02
24-37-14-28-*-A.25
24-37-14-28-*-A.26
24-37-14-28-*-A.27
24-37-14-28-*-A.10
24-37-14-28-*-A.01
24-37-14-28-*-A.05
24-37-14-28-*-A.58
24-37-14-28-*-A.11
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OAK LANE
108 OAK LN CAPE CANAVERAL FL 32920
122 OAK LN CAPE CANAVERAL FL 32920
123 OAK LN CAPE CANAVERAL FL 32920
126 OAK LN CAPE CANAVERAL FL 32920
127 OAK LN CAPE CANAVERAL FL 32920
131 OAK LN CAPE CANAVERAL FL 32920
135 OAK LN CAPE CANAVERAL FL 32920
139 OAK LN CAPE CANAVERAL FL 32920
143 OAK LN CAPE CANAVERAL FL 32920
UNKNOWN FL
UNKNOWN FL
UNKNOWN FL
Exhibit "A"
Ordinance 23-2021
Portside Ave
South Mobile Homes
Anchorage Ave
Oak Ln
Ocean Garden Ln
Legend
ROADWAYS
OAK LN
CITY OF CAPE CANAVERAL BOUNDARY
Southgate
Mobile
Homes
Oak Manor Dr
N. Atlantic Ave
Ocean
Woods
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
2
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 the City's Official 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
Page 1 of 3
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 City's
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
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become effective
8 immediately upon the effective date of Ordinance 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 , 2022.
14
15
16 Wes Morrison
17
18 ATTEST: For Against
19
20 Kim Davis
21
22 Mia Goforth, CMC Mickie Kellum
23 City Clerk
24 Wes Morrison
25
26 Angela Raymond
27
28 Don Willis
29
30 Planning & Zoning Board: December 8, 2021
31 First Reading: January 18, 2022
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
Page 3 of 3
24-37-14-28-*-A.09
24-37-14-28-*-A.03
24-37-14-28-*-A.17
24-37-14-28-*-A.02
24-37-14-28-*-A.25
24-37-14-28-*-A.26
24-37-14-28-*-A.27
24-37-14-28-*-A.10
24-37-14-28-*-A.01
24-37-14-28-*-A.05
24-37-14-28-*-A.58
24-37-14-28-*-A.11
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OAK LANE
108 OAK LN CAPE CANAVERAL FL 32920
122 OAK LN CAPE CANAVERAL FL 32920
123 OAK LN CAPE CANAVERAL FL 32920
126 OAK LN CAPE CANAVERAL FL 32920
127 OAK LN CAPE CANAVERAL FL 32920
131 OAK LN CAPE CANAVERAL FL 32920
135 OAK LN CAPE CANAVERAL FL 32920
139 OAK LN CAPE CANAVERAL FL 32920
143 OAK LN CAPE CANAVERAL FL 32920
UNKNOWN FL
UNKNOWN FL
UNKNOWN FL
Exhibit "A"
Ordinance 24-2021
Portside Ave
Southgate Mobile Homes
Anchorage Ave
Oak Ln
Ocean Garden Ln
N. Atlantic Ave
Legend
ROADWAYS
OAK LN
CITY OF CAPE CANAVERAL BOUNDARY
Ocean Woods Blvd
Oak Manor Dr
Ocean
Woods
Blvd
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China
(Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 9
Subject: Ordinance No. 42-2021; 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, first reading.
and
Ordinance No. 41-2021; 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, first
reading.
Department: Community and Economic Development
Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700
properties within the City improved with a residential structure, but zoned commercial. City Code
prohibits residential structures in commercial zoning districts. These structures are considered
nonconforming and should one of them be destroyed, restrictions associated with nonconforming
properties would apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) is now complete and included government -owned Conservation or
Public/Recreation properties. We are now in Phase II. This phase will include a number of
residentially developed properties that are currently zoned commercial. Specifically, this item
addresses the 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
City Council Meeting • January 18, 2022
Agenda Item # 9
Page 2 of 3
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 revision to the City's Future Land Use Map is processed through the Comprehensive
Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter
163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is
considered) shall be considered by the Local Planning Agency and the City Council. Chapter
163.3177 F.S. in general states that all plan amendments must be based upon relevant and
appropriate data and an analysis by the City to include (response in bold/italics):
1. An analysis of the availability of facilities and services; The proposed amendment will not
adversely impact any level -of -service related facilities or services. Required
municipal services are adjacent to the site or can be readily available.
2. An analysis of the suitability of the proposed plan amendment considering the character
of the undeveloped land, soils, topography, natural resources and historical resources; The
subject parcel is relatively level and consists of well -drained soils. There are no
natural or historical resources on -site.
3. An analysis of the minimum amount of land needed to achieve the goals and requirements
of the Comprehensive Plan; The state does not want to see a City approving large-
scale residential amendments without data showing the need and ability to
accommodate the increased number of people. As the subject property is built -out,
this analysis is not provided.
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 9
Page 3 of 3
4. That the proposed amendment discourages the proliferation of urban sprawl. The subject
parcel is located within an established neighborhood and does not represent urban
sprawl.
In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy
that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the
adjacent properties permit the construction of single- and multi -family units, the proposed
amendment is consistent with this policy.
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
At its December 8, 2021 Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinances.
