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CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA February 15, 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 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/4643990090849140237 Instructions for using GoToWebinar: www.cityofcapecanaveral.org/instructions 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 16:15 p.m. - 6:25 p.m. Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021 — Presentation by Zach Chalifour, James Moore & Co. Interview Applicants for appointment to the Culture and Leisure Services Board. (Betsy Ronk and Mary Mosquera) CONSENT AGENDA 1 6:25 p.m. - 6:30 p.m. 1. Approve Minutes for January 18, 2022 Special and Regular City Council Meetings. 2. Resolution No. 2022-02; 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. (Betsy Ronk and Mary Mosquera) 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. OLD BUSINESS (ITEMS FOR DISCUSSION) 1 6:30 p.m. - 6:50 p.m. 4. Compensation for the City's elected officials. (Postponed at the December 21, 2021 and January 18, 2022 Regular Meetings) 5. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond) (Postponed at the January 18, 2022 Regular Meeting) City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Agenda • Page 2 of 4 PUBLIC HEARINGS 1 6:50 p.m. - 8:00 p.m. 6. 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 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, second reading; and Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of Property located along the North and South Side 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, second reading. 7. 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, second 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, second reading. 8. 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, second 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, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Agenda • Page 3 of 4 9. 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, second 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, second reading. 10. 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, second 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, second reading. 11. 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, second 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, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Agenda • Page 4 of 4 12. 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, second 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, second reading. ITEMS FOR DISCUSSION 1 8:00 p.m. - 8:40 p.m. 13. City of Cape Canaveral Community Center (MGF) (Submitted by Council Member Willis) 14. Electric Vehicle Charging Stations (Submitted by Council Member Willis) 15. Sidewalk Needs and Assessment Plan and Evaluation Tool (Submitted by Council Member Willis) 16. Discussion regarding the City's off-street parking requirements as contained in Sec. 110-491 of the City Code. (Submitted by Council Member Kellum) INFORMATIONAL 1 8:40 p.m. - 8:50 p.m. Items are presented for informational purposes only and no action will be taken. 17. Monthly Financial Report — December 2021 18. ProChamps Update REPORTS 1 8:50 p.m. — 9:00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021 — Presentation by Zach Chalifour, James Moore & Co. Department: Financial Services Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2021. James Moore & Co. determined the Financial Statements present fairly, in all material respects, the financial position of the City of Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit was conducted in accordance with Generally Accepted Auditing Standards and Government Auditing Standards. The findings and recommendations will be presented by Audit Manager Zach Chalifour. Financial Highlights: • The assets of the City exceeded its liabilities at the close of the most recent year by $53.4 million (net position). Of this amount, $7.9 million (unrestricted net position) may be used to meet the City's ongoing obligations. • The City's total net position increased by $1.35 million. This is the result of construction projects completed during the year and the addition of capital assets, funded primarily through capital contributions and grants. • At the close of the fiscal year, the City's governmental funds reported combined ending fund balances of $8.34 million, a decrease of $4 million in comparison with the prior year due to expenditures incurred for construction of the Multi -Generational Facility (MGF) and the Culture, Arts, Preservation and Enrichment (CAPE) Center. • At the close of the fiscal year, fund balance for the General Fund was $8,525,777. Of this amount, $849,212 relates to inventory and prepaids as well as long-term advances and is therefore nonspendable. The remaining fund balance includes: restricted ($286,208), committed ($2,061,783), assigned ($1,996,700) and unassigned ($3,331,874) balances. Within the committed fund balance category, the largest piece is $1,649,486 committed for the construction of a Multi -Generational Facility (MGF) and Culture, Arts, Preservation and Enrichment (CAPE) Center. Unassigned funds are available to fund on -going activities of the City's various General Fund services and programs. • The City's total long-term liabilities decreased $473,263. This was due to receipt of additional State Revolving Fund money ($1,099,699), offset by annual debt service payments on the Capital Improvement Revenue Notes ($1,165,000) and State Revolving Loans ($407,962). Submitting Department Director: John DeLeo Date: 02/08/22 Attachment: James Moore & Co. Presentation Financial Impact: Staff time to prepare this Agenda Item and cost of the Audit. Reviewed by Administrative/Financial Services Director: : John DeLeo Date: 02/02/22 City of Cape Canaveral City Council Meeting • February 15, 2022 Presentations/Interviews Page 2 of 2 The City Manager recommends the City Council take the following action: Receive Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. Approved by City Manager: Todd Morley Date: 02/07/22 Presentation To: City of Cape Canaveral, Florida Annual Audit for the Year Ended September 30, 2021 Presented by: Zach Chalifour, CPA February 15, 2022 Certificate of Achievement for Excellence in Financial Reporting Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Cape Canaveral Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2020 Executive Director CEO [Photo of City Hall] CAPE CANAVERAL JAMESMOORE Auditors' Reports • Audit Report (pages 20-22) — Unmodified opinion • Single Audit Report on Compliance (pages 108-109) — State single audit; no findings • Internal Control and Compliance Report (pages 110-111) — No finding or comments • Chapter 10.550 Auditor General Report (pages 112-114) — 1 other recommendation: Impact Fee Accounting • Independent Accountants' Examination Report (page 115) — In compliance with state statutes CAPE CANAVERAL CITY OF [Photo of Welcome Sign] Welcome CITY OF Cape Canaveral EST 1963 JAMESMOORE General Fund (Page41) Fund Balance 9/30/2021 9/30/2020 9/30/2019 Nonspendable $ 849,212 $ 1,782 $ 4,623 Restricted 286,208 343,022 612,387 Committed 2,061,783 6,805,686 6,427,779 Assigned 1,996,700 1,735,350 1,206,400 Unassigned 3,331,874 3,849,504 3,523,099 Total $ 8.525.777 $ 12.735.344 $ 11.774.288 CAPE CANAVERAL JAMESMOORE General Fund (continued) • GFOA Recommendation: — Minimum of 2 Months (16.7%) of recurring expenditures and transfers out in assigned + unassigned fund balance. • Total Assigned/Unassigned Fund Balance $ 5,584,854 • CY Expenditures Recurring Transfers Out $12,276,276 • Percentage Assigned/Unassigned Fund Balance as a percentage of Expenditures and Transfers out 43.4% • Prior Year % 47.2% CAPE CANAVERAL JAMESMOORE CRA Fund (Pages 41 & 43) • Total Fund Balance $ 144,454 • Revenue Increase Last 3 Years 2021 2020 2019 $1,566,301 $1,149,413 $938,108 • Expenditures — $5,480,893 operating and capital outlay — $718,648 transfers out for debt service payments • Separate Audit Issued — no findings • Separate Examination Report on Compliance with specified CRA statutes — in compliance CAPE CANAVERAL JAMESMOORE Other Highlights • Proprietary Funds — Unrestricted Net Position 2021 2020 2019 Wastewater $808,119 $475,647 $1,638,679 Stormwater $1,644,466 $1,595,518 $1,164,421 • Debt — $1.1 million in SRF loan drawdowns (6 loans) — $1.6 million in total debt repayments • ARPA - $2.6 million in unearned revenue CAPE CANAVERAL JAMESMOORE Questions? [Photo of beach crossover] CAPE CANAVERAL JAMESMOORE CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Culture and Leisure Services Board. (Betsy Ronk and Mary Mosquera) 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. Currently, there are two vacancies. Ms. Ronk and Ms. Mosquera are residents of Cape Canaveral and both meet minimum qualification requirements for CLSB membership (Attachments #1 and #2). It is proposed that Ms. Ronk and Ms. Mosquera be appointed to fill the two current vacancies. Should the Council approve these appointments, the Board will have a full roster. 