HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20230712
CAPE CANAVERAL PLANNING & ZONINGBOARD/LOCALPLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
July 12, 2023
6:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the “Public Participation”
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
A.Board Matters:
1.Approval of Meeting Minutes – May 10, 2023
B.Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
2.Consideration of Ordinance No. XX-2023 to amend the Comprehensive Plan Future
Land Use Element to establish a Mixed-Use Land Use (MXU) category.
3.Discuss potential alternatives to the current parking requirements for
restaurants/bars specified in Sec. 110-491 of the Cape Canaveral’s Land
Development Regulations.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the PZB 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.
PZB Agenda – Jul 12, 2023
Page 2 of 2
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
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Wednesday
May 10, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board (Board) was held on May 10, 2023,
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 Chairman
Nancy Gentilquore Board Member
Susan Denny Board Member
Steven Stroud Board Member
Michael Miller Board Member
Not Present:
John Price Vice Chairman
Eugene Thorpe Board Member
Others Present:
David Dickey Director, Community & Economic Development
Anthony Garganese City Attorney
Patti Roth Code Enforcement
Renee Yother Board Secretary
OLD BUSINESS
NEW BUSINESS
Kyle Harris introduced Renee Yother as the new Board Secretary.
Adam Marrara, resident and owner of 212 Adams Avenue, expressed his concerns for zoning
requirements, specifically setbacks. Mr. Marrara requested that the Board consider review of
the current 8’ setback requirements and consider possible variances for non-conforming
properties or a universal 5’ setback for properties 75’ or less in width. Chairman Russell
requested for staff to agenda this item for further discussion at a future meeting.
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting – May 10, 2023
Page 3 of 3
A.Board Matters:
1.Approval of Meeting Minutes: February 22, 2023 – Motion to accept the minutes as
written made by Board Member Stroud and seconded by Board Member
Gentilquiore. Vote on the motion carried unanimously.
B.Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
2.Ordinance No. XX-2023; an Ordinance of the City Council of the City of Cape Canaveral,
Brevard County, Florida; modifying Section 110-624 of the City Code regarding building
height in the Economic Opportunity Overlay District (EOOD); providing for the repeal of
prior inconsistent ordinances and resolutions; incorporation into the Code; severability
and an effective date.
Mr. Harris gave a brief review of the current Ordinance regarding building height requirements,
and the process to approve heights up to 65’ in the A1A Economic Opportunity Overlay District.
Discussion ensued as to why this Code should be modified. Chairman Lamar Russell asked for
a motion be submitted for approval to the Council for an Ordinance change. Board Member
Susan Denny made the motion, Board Member Steven Stroud seconded the motion. The
motion carried unanimously.
3.Review proposed language to establish a Mixed-Use Future Land Use category to the
Future Land Use Element of the Comprehensive Plan and provide direction to Staff.
Mr. Harris provided a slide presentation regarding Mixed-Use Land Use, and informed the Board
that Comprehensive Plan LU 1-1.8.1 is in the process of being updated. Discussion ensued with
Mr. Dickey requesting feedback from the Board on the concept of Mixed-Use Land Use and to
have future discussions on the subject. Mr. Garganese reminded the Board that the current
Comprehensive Plan does not currently have a Mixed-Use Land Use category, but it does state
the option for the City to create one. The Board and Staff reviewed the City’s current Land Use
Map and discussed how limited the land use is. Mr. Dickey suggested rewriting this presentation
in Ordinance form for consideration by the Board at the next meeting.
REPORTS AND OPEN DISCUSSION
Mr. Garganese informed the Board that the Florida Legislature passed some Land Use related Bills
which need to be discussed with the Board in the future, as they will have impacts to City zoning
administration. He informed the Board the Senate has approved new regulations for Airbnbs.
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting – May 10, 2023
Page 3 of 3
Mr. Dickey reminded the Board about Staff’s on-going work related to off-street parking for
restaurants and bars. Mr. Dickey and Mr. Harris will be presenting options for the Board to
consider at an upcoming meeting.
ADJOURNMENT: The meeting adjourned at 7:20 PM.
Approved on this ___________________________________ day of _________________________________, 2023
_____________________________________________________
Lamar Russell, Chairman
_____________________________________________________
Renee Yother, Board Secretary
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING BOARD
July 12, 2023REGULAR MEETING · ITEM #
City of
Subject: Consideration of Ordinance No. XX-2023 to amend theCity of Cape Canaveral
Comprehensive Plan Future Land Use Element by Establishing a Mixed-Use (MXU) Land Use
Category and Related Objective and Policies, providing for the repeal of prior inconsistent
Ordinances and Resolutions, incorporation into the Comprehensive Plan, an effective date and legal
status of the Plan amendments.
Summary:At its May 10, 2023, Regular Meeting, the Planning & Zoning Board(Board)considered
a presentation by Staff regarding an Amendment to the Future Land Use Element of the
Comprehensive Plan (Plan) to establish a Mixed-Use (MXU) land use category (see Board minutes -
Attachment 1). Based on that discussion and Board feedback, the City Attorney had prepared the
attached ordinance (Attachment 2) for Board consideration and action.
Background: Mixed-use development is an alternative to traditional/single-use zoning. It places
multiple uses within a site, such as street-level retail with residential units above (vertical mixed
use), or co-locates uses within a designated area, such as neighborhoods that offer residential,
commercial, and civic spaces within walking distance (horizontal mixed use).
This development approach varies from traditional/single-use zoning, which is characterized by
distinct zones. Allowing for a mix of different uses makes it possible for people to live near everyday
destinations, such as places of work, retail, and neighborhood services, and thus provides a variety
of environmental, economic, social, and health benefits that can align with existing community
priorities. Additional benefits include reducing local transportation times and emissions, energy
consumption, encouraging a sense of place, and improving the efficiency of land utilization.