Submitting Department Director: David Dickey Date: 01/10/22
Attachments:
1. Ordinance No. 42-2021 w/Exhibit "A"
2. Ordinance No. 41-2021 w/Exhibit "A"
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/10/22
The City Manager recommends the City Council take the following actions:
1. Approve Ordinance No. 42-2021 on first reading; and
2. Approve Ordinance No. 41-2021 on first reading.
Approved by City Manager: Todd Morley Date: 01/10/22
1
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 "C-1 COMMERCIAL" TO "R-2 MEDIUM -DENSITY
13 RESIDENTIAL;" PROVIDING 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
Page 1 of 3
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-1 Commercial" 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
Page 2 of 3
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 Wes Morrison, Mayor
91
92 ATTEST: For Against
93
94 Kim Davis
95
96 Mia Goforth, CMC Mickie Kellum
97 City Clerk
98 Wes Morrison
99
100 Angela Raymond
101
102 Don Willis
103
104 Planning & Zoning Board: December 8, 2021
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
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
Binder Property
Parcel ID: 24-37-14-28-*-A 8810 N. Atlantic Avenue
Exhibit "A"
Ordinance 42-2021
Southgate Mobile Homes
Anchorage Ave
ORANGE AVE
N. Atlantic Ave
Legend
ROADWAYS
BINDER (8810 N ATLANTIC)
Beach Park Ln
Harbor Dr
Seashell Ln
Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA
2
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 the City's Official Zoning Map; 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
Page 1 of 3
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 City's 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 42-2021 as adopted by the City Council of the
City of Cape Canaveral
Ordinance No. 41-2021
Page 2 of 3
1 City of Cape Canaveral, Florida. If Ordinance 42-2021 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 , 2022.
6
7
8 Wes Morrison, Mayor
9
10 ATTEST:
11
12 For Against
13
14 Mia Goforth, CMC Kim Davis
15 City Clerk
16 Mickie Kellum
17
18 Wes Morrison
19
20 Angela Raymond
21
22 Don Willis
23
24 Planning & Zoning Board: December 8, 2021
25 First Reading:
26 Advertisement:
27 Second Reading:
28
29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
31
32
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 41-2021
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
Binder Property
Parcel ID: 24-37-14-28-*-A 8810 N. Atlantic Avenue
Exhibit "A"
Ordinance 41-2021
Southgate Mobile Homes
Anchorage Ave
ORANGE AVE
N. Atlantic Ave
Legend
ROADWAYS
BINDER (8810 N ATLANTIC)
Beach Park Ln
Harbor Dr
Seashell Ln
Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 10
Subject: Compensation for the City's elected officials. (Postponed at the 12/21/21 Regular Mtg.)
Department: City Clerk's Office
Summary: At the August 27, 2021 Coffee with the City Manager, City resident Patrick Campbell
specifically requested Council consider raising the level of City Council Member pay. As a result,
City Manager Morley committed to making the Item a topic for discussion at a future City Council
Meeting, preferably after the Election so as not to make it a political issue. This Agenda Item
Summary has been prepared at the City Manager's direction.
The City of Cape Canaveral Mayor and City Council Members receive compensation in accordance
with the City of Cape Canaveral City Charter and Code of Ordinances:
Sec. 2.04 - Compensation; expenses.
The city council may, by ordinance, provide for the compensation of the
mayor, its members and its appointed officers, and the method of payment
of the same.
Sec. 2-41. - Established for councilmembers other than mayor.
The compensation for the members of the city council other than the mayor
shall be $2,400.00 per year.
(Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
Sec. 2-42. - Established for mayor.
The compensation for the mayor shall be $3,200.00 per year.
(Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
The City Council last took action on August 2, 1994 where it was mentioned in those Minutes that
no changes had been made to Council salaries in 30 years (Attachments 1 and 2). It has now been
27 years since elected officials received a raise in compensation in the City.
Prior to the adoption of Ordinance No. 30-1994, compensation was tiered, with Council Members
receiving $600 per year for their first four years on Council and $1,200 per year for the fourth year
onward; the Mayor received $800 per year for the first four years in office and $1,600 for every year
as Mayor thereafter.
Most cities/towns within Brevard County compensate their elected officials. Staff has provided a
spreadsheet reflecting those agencies current salaries and/or monthly allowances for comparison
(Attachment 3).
To address a potential compensation increase, the City Council may, at its discretion, reach
consensus to direct Staff to draft an ordinance containing a new rate of pay for a future first public
hearing. Council has an option regarding a potential ordinance's effective date, which could be
immediately upon adoption, or contain an effective date one or more years in the future for the
benefit of a future City Council.
Submitting Department Director: Mia Goforth Date: 12/14/21
City of Cape Canaveral
City Council Meeting • January 18, 2022
Agenda Item # 10
Page 2 of 2
Attachments:
1. Regular City Council Meeting Minutes portion of 08-02-1994
2. Ordinance No. 30-1994
3. Comparison spreadsheet for cities/towns within Brevard County
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/14/21
The City Manager recommends the City Council take the following actions: Discuss/provide
Staff with direction with regard to the level of compensation for the City's elected officials.
Approved by City Manager: Todd Morley Date: 12/14/21
Attachment 1
•
•
•
City of Cape Canaveral, Florida
Regular City Council Meeting
August 2, 1994
Page 2
with Mr. Randels on the point of converting sick leave to annual or administrative leave. After
additional discussion, the motion carried with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter For
Councilmember Berger For
Councilmember Nicholas Against
Councilmember Randels Against
2. Ordinance No. 30-94, Amending City Charter. Article III, Section, Compensation of
Officers. and Code of Ordinances. Chapter 2. Administration. Division 2, Compensation, for
second and final reading.
Mayor Salamone read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE
CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF
CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF
CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR
THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, . seconded by Mr. Berger to adopt Ordinance No. 30-94 at second and
final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of
sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section
3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr.