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. Based on the Applicants' interest and positive recommendation from the CLSB at its September 30, 2021 meeting (Attachment #3), it is recommended Council interview Ms. Ronk and Ms. Mosquera. Submitting Department Director: Gustavo Vergara Date: 02/08/22 Attachments: 1. Board Application: Betsy Ronk 2. Board Application: Mary Mosquera 3. CLSB Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 02/02/22 The City Manager recommends the City Council take the following action: Interview Applicants. Approved by City Manager: Todd Morley Date: 02/07/22 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: Elizabeth (Betsy) Ronk Home Address: 7048 Sevilla Ct Unit 302 Cape Canaveral, FL 32920 Phone Number. 2624245756 Occupation: Retired Business Phone: Business Address: Email: betsyronk@yahoo.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 ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ■ Yes ❑ No 3. Are you a Business owner? ❑ Yes ■ 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 ■ No a. If yes, have your civil rights been restored? ❑ Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ■ No a. If yes, please list each: 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? ■ Yes ❑ No Initials: ER 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ■ 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: Volunteer my time to help promote the city and make the citizen voices hear to administration. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Community Appearance Board d. 1 Culture and Leisure Services Board e. 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: None in government but many various ones in the area of healthcare in my work experience. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Health professional with background also in software systems. Healthcare background has made health and fitness a priority in my life. 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: ❑ African American ❑ Asian American ❑ Hispanic American ■ Caucasian ❑ Other Gender. ❑ Male ■ Female ❑ 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: [Elizabeth Ronk] Date: [1-7-2022] Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED JAN 10 2022 DL CCO Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 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: Mary Mosquera Home Address: 311 Ocean Park Lane Phone Number. 301-741-0039 Occupation: Retired Business Phone: NA Business Address: NA Email: mbmosquera@yahoo.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 ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ■ Yes ❑ No 3. Are you a Business owner? ❑Yes ■ 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 ■ No ❑Yes ❑ No a. If yes, have your civil rights been restored? 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ■ No a. if yes, please list each: 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? ■ Yes ❑ No Initials: MbM 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑Yes ■ 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: civic and community interest 2. In numerical sequence (1=most interested), please rank the advisory boards do which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Community Appearance Board d. 1 Culture and Leisure Services Board e. 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 govemmental board or committee: None 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. None 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: ❑ African American ❑ Asian American ❑ Hispanic American ■ Caucasian ❑ Other Gender. ❑ Male ■ Female ❑ 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 [Mary Mosquera] Date: [1/19/2022] Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED JAN 20 2022 CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 3 Memo Cultural + Community Affairs TO: City Council VIA: Todd Morley, City Manager FROM: Gustavo Vergara, Leisure Services Director DATE: February 1, 2022 RE: Recommendation to the City Council — Culture + Leisure Services Board At its January 27, 2022 Culture and Leisure Services Board Meeting, the Board interviewed Betsy Ronk and Mary Mosquera 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 the vacancies on the Board. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday January 18, 2022 5:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:31 p.m, and stated the Meeting would come to a hard stop at 6:00 p.m. for the Regular City Council Meeting. Council Member Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis Mayor Pro Tem Mickie Kellum (arrived 5:35 p.m.) Mayor Wes Morrison Council Member Angela Raymond Council Member Don Willis (via GoToWebinar) 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 Brett Lockhart PUBLIC PARTICIPATION: Bruce Robertson, resident, discussed opposition to the City purchase of property located at 7404 N. Atlantic Avenue. Sarah Hodge, property owner, discussed opposition to the City purchase of property located at 7404 N. Atlantic Avenue. Scott Holmes, resident and property owner, discussed opposition to the City purchase of property located at 7404 N. Atlantic Avenue. Peggy Green, resident, discussed opposition to the City purchase of property located at 7404 N. Atlantic Avenue. Andrew Dodge, discussed the Civic Hub project, whether the City could extricate itself from the purchase of the property located at 7404 N. Atlantic Avenue without harm and concern for current tenants. David Slaiman, resident, discussed opposition to the Civic Hub project. Patrick Campbell, resident, discussed opposition to the Civic Hub project. Patricia Dugan, resident, discussed opposition to the Civic Hub project. Discussion ensued regarding continuing the Meeting past 6:00 p.m., and how the Council Code of Conduct should not be broken continuing to debate an Item that was already approved. City Attorney Garganese advised going fifteen minutes over is acceptable. Mayor Morrison stated the Regular Meeting will start at 6:15 City of Cape Canaveral, Florida DRAFT City Council Special Meeting • January 18, 2022 Minutes • Page 2 of 3 p.m. Gwendolyn Hagar, resident, discussed not having heard about the City's desire for such a project over the years. Catherine Quellette, resident, discussed opposition to the Civic Hub Project and concerns over debt. John Stevely, resident, discussed opposition to purchase of the property located at 7404 N. Atlantic Avenue. Lillian Myers, resident, discussed need for and support of businesses and more amenities to attract people to the City, and the need to pause long enough to communicate more about the Civic Hub Project to citizens. Charles Kilgore, resident, discussed a need to examine what the business model and return on investment for the Project is and support for managed business growth. Sean Fitzgerald, resident, discussed desire to learn more about the Civic Hub Project. DISCUSSION: 1. Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue: City Manager Morley provided a summary of the Item and stated there will be a future workshop on the design and use of the facility. Discussion ensued and support and opposition for the Project, the Project's approval and support to move forward, the City's Council -Manager form of government, costs related to elected officials contacting the City Attorney, disappointment over amount of time for discussion, questions and concerns regarding the previous owner's asking price for purchase of the property, comparisons of the Project to other needs/costs in the City, the legal process and procedure for purchasing 7404 N. Atlantic Avenue, Mayor Morrison's poll of the City Council regarding his suggestion to direct City Attorney Garganese draft a memorandum confirming the purchase of the property is compliant with State law before moving forward and counter debate regarding same. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to direct the City Attorney to provide a memo, before closing, on compliance with State law. Discussion continued regarding dropping the issue if the memo confirms the purchase to have been done properly, whether the Comprehensive Plan needs to be included for citizen input, how citizen input was gathered regarding support for more greenspace at the first Community Visioning Meeting, and City Attorney Garganese' statement that he is well aware of State statute and will provide the memo as directed. The motion carried 3-2, with Council Members Davis and Raymond voting against. Shannon Roberts, resident, discussed how the timing was not right in the past to purchase the commercial property, praised Council approval of the Project and a desire to understand second-guessing of Council decisions. Council reached consensus to continue the meeting at 6:52 p.m. 2. Status update regarding City Council's offer to reimburse relocation expenses incurred by the tenants, Hair Port Salon and Iteck, related to the City's acquisition of 7404 N. Atlantic Avenue, and consider approval of the counteroffer submitted by Hair Port Salon, and provide such other related direction as deemed necessary by City Council: City Manager Morley explained the Item. Discussion ensued and included budgeted funds to reimburse the tenant, American Rescue Act funds, support for providing relocation expenses to the tenant and pros and cons of applying relocation expenses to reduce the purchase price of the property. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve the counteroffer submitted by Hair Port Salon, and to issue relocation assistance of $5,000 after closing. City Attorney Garganese reviewed City Council actions leading to today, Hair Port Salon found another location and has relocated, Iteck found another place and has not yet City of Cape Canaveral, Florida DRAFT City Council Special Meeting • January 18, 2022 Minutes • Page 3 of 3 relocated. Discussion ensued and included how liability was taken off the owner and put on the City and the pros and cons of the Item. Shannon Roberts, resident, discussed support for the motion. Joe Abreu, resident, urged the Council to wait until the closing before approval of the counteroffer from the tenant. Nelson Rivera, Hair Port Salon, discussed challenges of moving the salon, luck of finding a new location and waiting to open upon State approval. Bruce Robertson, resident, discussed the Agenda Items and what the Council owes the tenants. Patricia Dugan, resident, discussed opposition to the Item. Gwendolyn Hagar, resident, discussed opposition to the Item. Discussion ensued and included timeline for payment to the Hair Port Salon, timeliness of the payment related to Iteck and the real estate closing schedule. Sam Green, property owner, discussed opposition to the Item. Discussion continued regarding Council direction to Staff on when to release funds to both Hair Port Salon, which has relocated, and Inteck which has not yet relocated and potential risk to the City while the tenant remains on the property. The motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. 3. Status update regarding City Council's offer to reimburse relocation expenses incurred by the tenants, Hair Port Salon and Iteck, related to the City's acquisition of 7404 N. Atlantic Avenue, and consider approval of the counter proposal submitted by Iteck, and provide such other related direction as deemed necessary by City Council: Mayor Morrison explained the Item. Discussion included timeline to reimburse Iteck. Smaily Ochoa, Iteck, discussed status of his business decision to move to another location within the City and inability to provide a definite date to move out. Discussion ensued and included direction to City Manager Morley to work with Mr. Ochoa to come to an agreement regarding the deadline to move out no later than January 26, 2022. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve the counteroffer submitted by Iteck, and to issue relocation assistance of $5,000 after closing. Discussion ensued and included confirmation by Staff to work with Mr. Ochoa to come to an agreement regarding his responsibility to move out before the closing. Nelson Rivera, Hair Port Salon, discussed concerns if the sale does not happen. City Manager Morley confirmed Staff is confident the Seller wants to sell by the closing date. Charles Kilgore, resident, inquired about the assignment of risk and Iteck's lease with the Owner/Seller. City Manager Morley confirmed Mr. Ochoa is not protected by a lease with Owner/Seller, having agreed to operate that way for some time. Gwendolyn Hagar, resident, thanked Mr. Ochoa for deciding to continue business in the City and expressed desire for the City to help him in the transition. The motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. ADJOURNMENT: Mayor Morrison called for a fifteen minute recess. There being no further business, the Meeting adjourned at 7:58 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 Hybrid Meeting via GoToWebinar Tuesday January 18, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 8:18 p.m. Mayor Pro Tem Kellum 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 Community and Economic Development Director Cultural + Community Affairs Director Leisure Services Director Public Works Services Director Deputy City Clerk Deputy Community and Economic Dev. Director Brevard County Sheriff's Office Commander Brevard County Sheriffs Office Lieutenant Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas Gustavo Vergara James Moore Daniel LeFever Zachary Eichholz Byron Keck Brett Lockhart Scott Molyneaux PUBLIC PARTICIPATION: Andrew Dodge, resident, discussed adherence to the City Council Code of Conduct, the need to reduce length of meetings, moving power lines underground, support for referendum to limit project costs, and recommendation for Council to adopt an ordinance or force a referendum for same. Bruce Robertson, resident, discussed opposition to a roundabout on State Road A1A. Sarah and Bill Hodge, property owners, both discussed opposition to a roundabout on State Road A1A. Jim Cannon, Intergovernmental Coordinator with St. Johns River Water Management District, introduced himself as the new Coordinator and replacement for Abby Johnson, discussed background, and offered services to the City. Scott Holmes, resident and property owner, requested an update regarding the Waste Pro discussion from the Regular City Council Meeting of December 21, 2021 and discussed support for allowing other small City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 2 of 7 dumpster companies to provide services to the community. City Manager Morley confirmed he spoke with Waste Pro Municipal Liaison Platt Loftis who is checking on the terms of the Contract and requested Mr. Holmes contact the City Manager for an answer within the next couple of days. Mr. Holmes thanked Council and City Manager Morley. Kay Jackson, resident and property owner, discussed concerns regarding ProChamps carrying out the terms of its Contract with the City to identify businesses operating out of compliance, how some businesses avoid citation and the conclusion that if she does business under the table she will not get caught. Mayor Morrison discussed ProChamps is present and his intention to meet with Ms. Jackson. Ray Osborne, resident, discussed a continual beach clean-up program he challenges the City to implement. Mayor Morrison complimented and thanked Mr. Osborne. PRESENTATIONS/INTERVIEWS: Interview Applicant for appointment to the Culture and Leisure Services Board. (Mike Truitt): Mr. Truitt discussed his background and interest in serving on the Board. Council addressed and thanked Mr. Truitt. City Attorney Garganese confirmed with Mr. Truitt, the information contained within his application was true and correct. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2020: Mayor Morrison presented the Certificate to Administrative/Financial Services Director DeLeo who in turn recognized Financial Services Staff efforts. Council congratulated Mr. DeLeo and Staff. 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: Mayor Morrison read the Proclamation and presented it to Community and Economic Development Director Dickey who explained the Proclamation is a Mission Statement to be implemented. Council Member Raymond announced the Annual Sea Oats Planting is the first week of February. CONSENT AGENDA: 1. Approve Minutes for December 7, 2021 Special City Council Meeting and December 21, 2021 Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Item 1. The motion carried 5-0. 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: Mayor Morrison explained the Item needed to be removed from the Agenda as the Ordinance no longer being relevant. A motion was made by City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 3 of 7 Council Member Raymond, seconded by Council Member Davis, to remove Ordinance No. 01-2022 from the Agenda. The motion carried 5-0. Council reached consensus to hear Item No. 13 prior to the Public Hearing Items. INFORMATIONAL: Item presented for informational purposes only and no action will be taken. 13. ProChamps Update: ProChamps National Government Relations Director Scott Blasie discussed efforts to improve/repair deficiencies in their services to the City including meeting with City Manager Morley, Community and Economic Development Director Dickey and Senior Code Enforcement Officer Brian Palmer, and hopes that citizens will continue to share concerns. Council thanked Mr. Blasie. PUBLIC HEARINGS: Council reached consensus to hear Item No. 8 before Item No. 3 to accommodate the attendees present related to Item No. 8. City Manager Morley provided an overview of the Public Hearing Items related to the protection of residential property rights. 