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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20220622CAPE CANAVERAL PLANNING & ZONING BOARD/LAND PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA June 22, 2022 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Land Planning Agency (PZB) regarding matters not on the agenda provided that the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB meeting. Public comments related to public hearing Agenda Items will occur during the public hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g. approval of agenda, minutes, informational items). Members of the public will limit their comments to three (3) minutes. The PZB will not take any action under the "Public Participation" section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule matters commented upon during public participation at a future PZB meeting. OLD BUSINESS NEW BUSINESS A. Board Matters: 1. Approval of Meeting Minutes — January 26, 2022 B. Comprehensive Plan Amendments Le islative — Public Hearin 1. Anchorage Avenue — Rezoning and Future Land Use Map ORDINANCE NO. _-2022 - An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 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. AND PZB Agenda —June 22, 2022 Page 2 of 2 ORDINANCE NO. ®-2022 - An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue 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. 2. Bakersfield Subdivision - Rezoning and Future Land Use Map ORDINANCE NO. _-2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as Bakersfield Subdivision (fka a portion of Ocean Gardens) located on 146 and 148 Ocean Garden Lane, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. AND ORDINANCE NO. -2022 - - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as Bakersfield Subdivision (fka as a part of Ocean Gardens) located at 146 and 148 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. 3. Gizella Townhomes - Rezoning and Future Land Use Map ORDINANCE NO. _-2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic 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. PZB Agenda —June 22, 2022 Page 2 of 2 AND ORDINANCE NO. _-2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date. 4. Harbor Heights Townhouses — Rezoning and Future Land Use Map ORDINANCE NO. _-2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. AND ORDINANCE NO. -2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date. 5. 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue - Rezoning and Future Land Use Map ORDINANCE NO. _-2022 - An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map Designation of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic 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 PZB Agenda — June 22, 2022 Page 2 of 2 ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date. AND ORDINANCE NO. _-2022 - An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue 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. REPORTS AND OPEN DISCUSSION — Discussion item regarding the need for a mixed -use land use category in the Comprehensive Plan. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 26, 2022 A meeting of the Planning & Zoning Board took place on January 26, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:00 pm. The Board Secretary called the roll. ROLL CALL MEMBERS PRESENT Lamar Russell John Price Nancy Gentilquore Susan Denny Steven Stroud Eugene Thorpe Kathy Stokes OTHERS PRESENT David Dickey Anthony Garganese Patti Roth PUBLIC PARTICIPATION None OLD BUSINESS NEW BUSINESS A. Board Matters: Chairman Vice Chairman Board Member Board Member Board Member Board Member Ex-officio Board Member Director, Community & Economic Development City Attorney Board Secretary 1. Approval of Meeting Minutes: December 8, 2021 — Motion to accept the minutes as written, made by Vice Chairman Price and seconded by Board Member Stroud. Vote on the motion carried unanimously. B. Comprehensive Plan Amendments Le islative — Public Hearings): 2. Ordinance No. XX-2022; an Ordinance of the City Council of the City of Cape Canaveral, Florida, amending of the City's Sign Code related to feather signs; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability and an effective date. Planning & Zoning Meeting Minutes Page 2 Dave Dickey explained to the board that tonight's meeting is regarding a request by City Council pertaining to feather flags. Back in mid-2021 as part of the city's response to the COVID emergency and its impact on the City's businesses, the city relaxed requirements and standards. One of them was that the city temporarily discontinued the prohibition of feather flags. Several businesses took advantage of this relaxation of City Code. At its July 20th meeting the Council discussed the permanent allowance of feather flags. Mr. Dickey phrased it as "does the city want to allow the use of feather flags on a permanent basis?" The City Attorney prepared a draft ordinance describing it as an outline for a conversation for the board. There is no staff recommendation. It's up to the board if they want to make a recommendation for or against the permanent use of feather flags. Currently feather flags are described as banners in our code. Banners are allowed for 30 consecutive days in a 12 month calendar year. Mr. Dickey referred to page 2 of the staff report to discuss the proposed guidelines. Hopefully it will provide the board with some thoughts and some considerations in making a recommendation for the use of these feather flags on a permanent basis and move forward to the City Council. Mr. Dickey read the following paragraph from the draft ordinance to the board ... Section 3. Planning & Zoning Board Evaluation and Recommendation. Within one hundred twenty (120) days from the effective date, the Planning & Zoning Board shall evaluate and recommend to the City Council whether to amend the City's sign code to allow feather flags on a regular basis. If the recommendation is to allow businesses to use feather flags, the Planning & Zoning Board shall recommend the terms and conditions by which