Randels to amend the ordinance to re -number the sections as needed. Motion carried with
members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
Mayor Salamone commented that she felt strongly that the ordinance was certainly necessary
after no changes having been made to Council salaries in 30 years. Mr. Randels stated that
Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an
equitable salary would more adequately provide for City -related expenses incurred by members
of Council.
Motion carried with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter Against
•
•
•
City of Cape Canaveral, Florida
Regular City Council Meeting
August 2, 1994
Page 3
Councilmember Berger For
Councilmember Nicholas For
Councilmember Randels For
3. Ordinance No. 31-94. Appointing members to the Local Planning Agency. for second
and final reading.
Mayor Salamone read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, SECTION 58-56, DESIGNATION AND ESTABLISHMENT, OF THE CITY
CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2)
DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING
MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD
AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31-94 at second and
final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or
permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the
Ordinance was subsequently amended by Council. He further explained that the Board would
consist of two (2) at large members and five (5) individuals who were also the regular members
of the Planning and Zoning Board and that the at large positions would be utilized by two (2)
Councilmembers to assist in the amendment of the City's Comprehensive Plan.
Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter,
For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For.
NEW BUSINESS:
1. Resolution No. 94-35. Appointing members to the Local Planning Agency (LPA).
Mayor Salamone read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING
AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
Motion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94-35 appointing Leo
Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels
Attachment 2
ORDINANCE NO. 30-94
•
•
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3,
COMPENSATION OF OFFICERS OF THE CITY OF THE CAPE
CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF
CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED
ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY
COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, that:
SECTION 1. Article III, Sec. 3, Compensation of Officers,
of the City of Cape Canaveral Charter is hereby repealed and re-
enacted to read as follows:
ARTICLE III
SEC. 3, COMPENSATION OF OFFICERS
The City Council may, by Ordinance, provide for the
compensation of the Mayor, its members and its appointed
officers, and the method of payment of the same.
SECTION 2. The Code of Ordinances, City of Cape Canaveral,
Article II, City Council, of Chapter 2, Administration, Division 2,
Compensation, including Sections 2-41 and 2-42 is hereby amended to
read as follows:
ARTICLE II
DIVISION 2. COMPENSATION
Sec. 2-41. Established for councilmembers other than
mayor.
The compensation for the members of the city council
other than the mayor shall be $2,400.00 per year.
Sec. 2-42. Established for mayor.
The compensation for the mayor shall be $3,200.00 per
year.
SECTION 3: Severability. If any section, paragraph,
phrase, or word of this Ordinance is held to be unconstitutional or
•
•
•
City of Cape Canaveral, Florida
Ordinance No. 30-94
Page 2
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 4. Conflicting Provisions. Any ordinance, or
parts of an ordinance, in conflict herewith is repealed.
SECTION 5. Effective Date. Section 2 of this ordinance
shall take effect September 1, 1994. The remaining portions of the
ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 2nd day of August , 1994.
Joy Salamone, MAYOR
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
John R. Kancilia, CITY ATTORNEY
NAME YES NO
BERGER X
NICHOLAS X
PORTER X
RANDELS X
SALAMONE X
First Reading 7 / 19 / 9 4
Posted: 7/20/94
Advertised: 7/22/94
Second Reading: 8/2/94
Attachment 3
Municipality
Council/Commissioner Salary
Mayor Salary
Ordinance?
Other or Additional allowances?
Cape Canaveral
$2,400.00
$3,200.00
Yes
Budgeted travel, per diem and
registrations for conferences and,
training; and memberships in the
Florida League of Cities and Space
Coast League of Cities.
Cocoa
$6,000.00
$6,600.00
Yes
Cocoa Beach
$6,000.00
$6,000.00
Yes
Grant-Valkaria
N/A
N/A
N/A
Indialantic
$2,400.00
$2,400.00
Yes
Indian Harbour
Beach
N/A
N/A
Yes
Monthly expense for Mayor
$350.00, Dep. Mayor $300.00 and
Council $250.00
Malabar
N/A
N/A
N/A
Melbourne
$7,475.00
$10,350.00
Yes
Monthly travel for Mayor $415.00
and Council $255.00
Melbourne
Beach
$3,100.00
$3,800.00
Yes
Palm Bay
$11,641.99
$23,283.99
Yes
Monthly incidental for Mayor
$200.00, Dep. Mayor $150.00 and
Council $100.00
Palm Shores
N/A
N/A
N/A
Rockledge
$500.00/month
Yes
Satellite Beach
N/A
N/A
Yes
Monthly travel stipend for Mayor
$100.00 and Council $50.00
Titusville
$391.40/month
$538.13/month
Yes
W. Melbourne
$9,600.00
$10,800.00
No
Increases in salary are listed in the
Charter and changed by
referendum
From: Pat Campbell <patrickcampbell@cfl.rr.com>
Sent: Sunday, December 19, 2021 9:39 PM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Wes Morrison <W.Morrison@cityofcapecanaveral.org>; Todd Morley
<T.Morley@cityofcapecanaveral.org>
Subject: Public comments for the December 21st Council Meeting
Agenda Item 9
There is nothing new or unique in the management of Cape Canaveral Council meetings. In general, any discussion, any city that desires to
streamline administrative functions like meetings ultimately end up with the same targets:
Limit public comment during high attendance meetings
Limit Council Member discussion
Limit repetition of praise and agreement between Councilmembers
Adhere to the agenda order
Establish time limits for agenda items
Limit presentation/ceremonies
Meet more than once a week
Call for a "point of order" after discussion has gone longer than 30 minutes to force vote or table the issue
Increase use of City Council/citizen Committees to hear public comment
For citizens, a Council meeting is one of the few opportunities to hear and interact with our representatives to understand their positions.