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: Community and Economic Development Director Dickey explained the issues regarding legal, non -conforming properties made so by removal of Special Exceptions from the City Code. City Attorney Garganese explained both Items, read both titles into the record, advised opening the Public Hearing for both Ordinances, and Council vote on each item separately. The Public Hearing was opened. Kim Rezanka, counsel representing Don Haynes the owner of 143 Oak Lane, explained their objection to the future land use change and why. Discussion ensued and included Planning and Zoning Board discussions with the property owner regarding plans for a residential development years ago, the roadwork planned for Oak Lane, property owners may provide input at the next City Council Meeting, the process for amendments to the Site Plan regarding compatibility, there being no other Oak Lane property owners in objection to the measure that is yet known, and providing mailers to property owners. Shannon Roberts, resident, discussed support for the proposal and stated N. Atlantic Avenue is prime for the City Visioning. John Stevely, resident and business owner, discussed opposition to the measure. The Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Council Member Willis, to approve Ordinance No. 23-2021, as presented subject to removing 143 Oak Lane from the Ordinance, at first reading. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. 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: A motion was made by Council Member Raymond, seconded by City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 4 of 7 Council Member Davis, to approve Ordinance No. 24-2021, as presented subject to removing 143 Oak Lane from the Ordinance, at first reading. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. 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 resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read both titles into the record. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to extend the Meeting until 10:30 p.m. The motion carried 5-0. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to approve Ordinance No. 13-2021, at first reading. The motion carried 5-0. 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: A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Ordinance No. 14-2021, at first reading. The motion carried 5-0. 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: City Attorney Garganese read both titles into the record. Mayor Morrison explained the Item. Discussion ensued regarding the commercial property at the end of Anchorage Avenue is not included yet but will be in a future ordinance. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Ordinance No. 15-2021, at first reading. The motion carried 5-0. 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: A motion was made by Council Member Davis, seconded by Council Member Raymond, to approve Ordinance No. 16-2021, first reading. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 5 of 7 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: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Ordinance No. 17-2021, first reading. The motion carried 5-0. 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 18-2021, first reading. The motion carried 5-0. 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 ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Raymond, to approve Ordinance No. 19-2021, first reading. The motion carried 5-0. 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: A motion was made by Council Member Raymond, seconded by Council Member Willis, to approve Ordinance No. 20-2021, first reading. The motion carried 5-0. 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: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 6 of 7 motion was made by Council Member Raymond, seconded by Council Member Davis, to approve Ordinance No. 21-2021, first reading. The motion carried 5-0. 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: A motion was made by Council Member Davis, seconded by Council Member Raymond, to approve Ordinance No. 22-2021, at first reading. The motion carried 5-0 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 for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Ordinance No. 42-2021, first reading. The motion carried 5-0. 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 41-2021, first reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 10. Compensation for the City's elected officials. (Postponed at the 12/21/21 Regular Mtg.): Discussed ensued and included postponing the Item to the February Meeting and placing the Item earlier on the Agenda. Council reached consensus to postpone the Item to the February City Council Regular Meeting. 11. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond): Council reached consensus to postpone the Item to the February City Council Regular Meeting. 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): Mayor Morrison explained the Item and discussed the results of a meeting between himself, City Manager Morley and Florida Department of Transportation (FDOT) District Five Secretary Jared Perdue. City Manager Morley discussed Secretary Perdue's desire to meet individually with each City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 18, 2022 Minutes • Page 7 of 7 Council Member and expressed interest in working with members of the community to create an ambassador program to promote the best plan for the City. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to extend the Meeting until 10:42 p.m. The motion carried 5-0. Discussion ensued regarding feedback to Florida Senator Debbie Mayfield regarding the proposed Roundabout, desire for Council to take an oppositional position to the proposed SR A1A Roundabout Plan until the Florida Department of Transportation provides an alternative plan or changes Council's mind, desire to update/draft a new resolution within the next sixty days, invest in a survey of the City, desire from other Council Members to meet with Secretary Perdue before reviewing a new resolution and desire for FDOT to make a presentation at the February Meeting to show another option. INFORMATIONAL: Items are presented for informational purposes only and no action will be taken. 13. ProChamps Update: Mayor Pro Tem Kellum discussed a meeting between herself, Community and Economic Development Director Dickey and Senior Code Enforcement Officer Palmer, suggested hiring a temporary agency or extra staff to assist processing data and documents received from ProChamps to expedite Special Magistrate action. City Manager Morley stated that Council could budget a new position if necessary. Discussion ensued regarding more time needed to assess ProChamps, Staff appreciation for the idea, and City Manager Morley will bring the Item back to Council if needed. Mayor Pro Tem Kellum inquired if a discussion Item is necessary regarding shortening the length of City Council Meetings. Mayor Morrison noted the lateness of the hour. 14. Monthly Financial Report — November 2021: No discussion. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:45 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2022-02; 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. (Betsy Ronk and Mary Mosquera) Department: City Clerk's Office Summary: At its January 27, 2022 Meeting, the Culture and Leisure Services Board (CLSB) interviewed Betsy Ronk and Mary Mosquera to fill vacancies and voted to recommend them for appointment. Ms. Ronk and Ms. Mosquera would be filling the remainder of two existing, unexpired terms that will end October 1, 2023. These two terms are vacant due to two former Board Members resigning from the Board, one in July 2021, the other in January 2022. Following the completion of their terms, Ms. Ronk and Ms. Mosquera shall be eligible for reappointment to the CLSB, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the CLSB. Submitting Department Director: Mia Goforth Date: 02/08/22 Attachment: Resolution No. 2022-02 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 02/03/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-02. Approved by City Manager: Todd Morley Date: 02/07/22 RESOLUTION NO. 2022-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; 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. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Culture and Leisure Services Board: Betsy Ronk and Mary Mosquera shall be appointed to serve until October 1, 2023. Following completion of this term, these appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of February, 2022. [Signature page follows] City of Cape Canaveral Resolution No. 2022-02 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-02 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. Department: Administrative/Financial Services Summary: Earlier at this Regular Meeting, Council will have been provided a Presentation by representatives from James Moore & Co. regarding their Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2021. Traditionally, Council has officially voted immediately after the Presentation item to accept an audit. Going forward, Staff will place this approval item in the Consent Agenda, recommending a formal vote take place to accept the annual audit as presented. Submitting Department Director: John DeLeo Date: 02/08/22 Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 02/08/22 The City Manager recommends the City Council take the following action: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. Approved by City Manager: Todd Morley Date: 02/08/22 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Compensation for the City's elected officials. (Postponed at the December 21, 2021 and January 18, 2022 Regular Meetings) 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. uicF esF Submitting Department Director: Mia Goforth Date: 12/14/21 City of Cape Canaveral City Council Meeting • February 15, 2022 Agenda Item # 4 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? Budgeted travel, per diem and registrations for conferences and, training; and memberships in the Florida League of Cities and Space Cape Canaveral $2,400.00 $3,200.00 Yes 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 Monthly expense for Mayor Indian Harbour $350.00, Dep. Mayor $300.00 and Beach N/A N/A Yes Council $250.00 Malabar N/A N/A N/A Monthly travel for Mayor $415.00 Melbourne $7,475.00 $10,350.00 Yes and Council $255.00 Melbourne Beach $3,100.00 $3,800.00 Yes Monthly incidental for Mayor $200.00, Dep. Mayor $150.00 and Palm Bay $11,641.99 $23,283.99 Yes Council $100.00 Palm Shores N/A N/A N/A Rockledge $500.00/month Yes Monthly travel stipend for Mayor Satellite Beach N/A N/A Yes $100.00 and Council $50.00 Titusville $391.40/month $538.13/month Yes Increases in salary are listed in the Charter and changed by W. Melbourne $9,600.00 $10,800.00 No 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Electric Vehicles on City Sidewalks (Postponed at the January 18, 2022 Regular Meeting) 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 6 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 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, second reading. and Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of Property located along the North and South Side 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, second 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 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 • February 15, 2022 Agenda Item # 6 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 • February 15, 2022 Agenda Item # 6_ 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). At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. However, a representative of the property owner (Don Haynes) of 143 Oak Lane appeared and successfully petitioned the Council to remove it from consideration. As a result, Ordinance Nos. 23-2021 and 24-2021 have been revised accordingly. On January 20, 2022, the owner of 126 Oak Lane submitted correspondence (Attachment 3) to City Staff requesting that his property also be removed from consideration under the Ordinances, understanding that his property would remain nonconforming as a residential use on commercially - zoned property. This request will be presented to the City Council at its February 15, 2022 Meeting for consideration and may also be removed from the Ordinances. On February 1, 2022, a mailed courtesy notice was sent to each resident adjacent to Oak Lane notifying them of the Council's action on January 18, 2022 of removing the 143 Oak Lane property from consideration of the ordinances. The notice also informed recipients of the request for removal by the owner of 126 Oak Lane and invited comment at second and final reading of the ordinances. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 Attachments: 1. Ordinance No. 23-2021 w/Exhibit "A" 2. Ordinance No. 24-2021 w/Exhibit "A" 3. Bernie Lennon email — January 20, 2022 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 23-2021 on second reading; and 2. Adopt Ordinance No. 24-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 Attachment 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 OF 9 OAK LANE, AND MORE PARTICULARLY DEPICTED AND 10 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, 11 FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;" 12 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 13 ORDINANCES AND RESOLUTIONS, SEVERABILITY, 14 INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN 15 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. 23-2021 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 aA@ from AC-1 Commercial" to AR-2 52 Residential." Exhibit AA@ 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. 23-2021 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: November 4, 2021 106 Second Reading: February 15, 2022 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. 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 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 24-37-14-28-*-A.05 UNKNOWN FL Exhibit "A" Ordinance 23-2021 ANCHORAGE AVE Southgate Mobile Homes Anchorage Ave ANCHORAGE AVE Oak Ln Ocean Garden Ln Legend ROADWAYS OAK LN (v02) Oak Manor Dr Harbor Dr Clara Elizabeth Ln Ocean Woods Blvd Brevard County, Esri HERE Garmin, INCREMENT P, USGS, EPA, USDA Attachment 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 OF OAK LANE FROM 8 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 AA@ 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: November 4, 2021 33 Second Reading: February 15, 2022 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 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 24-37-14-28-*-A.05 UNKNOWN FL Exhibit "A" Ordinance 24-2021 ANCHORAGE AVE Southgate Mobile Homes 9d P Mobile Anchorage Ave ANCHORAGE AVE Oak Ln Ocean Garden Ln Legend ROADWAYS OAK LN (v02) Oak Manor Dr Harbor Dr Clara Elizabeth Ln Ocean Woods Blvd Brevard County, Esri HERE Garmin, INCREMENT P, USGS, EPA, USDA Attachment 3 From: Bernie <bernierps@icloud.com> Sent: Thursday, January 20, 2022 3:28 PM To: Todd Morley <T.Morley@cityofcapecanaveral.org> Subject: Ordinance No. 23, 24 - 2021 Good afternoon Todd, I would like to have my property at 126 Oak Lane removed from Ordinance No. 23-2021 and 24-2021 for the same reason as was given for the removal of 143 Oak Lane. 126 and 143 Oak Lane share a property line. Depending on how 143 is developed will dictate the proper use for 126 Oak Lane. Hopefully this will be as simple of a change as it was for Don Haynes. If you feel otherwise, please give me plenty of notice. Please keep in mind that after years of workshops, advertising, P&Z that such a drastic change was made at the very last moment without any warning. Thanks Todd Bernie Lennon 126 Oak Lane (321) 543-4159 bernierps@me.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. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 7 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, second 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, second 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 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 • February 15, 2022 Agenda Item # 7 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 • February 15, 2022 Agenda Item # 7 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. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt ordinance No. 13-2021 on second reading; and 2. Adopt Ordinance No. 14-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 Attachment 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: November 4, 2021 106 Second Reading: February 15, 2022 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 Page 3 of 3 24-37-14-71-*-48 24-37-14-71-*-1 24-37-14-71-*-47 24-37-14-71-*-2 24-37-14-71-*-46 24-37-14-71-*-3 24-37-14-71-*-45 24-37-14-71-*-4 24-37-14-71-*-44 24-37-14-71-*-5 24-37-14-71-*-43 24-37-14-71-*-6 24-37-14-71-*-7 24-37-14-71-*-8 24-37-14-73-*-40 24-37-14-71-*-9 24-37-14-73-*-39 24-37-14-71-*-10 24-37-14-73-*-11 24-37-14-73-*-12 24-37-14-73-*-38 24-37-14-73-*-13 24-37-14-73-*-37 24-37-14-73-*-14 24-37-14-73-*-36 24-37-14-73-*-15 24-37-14-97-*-1 24-37-14-73-*-16 24-37-14-97-*-2 24-37-14-73-*-17 24-37-14-95-*-50 24-37-14-73-*-18 24-37-14-73-*-32 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 13-2021 Southgate Mobile Homes Anchorage Ave 0ak Ln Ocean Garden Ln Oak Manor Dr Legend ROADWAYS OCEAN GARDENS WAVE (OCEAN GARDEN LN) CITY OF CAPE CANAVERAL BOUNDARY N. Atlantic Ave Harbor Dr Ocean Woods Blvd E Central Blvd 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 Attachment 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: November 4, 2021 32 Second Reading: February 15, 2022 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 24-37-14-71-*-48 24-37-14-71-*-1 24-37-14-71-*-47 24-37-14-71-*-2 24-37-14-71-*-46 24-37-14-71-*-3 24-37-14-71-*-45 24-37-14-71-*-4 24-37-14-71-*-44 24-37-14-71-*-5 24-37-14-71-*-43 24-37-14-71-*-6 24-37-14-71-*-7 24-37-14-71-*-8 24-37-14-73-*-40 24-37-14-71-*-9 24-37-14-73-*-39 24-37-14-71-*-10 24-37-14-73-*-11 24-37-14-73-*-12 24-37-14-73-*-38 24-37-14-73-*-13 24-37-14-73-*-37 24-37-14-73-*-14 24-37-14-73-*-36 24-37-14-73-*-15 24-37-14-97-*-1 24-37-14-73-*-16 24-37-14-97-*-2 24-37-14-73-*-17 24-37-14-95-*-50 24-37-14-73-*-18 24-37-14-73-*-32 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 N Atlantic Ave Anchorage Ave 0ak Ln Ocean Garden Ln Oak Manor Dr CENTRAL BLVD W Legend ROADWAYS OCEAN GARDENS WAVE (OCEAN GARDEN LN) CITY OF CAPE CANAVERAL BOUNDARY Harbor Dr Ocean Woods Blvd E Central Blvd Oak Manor Dr 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 8 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, second 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, second 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 • February 15, 2022 Agenda Item # 8_ 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 • February 15, 2022 Agenda Item # 8_ 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. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 15-2021 on second reading; and 2. Adopt Ordinance No. 16-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 Attachment 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: November 4, 2021 106 Second Reading: February 15, 2022 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 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 15-2021 Portside Ave Southgate Mobile Homes Southgate Mobile Homes Anchorage Ave Oak Ln OAK LN Ocean Garden Ln Legend ROADWAYS SEA SPRAY TOWNHOMES CITY OF CAPE CANAVERAL BOUNDARY N Atlantic Ave Tin Roof Ave 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 Attachment 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: November 4, 2021 33 Second Reading: February 15, 2022 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 Southgate Mobile Homes Southgate Mobile Homes Anchorage Ave Oak Ln OAK LN Ocean 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 9 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, second 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, second 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 • February 15, 2022 Agenda Item # 9_ 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 • February 15, 2022 Agenda Item # 9_ 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 Ordinances. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 17-2021 on second reading; and 2. Adopt Ordinance No. 18-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 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: November 4, 2021 106 Second Reading: February 15, 2022 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 24-37-14-00-500.5 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 Elizabeth Ln OCEAN WOODS BLVD 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: November 4, 2021 32 Second Reading: February 15, 2022 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 24-37-14-00-500.5 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 N Atlantic Ave Legend ROADWAYS CANAVERAL WOODS CONDO CITY OF CAPE CANAVERAL BOUNDARY Harbor Dr Clara Elizabeth Ln Ocean Woods Blvd Seashell Ln 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 10 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, second 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, second 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 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 • February 15, 2022 Agenda Item # 10 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 • February 15, 2022 Agenda Item # 10 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. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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:02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt ordinance No. 19-2021 on second reading; and 2. Adopt Ordinance No. 20-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 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: November 4, 2021 106 Second Reading: February 15, 2022 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 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 19- 2021 Challenger Rd Portside Ave Southgate Mobile Homes Anchorage Ave Oak Ln Ocean Garden Ln Legend ROADWAYS PORTSIDE VILLAS CONDO CITY OF CAPE CANAVERAL BOUNDARY N Atlantic Ave Shorewood Dr Tin Roof Ave Ocean Park Ln Seaport Blvd Beach Park Ln Harbor Dr Seashell Ln Coral Dr Clara Elizabeth Ln Ocean Woods 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, Esri China (Hong Kong), (c) OpenStreet ap contributors, and the GIS User Community Attachment 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: November 4, 2021 33 Second Reading: February 15, 2022 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 Homes 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 Beach Park Ln Coral Dr Harbor Dr Seashell Ln Clara Elizabeth Ln Ocean Woods Ln Banyan Way Maple Ct 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 • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 11 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, second 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, second 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 • February 15, 2022 Agenda Item # 11 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 • February 15, 2022 Agenda Item # 11 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. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 21-2021 on second reading; and 2. Adopt Ordinance No. 22-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 Attachment 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: November 4, 2021 106 Second Reading: February 15, 2022 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 24-37-14-00-510.A.XA 24-37-14-00-510.M 24-37-14-00-510.N 24-37-14-00-510.O 24-37-14-00-510.P 24-37-14-00-510.Q 24-37-14-00-510.V 24- 3 7-14-00- 510.A.XA 24-37-14-00-510.W 24- 3 7-14-00- 510.A.XA 24-37-14-00-510.R 24-37-14-00-510.X 24-37-14-00-510.S 24-37-14-00-510.Y 24-37-14-00-510.T 24-37-14-00-510.Z 24-37-14-00-510.U 24-37-14-00-511.G 24- 3 7-14-00- 510.A.XA 24-37-14-00-511.H 24-37-14-00-511.A 24-37-14-00-510.A.XA 24-37-14-00-511.I 24-37-14-00-511.B 24-37-14-00-511.J 24-37-14-00-511.C 24-37-14-00-511.K 24-37-14-00-511.D 24-37-14-00-511.E 24-37-14-00-511.F 24-37-14-00-511.L 24- 3 7-14-00- 510.A.XA 24-37-14-00-511.M 24-37-14-00-511.N 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 21-2021 Mango Manor Dr MANGO MANOR DR Kings Ln KINGS LN N Atlantic Ave CENTRAL BLVD E Joe PI Maria Ct Manny LN CANAVERAL BLVD WASHINGTON AVE Legend ROADWAYS PERLAS DEL MAR CONDO CITY OF CAPE CANAVERAL BOUNDARY Canaveral Blvd Circle Dr Canaveral Beach Blvd Chandler St Caroline St Washington Ave Church Ln Poinsetta Ave Orange 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 1 Attachment 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: November 4, 2021 30 Second Reading: February 15, 2022 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 24-37-14-00-510.A.XA 24-37-14-00-510.M 24-37-14-00-510.N 24-37-14-00-510.O 24-37-14-00-510.P 24-37-14-00-510.Q 24-37-14-00-510.V 24- 3 7-14-00- 510.A.XA 24-37-14-00-510.W 24- 3 7-14-00- 510.A.XA 24-37-14-00-510.R 24-37-14-00-510.X 24-37-14-00-510.S 24-37-14-00-510.Y 24-37-14-00-510.T 24-37-14-00-510.Z 24-37-14-00-510.U 24-37-14-00-511.G 24- 3 7-14-00- 510.A.XA 24-37-14-00-511.H 24-37-14-00-511.A 24-37-14-00-510.A.XA 24-37-14-00-511.I 24-37-14-00-511.B 24-37-14-00-511.J 24-37-14-00-511.C 24-37-14-00-511.K 24-37-14-00-511.D 24-37-14-00-511.E 24-37-14-00-511.F 24-37-14-00-511.L 24- 3 7-14-00- 510.A.XA 24-37-14-00-511.M 24-37-14-00-511.N 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 CENTRAL BLVD E Joe PI Maria Ct Manny Ln CANAVERAL BLVD Canaveral Blvd Circle Dr Canaveral Beach Blvd Chandler St Caroline St Washington Ave Legend ROADWAYS PERLAS DEL MAR CONDO 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, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Church Ln Poinsetta Ave Orange Ave CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 12 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, second 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, second 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 • February 15, 2022 Agenda Item # 12 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 • February 15, 2022 Agenda Item # 12 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. At its January 18, 2022 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 4, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 02/08/22 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: 02/02/22 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 42-2021 on second reading; and 2. Adopt Ordinance No. 41-2021 on second reading. Approved by City Manager: Todd Morley Date: 02/07/22 Attachment 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, 105 2021 First Reading: January 18, 2022 106 Advertisement: November 4, 2021 107 Second Reading: February 15, 2022 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 N Atlantic Ave Beach Park Ln Seashell Ln Harbor Dr Legend ROADWAYS BINDER (8810 N ATLANTIC) Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA Attachment 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: January 18, 2022 26 Advertisement: November 4, 2021 27 Second Reading: February 15, 2022 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 ANCHORAGE AVE Legend ROADWAYS BINDER (8810 N ATLANTIC) Beach Park Ln Seashell Ln Harbor Dr Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 13 Subject: City of Cape Canaveral Community Center (MGF) Department: City Council Summary: Offset of fees that might be imposed in the future for membership or access to the facility. Explore the possibility of the Community Center being included in any health insurance gym membership plans. This could offset some of the cost and possibly be included in some health plans that our residents subscribe to. Gustavo Vergara has made contact with several providers, is searching for additional opportunities, and working on proposals to bring before the Council. Submitting Council Member: Council Member Willis Date: 02/02/22 Attachments: None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Electric Vehicle Charging Stations Department: City Council Summary: Removing the City of Cape Canaveral from responsibility of administering and maintaining the free Electric Vehicle charging stations within the City. The goal of this initiative would be to: Upgrade the existing City charging stations to "smart" (can relay data and information) networked versions and would require user payment, allow another entity to maintain City infrastructure, thereby decreasing staff time and ongoing maintenance costs, reduce and/or eliminate liability to the City, reduce and/or eliminate upfront costs of new networked charging station units, reimburse the City for kilowatt hours dispensed by each station. Zach Eichholz has spearheaded this effort, identifying a company to supply these requirements and is pursuing a formal proposal for the City. This effort allows Cape Canaveral to maintain our stance on environmental resiliency and remove maintenance and cost of electricity from the City. Submitting Council Member: Council Member Willis Date: 02/02/22 Attachments: None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 15 Subject: Sidewalk Needs and Assessment Plan and Evaluation Tool Department: City Council Summary: Working with City Manager Morley, Dave Dickey, Brenda Defoe-Surprenant and City Staff we have developed a draft map and plan for a tool for sidewalk completion. This would provide a holistic approach to understanding the complete scope of the City of Cape Canaveral's public sidewalk needs. The tool would be used for the following purposes: vetting potential projects by area, evaluating the effectiveness of constructing sidewalks in specific locations, creation of per - project -basis field data for current and/or future pricing purposes; all of which will assist and inform Council's budgetary recommendations in the March Strategic Planning Retreat. In essence it is a tool for Council to get our arms around the scope of the city's sidewalk needs and get done what we want to get done. We have identified the several areas of opportunity for sidewalk completion. Additionally, we have identified areas where the city has no control over the sidewalks such as private roadways. As the City develops the Presidential Streets Master Plan, I would like to in parallel gather as much information and input as we can in preparation for the Strategic Planning Retreat. This input would encompass the desires of the various residents that live on these streets, estimate cost of sidewalk and bicycle lane construction, and identify and coordinate development with any other projects in these opportunity areas. Submitting Council Member: Council Member Willis Date: 02/02/22 Attachment: City of Cape Canaveral Roadways (2019) Sidewalk Needs and Assessment Plan and Evaluation Tool City of Cape Canaveral Roadways (2019) Please note that areas of opportunity include City -owned, or City -maintained streets/row. All other areas are private roadways and/or areas where sidewalks have already been installed. 4 F .e *City Maintains Pori Canaveral ChallengerRd 0 0 Atlantis Rd L sclea"S i-r1 0 Bay r a. Ors'o: m ❑ Villanova•Dr Casa Bella Dr hurm-Blvd Manatee-BayDr Gf Columbia Dr/Long Point Rd Opportunity Area Po7 A George J King Blvd Ge•lse Kul) ,..c1 - "rrY Cars Canbe•Dr, Shorewood•Dr Tropic Beach•DrJ Sol`e ana ShShorewores Dr sro ooad 01--Dr Ocean Shorewood•Dr m Oak Ln/Harbor Heights .. a _ "' g Oc a Park Ln—m a a. Mystic'Dr Opportunity Area Southgate Southg te_M bile,H`o-mes Mobiile •Anchorage -Ave. e I1e,1 /• Oak•Ln - m N --LOceantGarden•Ln i4C Seaport Blvd N c 'a ` C) w Harbor Dr I la•6 a ` o 0 ..i an Gr CO' o r m x N oOv: l m c t , an{-°t U\^oOce= 0408 . WodsBtvd Os-- Oak -Manor Dr nrmy. "Co Lantana o ,., m ' Ct m Live Oak t 1 Canaveral Blvd Opportunity Area rr'ar.e C Man at\9°°O anor Sf .9 FKings•Ln fftti I I 9 9 Il • "City Maintains Columbia Drl—}C urchrL _. -___J - Long•Point Rd E Central B 0 0 m um+BPOa 0a '' 0 indsey'Ct—SailfishrAv Joe 368I ref PI U B > a U Iv 1 r< ^.t,b,.^W Y,a Chandler St N 2 tl. 14 .l CarolineSt. \, Surf Dr *City Maintains nl. Center St Opportunity Area Holman Rd Opportunity Area c P'— e tun ., Krng N P rn .—International Dr —Jackson•Ave —IMajesticiBayAvca,,,, _ ce, Carver Dr N "t !' -ee nS Carver•Dr, O usrrnera nu , -- eJustamere-Rd -Riverside-Dr A.. rHitching,Post'Rd: i - ARichie•Ave ,,• e Center,Stt Cocoa•Palms Ave Sag° Crr—Saba Ay Cape Shor - Cape shore•Dr= T Aquarius r 5 T Way — y T 4c O U ' LL 3 *City Maintains Holman-Rd-- Q. Praetu iusLn''--" • N BananaRiverBl Washiington•Ave— Adams -Ave Jeffers i riAve—er m Madison•Ave--c2 Monroe -Ave a. Ha risorrAve- Jackson•Ave Presidential Streets Master Plan (sidewalk improvements will be addressed in this plan). ITaylor Ave 'a I ° ipillmore•Ave----.8) Pierce -Ave. Buch Inan•AV , I. Lincoln•Av I Johnson -Ave Grant Ave I Hayes Ave_ Garfield Ave,. Arthur Ave Cleveland Ave,. McKinley Ave' Roosevelt Aver, -raITaftAAe q Legend Unnamed Avon -by -the -Sea City of Cape Canaveral FDOT Misc Private Port Canaveral Other City of Cape Canaveral Road Names Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Ko1g), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 16 Subject: Discussion regarding the City's off-street parking requirements as contained in Sec. 110-491 of the City Code. Department: City Council Summary: As the City addresses blight, redevelopment of properties will be a key tool. The provision of parking spaces, as required by City Code, can oftentimes be a barrier to the redevelopment of certain properties. Discuss current parking requirements and explore the possibility of reducing or eliminating these requirements in certain areas ripe for redevelopment. Submitting Council Member: Council Member Kellum Date: 02/02/22 Attachments: None ITEM # 17 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: January 18, 2022 RE: Monthly Financial Report — December 2021 Staff is pleased to present the Monthly Financial Report for the period ending December 31, 2021. At this point in the Fiscal Year, the Year to Date Actuals should be 25% of the total annual budget. Total General Fund Departmental costs are under target at 18.9%. Administrative Services is running under target at 24.4%. Fire Rescue and Protective Services combined costs are over target by 8.6%. Community/Economic Development and Building/Code Enforcement are under cost by 12.5%. Leisure Services is 12.6% below target. Non -Departmental expenditures are under budgetary projections at 11.8%. The Community Redevelopment Agency (CRA) has incurred $376,461 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target by 2%. The Stormwater Fund is under target cost at 15.7%. The City's General Fund investments total $9,125,299.02; Special Revenue investments total $396,103.80; and Enterprise Fund investments total $549,032.60. The Grand total of all investments is $10,070,435.32. 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 December 31, 2021 Revenue Ad Valorem Tax To date, the City has received 79.7% of Ad Valorem revenue. The City should see the highest income in December and less income as the fiscal year continues. Local Option Gas Tax This amount represents actuals for October and accruals for November and December. It is slightly below target at 23.2%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents actuals for October and accruals for November and December. These are right on target at 25.1%. Permits and Licenses Permits and Licenses are below target at 16.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues This amount represents actuals for October and accruals for November and December. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. These are slightly above target at 25.6%. Garbage and Recycling Revenues This amount represents actual collections for October and November and an accrual for December. These are close to target at 24.5%. Recreation Fees (Leisure Services) Recreation Fees are slightly below target at 23.0%. This revenue source continues to have unknown ramifications of COVID-19. Investment Income Investment Income is below target at 14.3%. This is 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 November and an accrual for December. It is right on target at 25.2%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October and November and an accrual for December. It is slightly below target at 24.0%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2021 GENERAL FUND FY 2021-2022 DEC 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 4,095,231 79.7% 856,411 Local Option Gas Tax 320,000 74,287 23.2% 53,333 Franchise Fees 844,168 222,185 26.3% 140,695 Utility Taxes 1,237,596 295,256 23.9% 206,266 Communications Service Tax 392,450 98,698 25.1% 65,408 Permits & Licenses 666,800 108,581 16.3% 111,133 Impact Fees 701,250 920 0.1% 116,875 State Grants 253,600 0.0% 42,267 State Shared Revenue 946,795 242,554 25.6% 157,799 Local Shared Revenue 138,918 0.0% 23,153 Charges for Services 24,250 1,642 6.8% 4,042 Garbage & Recycling Revenue 1,216,484 298,599 24.5% 202,747 Recreation Fees 75,375 17,313 23.0% 12,563 Fine & Forfeitures 14,325 1,788 12.5% 2,388 Interest Income 57,270 8,174 14.3% 9,545 Fire Hydrant Rental Fee 81,800 13,701 16.7% 13,633 Miscellaneous Revenue 95,300 4,438 4.7% 15,883 PAL Program Revenue 41,000 35,161 85.8% 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 707,506 176,876 25.0% 117,918 Contribution from Stormwater Fund 19,566 4,892 25.0% 3,261 Loan Proceeds 3,950,000 500,000 12.7% 658,333 TOTAL REVENUES $ 19,607,763 $ 6,200,294 31.6% $3,267,961 EXPENDITURE Legislative 74,948 6,811 9.1% 12,491 Administrative Services 575,650 140,173 24.4% 95,942 Comm Dev/Code Enf/Econ Development 791,259 155,584 19.7% 131,877 Protective Services 3,309,761 1,055,318 31.9% 551,627 Fire/Rescue Services 2,647,475 706,141 26.7% 441,246 Building 330,190 58,678 17.8% 55,032 Infrastructure Maintenance 1,405,460 450,328 32.0% 234,243 Community and Cultural Affairs 295,128 48,644 16.5% 49,188 Leisure Services 1,348,753 167,094 12.4% 224,792 Legal Services 297,432 23,738 8.0% 49,572 Solid Waste 1,211,916 199,886 16.5% 201,986 Debt Service 1,292,475 0.0% 215,413 Non-Departmental 5,792,823 684,796 11.8% 965,471 Contingency 234,493 0.0% 39,082 TOTAL EXPENDITURES $ 19,607,763 $ 3,697,191 18.9% $3,267,961 Excess of Revenues Over/(Under) Expenditures $ 2,503,102 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2021 POLICE EDUCATION FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,380 113 8.2% 230 Interest Income 230 30 13.2% 38 TOTAL REVENUES $ 1,610 $ 144 8.9% $ 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 $ 144 FIRE PROTECTION FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R & R - 0.0% - Interest Income 504 78 15.5% 84 Impact Fees 9,500 0.0% 1,583 TOTAL REVENUES $ 10,004 $ 78 0.8% $ 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 $ 78 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31, 2021 SCHOOL CROSSING GUARD FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 200 Parking Fine Surcharge 850 60 7.1% 142 Interest Income - 0.0% - TOTAL REVENUES $ 2,050 $ 60 2.9% $ 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 $ 60 LIBRARY FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% - Ad Valorem Taxes 67,481 53,840 79.8% 11,247 Ad Valorem Tax Delinquent 50 0.0% 8 Tax Penalty Income 60 4 7.4% 10 Interest Income 6,180 854 13.8% 1,030 Interest- Library Impact Fees - 0.0% - Interest-Tax Collections 42 2 4.2% 7 Impact Fees-Library 12,100 160 1.3% 2,017 Miscellaneous Revenue - 0.0% - TOTAL REVENUES $ 85,913 $ 54,860 63.9% $ 14,319 EXPENDITURE Operating Expenses 40,100 8,924 22.3% 6,683 Capital Purchases 30,000 4,516 15.1% 5,000 Contingency 15,813 0.0% 2,636 TOTAL EXPENDITURES $ 85,913 $ 13,441 15.6% $ 14,319 Excess of Revenues Over/(Under) Expenditures $ 41,420 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2021 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021-2022 DEC 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 943,062 943,062 100.0% 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 $ 1,443,062 25.1% $ 957,434 EXPENDITURE Operating Expenses 11,559 565 4.9% 1,927 Capital Purchases 4,783,693 850,961 17.8% 797,282 Debt Service 938,417 0.0% 156,403 Contingency 10,936 0.0% 1,823 TOTAL EXPENDITURES $ 5,744,605 $ 851,526 14.8% $ 957,434 Excess of Revenues Over / (Under) Expenditures $ 591,536 LAW ENFORCEMENT TRUST FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 7,526 0.0% 1,254 Contraband Income 1,000 363 36.3% 167 Interest-State 45 4 9.7% 8 TOTAL REVENUES $ 8,571 $ 367 4.3% $ 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 $ 367 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2021 WASTEWATER ENTERPRISE FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 434,000 0.0% 72,333 Utility Operating Income 4,056,805 1,021,788 25.2% 676,134 Utility Penalty Income 62,015 11,217 18.1% 10,336 Sewer Assessment Fees 84,000 2,698 3.2% 14,000 Reuse Hook-Up Fees 2,925 0.0% 488 Reclaimed Water Revenue 91,650 15,074 16.4% 15,275 Investment Income 6,240 754 12.1% 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 2,096,500 581,330 27.7% 349,417 State Grants - 128,400 0.0% - Miscellaneous Income 2,000 76,691 3834.6% 333 TOTAL REVENUES $ 6,890,459 $ 1,837,951 26.7% $ 1,148,410 EXPENDITURE Personal Services 1,683,277 420,840 25.0% 280,546 Operating Expenses 1,338,021 238,907 17.9% 223,004 Debt Service 551,629 182,496 33.1% 91,938 Capital Purchases 2,530,500 563,375 22.3% 421,750 Contribution to General Fund 707,506 176,876 25.0% 117,918 Contingency 79,526 0.0% 13,254 TOTAL EXPENSES $ 6,890,459 $ 1,582,494 23.0 % $ 1,148,410 Excess of Revenues Over / (Under) Expenses $ 255,458 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2021 STORMWATER ENTERPRISE FUND FY 2021-2022 DEC YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 205,100 0.0% 34,183 Stormwater Utility Fees 1,159,200 278,295 24.0% 193,200 Investment Income 2,376 546 23.0% 396 Grant - FIND 131,400 0.0% 21,900 TOTAL REVENUES $ 1,498,076 $ 278,840 18.6% $ 249,679 EXPENDITURE Personal Services 323,291 84,717 26.2% 53,882 Operating Expenses 295,590 31,245 10.6% 49,265 Capital Purchases 336,500 114,764 34.1% 56,083 Contribution to General Fund 19,566 4,892 25.0% 3,261 Transfer to CRA 65,000 0.0% 10,833 Contingency 458,129 0.0% 76,355 TOTAL EXPENSES $ 1,498,076 $ 235,617 15.7% $ 249,679 Excess of Revenues Over / (Under) Expenses $ 43,223 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of December 31,2021 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.80% Interest earned for the month: $ 5,992.71 General Fund Restricted(by outside party) - Total Restricted - Committed (Constrained by Council) $ Expansion Recreation 44,141.09 Expansion Police 33,419.26 Capital Equipment Renewal&Replacement 620,205.33 Total Committed $ 697,765.68 Assigned-General Fund Emergency Reserve $1,495,349.01 Unassigned $ 706,963.11 Total General Fund SPIA Investments: $ 2,900,077.79 Florida Safe General Fund Emergency Reserve-0.06%(average monthly)1,252,941.09 Florida Safe Combined-Note 2017-0.06%(average monthly) 1,149,697.17 Florida Safe Note 2021 -0.06%(average monthly) 1,200,139.87 Florida Safe ARPA Reserve-0.06%(average monthly) 2,622,443.10 $ 6,225,221.23 Total General Fund Florida Safe Investments: $ 6,225,221.23 Total General Fund Investments: $ 9,125,299.02 Special Revenue Funds Restricted(by outside party) Police Education Fund 12,475.31 Aerial Fund 32,045.25 School Crossing Guard Fund - Library Fund 164,548.64 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,785.25 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 396,103.81 Total Special Revenue Fund SPIA Investments: $ 396,103.80 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal & Replacement 314,467.42 $ 314,467.42 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 234,565.18 $ 234,565.18 Total Enterprise Fund SPIA Investments: $ 49,032.60 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,070,435.42 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 15, 2022 AGENDA ITEM SUMMARY • ITEM # 18 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 additional updates on the implementation of the ProChamps vacation rental platform. The following is provided : Latest available monthly metrics (12/1/2021 thru on 12/31/2021): • Remittance to City - $4,700 • Number of properties sent a compliance letter for operating without a City BTR — 9 • Number of BTRs issued — 7 • Code Enforcement Actions — 1. Code Enforcement will be issuing one Notice of Violation for enforcement of a violation to the City's seven-day minimum rental requirement. The necessary actionable data/documentation was received from ProChamps. Cumulative implementation metrics (10/1/2021 thru on 2/4/2022): • Number of vacation rental properties identified - 304 • Number of registered properties - 167 • Number of complaints — 3 Submitting Department Director: David Dickey : + Date: 02/08/22 Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 02/08/22 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: 02/08/22