such flags will be allowed. Mr. Dickey reiterated that staff would not make a recommendation and this is a decision for the Planning & Zoning Board on what its recommendation will be to the Council. Mr. Russell asked Mr. Dickey if he had received any recommendations or input from the public about the feather flags. Mr. Dickey replied "not recently". Mr. Russell asked the board if they wished to consider passing an ordinance to permit feather flags or not. He asked for their input ... there were positive and negative feelings. Mr. Garganese discussed the draft ordinance with the board as well as banners vs feather flags. Discussion ensued and it was decided that a decision would not be made this evening. Mr. Dickey and Mr. Garganese will revise the draft ordinance and meet with the board again. Mr. Russell was very adamant that he didn't want anyone leaving confused and the board would eventually make a recommendation. Mr. Dickey shared with the board about the community workshops coming up ... Re -Visioning Workshop #2 and the Presidential Street Project. He suggested that they all get involved. REPORTS AND OPEN DISCUSSION ADJOURNMENT A motion was made by Board Member Denny and seconded by Board Member Gentilquore to adjourn. The meeting adjourned at 7:27 PM. Planning & Zoning Meeting Minutes Page 3 Approved on this Lamar Russell, Chairperson day of, 2022 Patti Roth, Board Secretary CITY OF w Gan cwuvnua CITY OF PE C L PLANNING AND ZONING (P&Z) BOARD JUNE 22, 2022 REGULAR MEETING • ITEM # 1 Subject: ORDINANCE NO. _-2022 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 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. and ORDINANCE NO. _-2022 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Subsequent phases will continue to include residentially developed properties that are zoned commercial. Specifically, property located on west end of Anchorage Avenue. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map. 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 City of Cape Canaveral P&Z Board Regular Meeting June 22, 2022 Agenda Item # Page 2of2 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 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". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attach ment(s): 1. Ordinance No. _-2022 2. Ordinance No. _-2022 Community and Economic Development Staff recommend the Board take the following actions: Recommend approval of Ordinance No. _-2022 and Ordinance No. _-2022 to the City Council. A ;roved by Director: David Dickey Date: 1 2 ORDINANCE NO. -2022 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 AT 146, 147, 156, 157, 166, 167, 176 AND 9 177 ANCHORAGE AVENUE, AND MORE PARTICULARLY 10 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" 11 ATTACHED HERETO. FROM "C-1 COMMERCIAL" TO "R-2 12 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 Sectionmml. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. -2022 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 Section5. 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. -2022 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 83 2022. 84 85 86 87 _.. ._. _ ..., 88 Wes Morrison, Mayor 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 LPA/Planning & Zoning Board: 105 First Reading: 106 Advertisement: 107 Second Reading:.. _...___.. 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. _-2022 Legend ROADWAYS .................... ANCHORAGE AVE (RAO) 9df P N''=OJT MC'rb14 E hiuMLS P Oak Ln W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA 1 2 ORDINANCE NO. -2022 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 LOCATED AT 146, 147, 156, 157, 166, 167, 176 AND 177 8 ANCHORAGE AVENUE 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. -2022 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. -2022 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 = 2022 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance _-2022 does not become effective, then this 10 Ordinance shall become null and void. 11 12 13 14 15 16 Wes Morrison, Mayor 17 ATTEST: For Against 18 19 20 21 Mia Goforth, CMC 22 City Clerk 23 24 25 26 27 28 Planning & Zoning Board: ��- 29 First Reading: 30 Advertisement: 31 Second Reading: 32 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 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of ....__„ 2022. Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. -2022 Legend ROADWAYS ANCHORAGE AVE (RAO) O_1Tt-iGAT I P°GBILE HuME:r e ° Oak Ln...._.�..... W E Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA cl,'r 6 OF V E 67, PLANNING AND ZONING (P&Z) BOARD JUNE 22, 2022 REGULAR MEETING • ITEM # 2 Subject: ORDINANCE NO. _-2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as Bakersfield Subdivision (fka a portion of Ocean Gardens) located on 146 and 148 Ocean Garden Lane, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the comprehensive plan and an effective date. and ORDINANCE NO. -2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as Bakersfield Subdivision (fka as a part of Ocean Gardens) located at 146 and 148 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. De'artment: Communitand Economic Develosment Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Subsequent phases will continue to include residentially developed properties that are zoned commercial. Specifically, property known as the Bakersfield Subdivision. Please note that the two properties were to be included in the Ocean Gardens rezoning, but upon further review, the BCPAO notified staff that these particular parcels were platted under a different subdivision name (Bakersfield Subdivision). Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map. 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 Al A (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 alonit became obsolete/unnecessary as the expansion of City of Cape Canaveral P&Z Board Regular Meeting • June 22, 2022 Agenda Item # 2 Page 2 of 2 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 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". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attachments: 1. Ordinance No. _-2022 2. Ordinance No. -2022 Community and Economic Development Staff recommend the Board take the following actions: Recommend approval of Ordinance No. _-2022 and Ordinance No. _-2022 to the City Council. Approved b Director: David Dicker Date: 1 2 ORDINANCE NO. -2022 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 BAKERSFIELD 9 SUBDIVISION (FKA A PORTION OF OCEAN GARDENS) LOCATED 10 ON 146 AND 148 OCEAN GARDEN LANE, AND MORE 11 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 12 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO 13 "R-2 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 City of Cape Canaveral Ordinance No. -2022 Page 1 of 3 40 Section 1. Recitals. The foregoing recitals are true and correct and are fully 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 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference. 54 55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 56 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 57 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 58 59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 60 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 61 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 62 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 63 the validity of the remaining portions of this Ordinance. 64 65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 66 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 67 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 68 number or letter and any heading may be changed or modified as necessary to effectuate the 69 foregoing. 70 71 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 72 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 73 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 74 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 75 Agency or the Administration Commission issues a final order determining the adopted small 76 scale Comprehensive Plan Amendment is in compliance. No development orders, development 77 permits, or land use dependent on this Amendment may be issued or commenced before it has 78 become effective. After and from the effective date of this Amendment, the Comprehensive Plan City of Cape Canaveral Ordinance No. -2022 Page 2 of 3 79 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 80 become a part of that plan and the Amendments shall have the legal status of the City of Cape 81 Canaveral Comprehensive Plan, as amended. 82 83 84 2022. 85 86 87 88 89 90 91 ATTEST: For Against 92 93 94 95 Mia Goforth, CMC 96 City Clerk 97 98 99 100 101 102 103 104 105 LPA/Planning & Zoning Board: 106 First Reading: 107 Advertisement: 108 Second Reading:.,.,.,.,.._... 109 110 111 Approved as to legal form and sufficiency 112 for the City of Cape Canaveral only by: 113 114 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 115 Anthony A. Garganese, City Attorney 116 117 Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Ordinance No. _-2022 Page 3 of 3 Anchorage Ave ANCHORAGE AVE EXHIBIT "A'"' ORDINANCE NO. -2022 Legend ROADWAYS 1-1 BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) Ocean Garden Ln Ot ¢ AN GARL r , LBe W Oak Ln N s Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA 1 2 ORDINANCE NO. -2022 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 BAKERSFIELD SUBDIVISION (FKA AS A 8 PART OF OCEAN GARDENS) LOCATED AT 146 AND 148 OCEAN 9 GARDEN LANE 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 City of Cape Canaveral Ordinance No. -2022 Page 1 of 3 1 2 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 3 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 4 and 5 6 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 7 have recommended approval of this Ordinance; and 8 9 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 10 hearing on the proposed zoning change set forth hereunder and considered findings and advice 11 of staff, citizens, and all interested parties submitting written and oral comments and supporting 12 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 13 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 14 and substantial evidence supports the zoning change set forth hereunder; and 15 16 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 17 government purpose and is in the best interests of the public health, safety, and welfare of the 18 citizens of Cape Canaveral, Florida. 19 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 21 ORDAINS, AS FOLLOWS: 22 23 24 incorporated herein by this reference. 25 26 27 28 29 30 31 32 33 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 34 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 35 the Official Records of Brevard County, Florida. 36 37 Section 4, Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 38 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 39 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 1 Recitals. The foregoing recitals are true and correct and are fully Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of the real properties depicted and legally described on Exhibit "A" which is attached and incorporated herein by this reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. City of Cape Canaveral Ordinance No. -2022 Page 2 of 3 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 6 the validity of the remaining portions of this Ordinance. 7 8 Section 6. Conditional Effective Date. This Ordinance shall become effective 9 immediately upon the effective date of Ordinance = 2022 as adopted by the City Council of the 10 City of Cape Canaveral, Florida. If Ordinance _-2022 does not become effective, then this 11 Ordinance shall become null and void. 12 13 14 ., 2022. 15 16 17 Wes Morrison, Mayor 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 Planning & Zoning Board: 30 First Reading:,. 