We depend on council members being well versed on the topics, have an understanding of citizen desires and be prepared to make an
informed decision. This should not be assigned an arbitrary time limit.
Public comment should be expanded, not limited.
Council members should be incentivized to properly prepare for the discussions and the incentive should be that they are paid for the time
used to prepare. The current salary structure does not provide an acceptable compensation for time required to do their duties satisfactorily.
There should be willingness to have more than one meeting a month when the volume and complexities of the agenda warrants it.
A 30 minute point of order seems reasonable and Council Members wanting additional discussion can vote to table the issue to allow
additional research.
Agenda Item 10
In addition to the recommendations included in this agenda item I would like to see language that requires public approval, a vote, for any
single City expenditure exceeding a certain amount, say $750,000.
I would also like the City to consider participatory budgeting. Participatory Budgeting is a democratic process through which community
members directly decide how to spend part of a public budget. Participatory Budgeting will help directly involve residents in the budgeting
and City -building process, foster civic engagement and community spirit, and help ensure that the City's Plans reflect the priorities of Cape
Canaveral residents.
Agenda Item 13
Thank you for placing my concern about the inadequate compensation of the Mayor and Council on this month's agenda. I would also like to
request a review of City Employee's salaries, with the exception of leadership, be done. I don't believe the current compensation of about 30
percent of the city's employees is reflective of the present market conditions and the previous escalation percentages have failed to provide
some of our city employees a living wage. My choice of words, living wage is important. Living wage is the amount an individual in a
household must earn to support his or herself and their family. The concept of the arbitrary and outdated standard escalation percent,
around 3 percent, simply ensures many of our city's employees fall behind more every year.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape
Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records
request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape
Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records
request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 11
Subject: Electric Vehicles on City Sidewalks
Department: City Council
Summary: Electric vehicles on sidewalks cause dangerous situations for pedestrians and bicyclists
in the City.
I would like to discuss/get consensus of the Council to propose a resolution or ordinance to have
electric vehicles on the street only as a safety measure.
Submitting Council Member: Council Member Angela Raymond Date: 01/04/2022
Attachments:
None.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 12
Subject: Discussion on updating Resolution No. 2019-01 and consider adding the Council's
opposition to the proposed SR A1A Roundabout (FPID #430202-5).
Department: City Council
Summary:
In conjunction with the Florida Department of Transportation (FDOT) the City is proactively working
to improve pedestrian and motorist safety along that section of State Road A1A (SR A1A) within its
municipal limits. The overall scope of FDOT's project is much larger than just Cape Canaveral;
however, the City continues to takes steps to make the community bikeable and walkable and
increase safety for everyone, including motorists, through a variety of efforts including passing
Resolutions as far back as 2014 to approve, update and or acknowledge the City's continued list of
priorities for SR A1A improvements. The following list highlights the specific Resolutions with the
latest in 2019.
-Resolution No. 2014-22, approving the City's list of SR A1A lmprovement Priorities
-Resolution No. 2015-06, updating the City's list of SR A1A Improvement Priorities
-Resolution No. 2018-01, updating the City's list of SR A1A Improvement Priorities
-Resolution No. 2019-01, which updates and acknowledges the City's continued prioritized needs
for SR A1A improvements. (See attached)
Specifically, the realignment of International Drive and SR A1A was an item on the list within the
Resolutions. This project received design and construction funding and the current proposed solution
is a modern roundabout (FPID #430202-5)
Until we learn more about other alternatives and or this Council becomes convinced that this is the
best solution, we can take a unified position to oppose this portion of the project.
Submitting Council Member:
Attachments:
Resolution No. 2019-01.
Mayor Wes Morrison Date: 01/05/2022
RESOLUTION NO. 2019-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
MODIFYING AND UPDATING THE CITY'S LIST OF
STATE ROAD A1A IMPROVEMENT PRIORITIES;
REQUESTING THE FLORIDA DEPARTMENT OF
TRANSPORTATION PROVIDE AN UPDATED TRAFFIC
STUDY FOR THE PORTION OF STATE ROAD A1A
LOCATED WITHIN THE CITY OF CAIE CANAVERAL;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast
Transportation Planning Organization ("SCTPO") and the A1A Action Team, which consists of
a group of organizations, businesses and residents along the State Road (SR) A1A Corridor, seek
to address multimodal transportation along SR A1A from the Pineda Causeway (SR 404) to SR
528 in the City of Cape Canaveral; and
WHEREAS, a recent widely published report titled Dangerous by Design (2019) by Smart
Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area
for pedestrians in the United States; and
WHEREAS, the findings contained in the Report provide that policies and funding
mechanisms that have been in place for decades have created designs that snake streets more unsafe
because such policies and funding mechanisms continue to prioritize moving vehicles quickly and
efficiently over public safety for all people especially pedestrians, bicyclists and other users of
multimodal transportation options; and
WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy,
that bicycle, multimodal and pedestrian safety/connectivity throughout the SR A1A corridor be
given more consideration and emphasis to address the public safety needs of all people required to
use SR A1A for transportation and connectivity within the City of Cape Canaveral; and
WHEREAS, based on public concerns and experience expressed to the City over the years,
the City Council believes that any future designs for SR A1A improvements must encourage safer,
slower driving speeds to improve public safety on SR A1A; and
WHEREAS, the City Council desires to transform SR A1A into a safe, more resilient, and
efficient multimodal corridor that connects and supports the economic viability of the City of Cape
Canaveral and is also aesthetically pleasing while providing a sense of community through
innovation, design, safety and connectivity; and
WHEREAS, the City Council intends to streamline development of feasible improvement
strategies to address locally identified transportation, community planning and urban design issues
City of Cape Canaveral
Resolution 2019-01
Page 1 of 3
such as corridor beautification, way -finding signage, undergrounding of utilities, traffic calming
devices, pedestrian and bicycle facility enhancements, improved transit service, intersection
improvements and other infrastructure improvements; and
WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design,
connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired
improvements related to that portion of the SR A1A corridor located within the City; and
WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22
approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and
updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015
and again by Resolution No. 2018-01 which was approved by the City Council on February 20,
2018; and
WHEREAS, the City Council recognizes that circumstances continue to change since the
City last updated its list of SR A1A Improvement Priorities and therefore, the City Council desires
to modify and update its list of SR A1A Improvement Priorities; and
WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle
ridership and pedestrian activity that requires the City to continue to promote and prioritize safe
and attractive bicycle and pedestrian crossings and amenities along SR A1A; and
WHEREAS, the City Council is also aware of current and on -going positive growth
projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area
and this projected positive growth requires that the City Council promote and prioritize safety
enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic
vision for the Cape Canaveral Community; and
WHEREAS, the City Council acknowledges and appreciates that some efforts are
currently being made by FDOT and SCTPO on the Long Point Road -to -George King Boulevard
Curb and Gutter Design Project and the International Drive Realignment Design Project which
should provide some local improvement consistent with the concerns and priorities expressed by
the City Council in this Resolution; and
WHEREAS, in order to manage the positive growth projections anticipated within the City
of Cape Canaveral and surrounding area, the City Council desires FDOT, to provide an updated
traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral,
where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on-
going growth projections for the Space Industry/Port Canaveral/tourism and seasonal variations.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
City of Cape Canaveral
Resolution 2019-01
Page2of3
Section 2. Approval of SR A1A Priorities. The City Council of the City of Cape Canaveral
hereby approves a modified list of the City's priorities for improvements to that portion of SR
A1A within the City of Cape Canaveral, as attached hereto and incorporated herein by reference
as Exhibit "A".
Section 3. Request for Updated Traffic Study. The City Council of the City of Cape
Canaveral hereby requests FDOT provide an updated traffic study for that segment of SR A1A
located within the City of Cape Canaveral which accounts for the increase in bicycle, ridership and
pedestrian activity, on -going growth projections for the Space Industry/Port Canaveral/tourism as
well as seasonal variations.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this
19th day of March 2019.
ATTEST:
Daniel LeFever,
Deputy City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown x
Bob Hoog x
Wes Morrison x
Rocky Randels . Motion
Angela Raymond Second
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2019-01
Page 3 of 3
SEAL
City of Cape Canaveral, Florida
Exhibit "A"
City of Cape Canaveral
Prioritized SR A1A Improvements
Resolution No. 2019-01
Public Safety Priority Items
1. Lower all speed limits to 35 m.p.h.
2. Public Safety Improvements:
A. Additional crosswalks at existing signalized intersections:
I. North side of the signalized intersection of W. Central Avenue/Astronaut
Boulevard.
II. South side of the signalized intersection of Holman Road/North Atlantic
Avenue.
B. All existing crosswalks and intersections to be audible and signalized.
C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated
crossWalK) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations:
I. Burger King/SCAT bus stop
II. Columbia Drive
III. Jackson Avenue
IV. Taylor Avenue
V. Cape Shores/East Hayes Avenue
D. Urban roadway profile safety improvements:
I. Installation of wider landscaped medians with managed turning movement
areas; low landscaping in medians to maintain driver visibility, with higher
landscaping along sidewalks/pedways.
II. Installation of landscaping along SR A1A including, where appropriate, cluster
landscape features.
III. Installation of street furniture and decorative lighting (solar powered lighting
where possible) and traffic signage.
IV. Construction of curb and gutter along both sides of roadway. This will require
limited/as-necessary right-of-way acquisition funding for stormwater ponds
and clipped corners at intersecting roadways. Consider bio-swales within
landscaping plan for SR A1A; bio-swales will need to be located near existing
storm drain inlets so stormwater overflow can enter system.
V. Construction of wide sidewalks in addition to wide buffered, protected and
separated bike lanes (appropriately marked/stenciled), along both sides of SR
A1A to more safely accommodate pedestrians and bicyclists; improve
sidewalks along SR A1A in an ADA compliant manner.
VI. Construction of low -maintenance stormwater improvements near stormwater
outfalls that address ponding and water quality, including pre-treatment for
nitrogen and phosphorus. Stormwater gardens might be considered in historic
ponding areas.
VII. Where appropriate and needed to improve pedestrian and bicycle safety, install
native vegetation "islands," crosswalk striping including on side -streets
feeding into SR A1A and other arterial roadways, traffic calming devices, and
pedestrian/vehicle barriers.
3. Realignment of International Drive:
The realignment of International Drive with North Atlantic Avenue will require right-of-
way (ROW) acquisition funding and must address not only the roadway alignments, but
also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings.
Include marked crosswalks on all sides of this intersection. The International Drive
Realignment Project Design is currently funded and underway.
4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard:
The installation of an audible/signalized intersection at Thurm Boulevard will require the
private property owners on the east side of Astronaut Boulevard to design and construct
an aligned common driveway.
5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to
the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as
appropriate, be advanced on the prioritized list of projects for curb and gutter
improvements in order to provide for bicycle and pedestrian safety and while seamlessly
transporting traffic through the City of Cape Canaveral and provide for the general
aesthetic of a unified corridor.