31 Advertisement: 32 Second Reading: 33 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 39 Anthony A. Garganese, City Attorney ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 Anchorage Ave AVE EXHIBIT "A"' ORDINANCE ORDINANCE NO. -2022 Legend ROADWAYS BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) Ocean Garden Ln CA-0 AN GAFtE.' , L W Oak Ln N S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA too 14, an Of :... CMS Cruvwu crry Cl,ll IIY E III 1 PLANNING AND ZONING (P&Z) BOARD JUNE 22, 2022 REGULAR MEETING • ITEM # 3 Subject: ORDINANCE NO. _-2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic 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. and ORDINANCE NO. _-2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue 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. De,sartment: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Subsequent phases will continue to include residentially developed properties that are currently zoned commercial. Specifically, property known as Gizella Townhomes. Generally, two ordinances are proposed for each property, one to rezone and one to amend the Future Land map. 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 Op .aortunity Overlay District (EOOD). Furthermore, there has been a concerted effort City of Cape Canaveral P&Z Board Regular Meeting • June 22, 2022 Agenda Item # Page 2 of 2 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 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". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attachments: 1. Ordinance No. _-2022 2. Ordinance No. _-2022 Community and Economic Development Staff recommend the Board take the following actions: Recommend approval of Ordinance No. _-2022 and Ordinance No. _-2022 to the City Council. A roved b Director David Dickey Date: 1 2 ORDINANCE NO. -2022 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 THE GIZELLA 9 TOWN HOMES LOCATED ON N. ATLANTIC 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. -2022 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 Sep ion 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. -2022 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 89 90 ATTEST: For Against 91 92 93 _ 94 Mia Goforth, CMC 95 City Clerk 96 97 98 99 100 101 102 103 104 LPA/Planning & Zoning Board: 105 First Reading: 106 Advertisement: 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT"A" ORDINANCE NO. -2022 Oak Manor Dr R DR Legend ROADWAYS GIZELLA TOWN HOMES Noll E Central Blvd cP 00 '"a W N S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA 1 1 2 ORDINANCE NO. -2022 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 THE GIZELLA TOWNHOMES LOCATED 8 ON N. ATLANTIC AVENUE 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. -2022 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 Se0114., 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. -2022 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 = 2022 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance _-2022 does not become effective, then this 10 Ordinance shall become null and void. 11 12 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 Planning & Zoning Board: 29 First Reading: 30 Advertisement: 31 Second Reading: nnw 32 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 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT A" ORDI;NCE NO. _-2022 OAK of Oak Manor Dr Ei DR Legend ROADWAYS GIZELLA TOWNHOMES 5 4.0 .a ftl Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA USDA 'C i ,Iu ,i� • F E AV PLANNING AND ZONING (P&Z) BOARD JUNE 22, 2022 REGULAR MEETING • ITEM # 4 Subject: ORDINANCE NO. _-2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the comprehensive plan and an effective date. and ORDINANCE NO. -2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive 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. Desartment: Communit, and Economic Develo+ ment Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included residentially developed properties zoned commercial. Subsequent phases will continue to include residentially developed properties that are currently zoned commercial. Specifically, property known as Harbor Heights Townhouses. 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 City of Cape Canaveral P&Z Board Regular Meeting • June 22, 2022 Agenda Item # 4 Page 2 of 2 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 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". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, Tong -term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attachments: 1. Ordinance No. _-2022 2. Ordinance No. _-2022 Community and Economic Development Staff recommend the Board take the following actions: Recommend approval of Ordinance No. _-2022 and Ordinance No. _-2022 to the City Council. Approved by Director: David Dicke Date: 1 2 ORDINANCE NO. -2022 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 THE HARBOR HEIGHTS 9 TOWNHOUSES AND LOCATED AT 111, 113, 115, 117 AND 119 10 HARBOR DRIVE, 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. -2022 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 51,c ion 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. -2022 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 83 2022. 84 85 86 87 88 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC 95 City Clerk 96 97 98 99 100 101 102 103 104 LPA/Planning & Zoning Board: 105 First Reading: 106 Advertisement: 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. Oak Ln u to 22 Legend ROADWAYS HARBOR HEIGHTS TOWNHOUSES Harbor Dr Vlf W E Ocean Woods Blvd Brevkd County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA 1 2 ORDINANCE NO. -2022 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 THE HARBOR HEIGHTS TOWNHOUSES 8 AND LOCATED AT 111, 113, 115, 117 AND 119 HARBOR DRIVE 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 City of Cape Canaveral Ordinance No. -2022 Page 1 of 3 1 2 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 3 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 4 and 5 6 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 7 have recommended approval of this Ordinance; and 8 9 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 10 hearing on the proposed zoning change set forth hereunder and considered findings and advice 11 of staff, citizens, and all interested parties submitting written and oral comments and supporting 12 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 13 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 14 and substantial evidence supports the zoning change set forth hereunder; and 15 16 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 17 government purpose and is in the best interests of the public health, safety, and welfare of the 18 citizens of Cape Canaveral, Florida. 