City Vision Priority Items
1. Reduction in overhead lines to include undergrounding of utilities and replacement of
existing utility poles with decorative poles. There are over 100+ overhead wires crossing
SR A1A in the City. Any reduction in these wires (without impacting existing services)
would improve the aesthetics of the entire corridor.
2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of
effective and efficient decorative wayfinding signage (with landscaping) directing
pedestrians to parks, police, fire and other City and government facilities that pedestrians
commonly need to travel.
3. Beautification efforts. Authorize and support City -initiated beautification efforts along
SR A1A and other state roadways and land within the City such as the City's Adopt-A-
Median/Roadway Landscape Program and Art Utility Box Program.
4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner
that is not only functional, but aesthetically pleasing and consistent with the City's on-
going branding and strategic planning efforts.
FDOT Proposed Section
100.0'
12.0
20'0'
22'.0'
20'.0'
12'.0'
10'0'
7'0'
11'0'
11'0'
8'.9'
8'.9'
11'.0'
11'.0'
7'.0
10'.0'
2'.0'
6'.0'6'.0'
2'.0'
2'.0'
4'
4'
2'.0'
2'.0'
6 ft. sidewalk
Curb and gutter
Widen two 10 ft. travel lanes to
two 11 ft. travel lanes
Curb and Gutter
17 ft.raised median
Curb and Gutter
Widen two 10 ft. travel lanes to
two 11 ft. travel lanes
7 ft. bike lane (striped)
Curb and Gutter
6 ft. sidewalk
City of Cape Canaveral Proposed/Conceptual Section
(using same FDOT dimensions - inverted profile)
100'0'
12'.0'
20'0'
22'.0'
20'.0'
12'.0'
10'0'
7'.0'
11'.0'
11'.0'
8'.9'
8'.9'
11'.0'
11'.0'
7'.0'
10'.0'
2'.0'
6'.0'
6'.0'
4'
4'
2'.0'
2.'0'
2'.0'
6'.0'
6 ft. sidewalk
Curb and Gutter
Concrete curb/bike lane separator
7 ft bike lane (separated)
Retain existing two 10 ft travel lanes
Curb and gutter
17 ft. raised median
Curb and gutter
Retain existing two 10 ft travel lanes
Concrete curb/bike lane separator
7 ft. bike lane (separated)
Curb and gutter
6 ft. sidewalk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • JANUARY 18, 2022
AGENDA ITEM SUMMARY • ITEM # 13
Subject: ProChamps Update — receive Report and no action to be taken.
Item is presented for informational purposes only and no action will be taken.
Department: Community and Economic Development
Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare an
additional update on the implementation of the ProChamps vacation rental platform. The following
is provided :
Updated implementation metrics (snapshot on 1/5/2022):
• Number of vacation rental properties identified - 301
• Number of registered properties - 134
• Number of complaints — (awaiting updated data from ProChamps)
• Remittance to City to date - $25,300.00
• Number of properties sent a compliance letter for operating without a City BTR since
October 1, 2021 — 23
• Code Enforcement Actions — Code Enforcement actions are pending the receipt of
actionable data/documentation from ProChamps.
Submitting Department Director: David Dickey Date: 01/11/22
Attachment: n/a
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 01/11/22
The City Manager recommends the City Council take the following action:
Receive Report and no action to be taken.
Approved by City Manager: Todd Morley Date: 01/11/22
ITEM # 14
City of Cape Canaveral
John DeLeo, Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager
FROM: John DeLeo, Administrative Financial Services Director
DATE: December 27, 2021
RE: Monthly Financial Report — November 2021
Staff is pleased to present the Monthly Financial Report for the period ending November 30, 2021.
At this point in the Fiscal Year, the Year to Date Actuals should be 16.7% of the total annual
budget.
Total General Fund Departmental costs are under target at 12.9%. Administrative Services is
running under target at 10.3%. Fire Rescue and Protective Services combined costs are over target
by 10.7%. Community/Economic Development and Building/Code Enforcement are under cost by
11.9%. Leisure Services is 9.6% below target. Non -Departmental expenditures are under
budgetary projections at 11.1 %.
The Community Redevelopment Agency (CRA) has incurred $376,461 of expenses for the current
Fiscal Year.
Wastewater Fund overall costs are under target by 1.2%.
The Stormwater Fund is under target cost at 4.9%.
The City's General Fund investments total $9,100,669.10; Special Revenue investments total
$395,511.31; and Enterprise Fund investments total $532,770.18. The Grand total of all
investments is $10,028,950.59. The Annual Rate of Return for each Investment is attached.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended November 30, 2021
Revenue
Ad Valorem Tax
To date, the City has received 76.4% of Ad Valorem revenue. This includes an accrual for the 11/16-11/30 Ad Val
payment received in December. The City should see the highest income in December and less income as the
fiscal year continues.
Local Option Gas Tax
This amount represents accruals for October and November.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents accruals for October and November.
Permits and Licenses
Permits and Licenses are below target at 11.1%.
State Shared Revenues
This amount represents accruals for October and November. This revenue source includes State Sales Tax,
Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax.
Garbage and Recycling Revenues
This amount represents actual collections for October and an accrual for November. These are close to target at
16.3%.
Recreation Fees (Leisure Services)
Recreation Fees are below target at 14.4%. This revenue source continues to have unknown ramifications of
COVID-19.
Investment Income
Investment Income is below target at 6.6%. The November SPIA bank statements were not available at the time
of this report, resulting in lower interest income for November. Below target is also a direct result of a fluctuating
market in the rate of return. Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October and an accrual for November. It is right on target at 16.9%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October and an accrual for November. It is slightly below target at
15.7%.
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
GENERAL FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,401,200 0.0% 233,533
Cash Forward - R&R 595,500 0.0% 99,250
Ad Valorem Taxes 5,138,467 3,923,825 76.4% 856,411
Local Option Gas Tax 320,000 53,334 16.7% 53,333
Franchise Fees 844,168 130,625 15.5% 140,695
Utility Taxes 1,237,596 202,306 16.3% 206,266
Communications Service Tax 392,450 65,994 16.8% 65,408
Permits & Licenses 666,800 74,183 11.1% 111,133
Impact Fees 701,250 0.0% 116,875
State Grants 253,600 0.0% 42,267
State Shared Revenue 946,795 159,429 16.8% 157,799
Local Shared Revenue 138,918 0.0% 23,153
Charges for Services 24,250 0.0% 4,042
Garbage & Recycling Revenue 1,216,484 197,773 16.3% 202,747
Recreation Fees 75,375 10,847 14.4% 12,563
Fines & Forfeitures 14,325 954 6.7% 2,388
Interest Income 57,270 3,768 6.6% 9,545
Fire Hydrant Rental Fee 81,800 6,834 8.4% 13,633
Miscellaneous Revenue 95,300 3,339 3.5% 15,883
PAL Program Revenue 41,000 31,719 77.4% 6,833
Transfer from School Guard Crossing Fund 2,050 0.0% 342
Transfer from CC Redevelopment Fund 686,093 0.0% 114,349
Contribution from Wastewater Fund 707,506 117,918 16.7% 117,918
Contribution from Stormwater Fund 19,566 3,261 16.7% 3,261
Loan Proceeds 3,950,000 500,000 12.7% 658,333
TOTAL REVENUES $ 19,607,763 $ 5,486,109 28.0% $ 3,267,961
EXPENDITURE
Legislative
Administrative Services
Comm Dev/Code Enf/Econ Development
Protective Services
Fire / Rescue Services
Building
Infrastructure Maintenance
Community and Cultural Affairs
Leisure Services
Legal Services
Solid Waste
Debt Service
Non -Departmental
Contingency
TOTAL EXPENDITURES
74,948
575,650
791,259
3,309,761
2,647,475
330,190
1,405,460
295,128
1,348,753
297,432
1,211,916
1,292,475
5,792,823
234,493
4,569 6.1% 12,491
59,503 10.3% 95,942
91,829 11.6% 131,877
790,432 23.9% 551,627
533,652 20.2% 441,246
32,681 9.9% 55,032
136,367 9.7% 234,243
28,727 9.7% 49,188
95,638 7.1% 224,792
11,064 3.7% 49,572
103,972 8.6% 201,986
- 0.0% 215,413
643,397 11.1% 965,471
0.0% 39,082
$ 19,607,763 $ 2,531,830 12.9% $ 3,267,961
Excess of Revenues Over/ (Under) Expenditures $ 2,954,279
Page 1 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
POLICE EDUCATION FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,380 83 6.0% 230
Interest Income 230 12 5.1% 38
TOTAL REVENUES $ 1,610 $ 95 5.9% $ 268
EXPENDITURE
Education & Training - 0.0% -
Contingency 1,610 0.0% 268
TOTAL EXPENDITURES $ 1,610 $ - 0.0% $ 268
Excess of Revenues Over/ (Under) Expenditures
$ 95
FIRE PROTECTION FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R - 0.0% -
Interest Income 504 30 6.0% 84
Impact Fees 9,500 0.0% 1,583
TOTAL REVENUES $ 10,004 $ 30 0.3% $ 1,667
EXPENDITURE
Transfer to General Fund - 0.0% -
Contingency 10,004 0.0% 1,667
TOTAL EXPENDITURES $ 10,004 $ - 0.0% $ 1,667
Excess of Revenues Over/ (Under) Expenditures $ 30
Page 2 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
SCHOOL CROSSING GUARD FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,200 0.0% 200
Parking Fine Surcharge 850 50 5.9% 142
Interest Income 0.0%
TOTAL REVENUES $ 2,050 $ 50 2.4% $ 342
EXPENDITURE
Transfer to General Fund 2,050 0.0% 342
Contingency 0.0%
TOTAL EXPENDITURES $ 2,050 $ - 0.0% $ 342
Excess of Revenues Over/ (Under) Expenditures
$ 50
LIBRARY FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward - 0.0% -
Ad Valorem Taxes 67,481 17,340 25.7% 11,247
Ad Valorem Tax Delinquent 50 0.0% 8
Tax Penalty Income 60 6 10.7% 10
Interest Income 6,180 331 5.4% 1,030
Interest - Library Impact Fees 0.0% -
Interest - Tax Collections 42 6 14.6% 7
Impact Fees - Library 12,100 0.0% 2,017
Miscellaneous Revenue 0.0% -
TOTAL REVENUES $ 85,913 $ 17,683 20.6% $ 14,319
EXPENDITURE
Operating Expenses 40,100 8,684 21.7% 6,683
Capital Purchases 30,000 0.0% 5,000
Contingency 15,813 0.0% 2,636
TOTAL EXPENDITURES $ 85,913 $ 8,684 10.1% $ 14,319
Excess of Revenues Over/ (Under) Expenditures $ 8,999
Page 3 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward - 0.0% -
Shared Revenue from Cape Canaveral 943,062 0.0% 157,177
Shared Revenue from Brevard County 943,062 0.0% 157,177
Interest Income 288 0.0% 48
Transfer from General Fund 3,793,193 500,000 13.2% 632,199
Transfer from Stormwater 65,000 0.0% 10,833
TOTAL REVENUES $ 5,744,605 $ 500,000 8.7% $ 957,434