19 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 21 ORDAINS, AS FOLLOWS: 22 23 Section 1. Recitals. The foregoing recitals are true and correct and are fully 24 incorporated herein by this reference. 25 26 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 27 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 28 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 29 the real properties depicted and legally described on Exhibit "A" which is attached and 30 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's 31 Official Zoning Map upon the effective date of this Ordinance. 32 33 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 34 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 35 the Official Records of Brevard County, Florida. 36 37 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 38 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 39 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. -2022 Page 2 of 3 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 6 the validity of the remaining portions of this Ordinance. 7 8 Section 6. Conditional Effective Date. This Ordinance shall become effective 9 immediately upon the effective date of Ordinance _-2022 as adopted by the City Council of the 10 City of Cape Canaveral, Florida. If Ordinance = 2022 does not become effective, then this 11 Ordinance shall become null and void. 12 13 14 2022. 15 16 17 Wes Morrison, Mayor 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 Planning & Zoning Board: 30 First Reading: 31 Advertisement: 32 Second Reading: 33 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 Oak Ln Legend ROADWAYS = HARBOR HEIGHTS TOWNHOUSES Ocean Woods Blvd S Brew d County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CmCP can CANAVEAL. corn/ F IPf: 1 PLANNING AND ZONING (P&Z) BOARD JUNE 22, 2022 REGULAR MEETING • ITEM # 5 Subject: ORDINANCE NO. _-2022 An Ordinance of the City Council Of The City of Cape Canaveral, Florida; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map Designation of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic 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. and ORDINANCE NO. -2022 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning district designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date. Department: Commuly and Economic Develo+r>ment Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included residentially developed properties zoned commercial. Subsequent phases will continue to include residentially developed properties that are zoned commercial. Specifically, property located on N. Atlantic Avenue and Sea Shell 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 City of Cape Canaveral P&Z Board Regular Meeting • June 22, 2022 Agenda Item # 5 Page 2 of 2 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 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". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, Tong -term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attachments: 1. Ordinance No. _-2022 2. Ordinance No. _-2022 Community and Economic Development Staff recommend the Board take the following actions: Recommend approval of Ordinance No. = 2022 and Ordinance No. _-2022 to the City Council. Approved b Director: David Dickey Date: 1 2 ORDINANCE NO. -2022 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 8801, 8803, AND 8805 SEA SHELL 9 LANE AND 8802 AND 8804 N. ATLANTIC 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 37 ORDAINS, AS FOLLOWS: 38 39 Section 1 Recitals. The foregoing recitals are true and correct and are fully NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY City of Cape Canaveral Ordinance No. _-2022 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 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 to, the Local Government Comprehensive Planning and Land Development Regulations Act. City of Cape Canaveral Ordinance No. _-2022 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 89 90 ATTEST: For Against 91 92 93 ,___.... 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 LPA/Planning & Zoning Board: 105 First Reading: 106 Advertisement: 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 Wes Morrison, Mayor City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 EXHIBIT II A 0 ' DINANCE NO. Anchorage Ave to Oak Ln ROADWAYS 2 N ATLANTIC AVE & SEA SHELL LN zabeth Ln Beach Park Ln Harbor Dr Brevar County, Esri, HERE, Garmin, GeoTechnologies, S Inc., USGS, EPA, USDA 1 2 ORDINANCE NO. -2022 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 LOCATED ON 8801, 8803, AND 8805 SEA SHELL LANE AND 8 8802 AND 8804 N. ATLANTIC AVENUE 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. -2022 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 23 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 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Cape Canaveral Ordinance No. -2022 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 = 2022 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance = 2022 does not become effective, then this 10 Ordinance shall become null and void. 11 12 13 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 Planning & Zoning Board: 29 First Reading: 30 Advertisement: 31 Second Reading:. 32 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 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of ITIT, 2022. City of Cape Canaveral Ordinance No. -2022 Page 3 of 3 Anchorage Ave Oak Ln Legend ROADWAYS N ATLANTIC AVE & SEA SHELL LN Beach Park Ln Harbor Dr i¢abeth Ln Brevair„County, Esri, HERE, Garmin, GeoTechnologies,/Inc., USGS, EPA, USDA