EXPENDITURE
Operating Expenses 11,559 370 3.2% 1,927
Capital Purchases 4,783,693 376,091 7.9% 797,282
Debt Service 938,417 0.0% 156,403
Contingency 10,936 0.0% 1,823
TOTAL EXPENDITURES $ 5,744,605 $ 376,461 6.6% $ 957,434
Excess of Revenues Over/ (Under) Expenditures
$ 123,539
LAW ENFORCEMENT TRUST FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 7,526 0.0% 1,254
Contraband Income 1,000 0.0% 167
Interest - State 45 2 3.7% 8
TOTAL REVENUES $ 8,571 $ 2 0.0% $ 1,429
EXPENDITURE
School Resource Officer 6,203 0.0% 1,034
Contingency 2,368 0.0% 395
TOTAL EXPENDITURES $ 8,571 $ - 0.0% $ 1,429
Excess of Revenues Over/ (Under) Expenditures $ 2
Page 4 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
WASTEWATER ENTERPRISE FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 434,000 200,000 46.1% 72,333
Utility Operating Income 4,056,805 683,721 16.9% 676,134
Utility Penalty Income 62,015 6,050 9.8% 10,336
Sewer Assessment Fees 84,000 0.0% 14,000
Reuse Hook -Up Fees 2,925 0.0% 488
Reclaimed Water Revenue 91,650 7,507 8.2% 15,275
Investment Income 6,240 293 4.7% 1,040
Sale of Fixed Assets 2,000 0.0% 333
Interfund Transfer 0.0% -
Transfer from CC CRA Fund 52,324 0.0% 8,721
SRF Loan Proceeds 2,096,500 175,303 8.4% 349,417
Miscellaneous Income 2,000 76,691 3834.6% 333
TOTAL REVENUES $ 6,890,459 $ 1,149,565 16.7% $ 1,148,410
EXPENDITURE
Personal Services
Operating Expenses
Debt Service
Capital Purchases
Contribution to General Fund
Contingency
TOTAL EXPENSES
1,683,277
1,338,021
551,629
2,530,500
707,506
79,526
252,422 15.0%
155,226 11.6%
0.0%
544,712 21.5%
117,918 16.7%
0.0%
280,546
223,004
91,938
421,750
117,918
13,254
$ 6,890,459 $ 1,070,278 15.5% $ 1,148,410
Excess of Revenues Over/ (Under) Expenses $ 79,287
Page 5 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended November 30, 2021
STORMWATER ENTERPRISE FUND
FY 2021-2022 YTD % OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 205,100 0.0% 34,183
Stormwater Utility Fees 1,159,200 181,694 15.7% 193,200
Investment Income 2,376 202 8.5% 396
Grant - FIND 131,400 0.0% 21,900
TOTAL REVENUES $ 1,498,076 $ 181,896 12.1% $ 249,679
EXPENDITURE
Personal Services 323,291 51,364 15.9% 53,882
Operating Expenses 295,590 18,124 6.1% 49,265
Capital Purchases 336,500 0.0% 56,083
Contribution to General Fund 19,566 3,261 16.7% 3,261
Transfer to CRA 65,000 0.0% 10,833
Contingency 458,129 0.0% 76,355
TOTAL EXPENSES $ 1,498,076 $ 72,749 4.9% $ 249,679
Excess of Revenues Over/ (Under) Expenses $ 109,147
Page 6 of 6
Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE
As of November 30, 2021 the following funds were invested with the State of Florida Division of Treasury, with a rate of return 1.14%
Interest earned for the month: $ 308.54
General Fund
Restricted (by outside party)
Total Restricted $
Committed (Constrained by Council)
Expansion Recreation
Expansion Police
Capital Equipment Renewal & Replacement
Total Committed
Assigned - General Fund Emergency Reserve
Unassigned
Total General Fund SPIA Investments:
Florida Safe General Fund Emergency Reserve - 0.06% (average monthly)
Florida Safe Combined - Note 2017 - 0.06% (average monthly)
Florida Safe Note 2021 - 0.06% (average monthly)
Florida Safe ARPA Reserve - 0.06% (average monthly)
Total General Fund Florida Safe Investments:
44,075.06
33,369.27
638,805.33
$ 716,249.66
$ 1,495,349.01
$ 664,166.33
$ 2,875,765.00
1,252,877.23
1,149,638.58
1,200,078.80
2,622,309.49
$ 6,224,904.10
$ 6,224,904.10
Total General Fund Investments: $ 9,100,669.10
Special Revenue Funds
Restricted (by outside party)
Police Education Fund 12,456.65
Aerial Fund 31,997.32
School Crossing Guard Fund -
Library Fund 164,025.41
Library Fund Restricted 185,249.35
Law Enforcement Trust Fund 1,782.58
Capital Expansion Funds:
Fire Rescue Capital Expansion -
General Government Capital Expansion
Total Restricted $ 395,511.31
Total Special Revenue Fund SPIA Investments:
$ 395,511.31
Enterprise Funds
Wastewater Fund:
Wastewater General - Unrestricted
Wastewater Fund Renewal & Replacement
Stormwater Fund:
Stormwater Fund - Unrestricted
Stormwater Fund Renewal & Replacement
315,409.01
$ 315,409.01
217,361.17
$ 217,361.17
Total Enterprise Fund SPIA Investments:
532,770.18
TOTAL SPIA & FLSAFE INVESTMENTS
$ 10,028,950.59