Cape Canaveral has relied on a traditional zoning program since its incorporation in the 1960’s.
However, the call for mixed-use in the City goes back many years. In 2012, language providing for
mixed-use was included in the A1A Economic Opportunity Overlay District section of the Code. The
Coastal Management (Policy CM-1.14.4) and Future Land Use (Policy LU-1.8.1) Elements of the Plan
also call for the implementation of mixed-use. Finally, the City’s 2009 Envision Cape Canaveral
identified an opportunity for a walkable, mixed-use “Downtown.”
Most recently, the concept of mixed-use was discussed at the Council’s 2022 Strategic Planning
Retreat (Attachment 2). During the Strengths, Weaknesses, Opportunities, and Threats (SWOT)
analysis, the concept of “More Mixed-Use Options (Retail/Restaurants/Grocery Shopping)” was
identified as an Opportunity, and again during the “Blue Sky” portion of the meeting, where
Councilmembers were given the opportunity to raise aspirational goals for the City.
The new MXUlanguage implements recommendations from the adopted 2019 Resilient Cape
Canaveral Vulnerability Assessment and 2021 Resiliency Action Plan in order to move away from
development patterns that result in the undue consumption of land and resources. The proposed
language encourages a variety of innovative land uses and intensities within a development site,
encourages flexible and creative low impact development site design, and promotes
redevelopment and reinvestment in underutilized areas.
City of Cape Canaveral P&Z Board
Regular Meeting · July 12, 2023
Agenda Item #
Page 2 of 4
Due to the nature and scope of mixed-use development, it is proposed that MXD projectscomply
with the following standards:
1.Be a minimum of seven (7) net developable acres;
2.Include a well-balanced and compatible mix of residential and non-residential uses. No
more than 75 percent of any one land use will dominate the project.
3.Be located within the A1A Economic Opportunity Overlay District;
4.Be adjacent to, and have primary access from, Astronaut Boulevard (S.R. A1A), Center Street,
or West Central Boulevard; and
5.Not exceed 65 feet in height.
6.Have a base density up to 15 units per net developable acre. However, subject to the
discretion of the Council, density may be increased to 30 units per acre through compliance
with the following:
a.Whether the proposed development genuinely embraces the vision statement of the
City of Cape Canaveral established by the City Council;
b.Whether the proposed mix of residential, commercial (retail, restaurants, office),
recreational, civic, open space and/or institutional uses for the mixed-use development
are authentically integrated; compatible and in harmony with one another; meet the
present and future needs of the community; and create a sense of place;
c.Proposed enhancements the developer will commit to completing by development
agreement that will significantly: (i) bring the overall quality of the proposed
development above and beyond the minimum requirements set forth in the City Code;
(ii)enhance the surrounding neighborhood; and (iii) serve the public health, safety, and
welfare of the citizens and visitors of Cape Canaveral;
d.Compatibility and harmony with the special and distinctive character of the City;
e.Compatibility with and betterment of surrounding neighborhoods and land uses;
f.The manner in which the developer addresses flooding concerns applicable to the
subject property as set forth in the City’s vulnerability assessment;
g.Proven first-hand experience of the developer to successfully finance and complete one
or more projects;
h.Impact on environmental concerns including whether the development enhances the
beauty and integrity of its natural environment;
i.Incorporation of resilient, sustainable and climate ready community design features
that are based on best available and peer reviewed science to the maximum extent
feasible and practicable;
j.Consideration of a recommendation from the Community Redevelopment Agency if
the project is in conflict with the Agency’s Redevelopment Plan, and/or requires an
Agency contribution to support the project;
k.Any other factors as may be deemed relevant and necessary by the City Council.
Other Considerations:
1.Public Involvement: due to the unique nature and potential community impact of mixed-
use, the following is proposed to ensure stake holders are involved throughout the process,
to include:
City of Cape Canaveral P&Z Board
Regular Meeting · July 12, 2023
Agenda Item #
Page 3 of 4
a.Prior to submitting a formal application seeking approval of a MXU future land use map
comprehensive plan amendment, the applicant shall submit the following:site layout
plan, building elevation, and a list of proposed land uses, to the staff and Council for a
non-binding and preliminary review at a public meeting. The applicant will only receive
initial feedback regarding the proposed project, and no formal recommendation or
commitments will be made. Thereafter, the applicant can consider whether to submit a
formal application seeking approval of an MXU designation.
b.Upon submittal of a formal application seeking approval of an MXU designation, the
applicant will be required to negotiate a draft development agreement with the City
Manager prior to the application and development agreement being presented to the
Council for approval at a public hearing.
c.The applicant shall hold at least one community workshop to discuss the proposed
application. The workshop shall be held prior to the application being considered by
the Council.
2.Live-Work Units: the draft language includes a new objective to establish the use of live-
work units in commercial and industrial zoning districts. Live-work units include the use of
residential space within a commercial or industrial building. For example, if a shop owner
wished to live in an apartment within the same building as his/her business, this would now
be allowed. The next step would be for Staff to prepare enabling land development
regulations to provide specifics on how live-work units would operate in the City.
3.Update PUD Language: Creates a new objective to provide clarification that the PUD zoning
category specifically allows mixed-use, to provide flexibility from typical zoning standards.
Development within a PUD may be phased, and shall include a development plan (site plan)
indicating the layout of the proposed improvements.
One of the critical considerations is where mixed-use will be allowed. As proposed, MXD projects
will only be allowed in the EOOD, and be adjacent to, and have primary access from, Astronaut
Boulevard (S.R. A1A), Center Street, or West Central Boulevard. These locational criteria are critical
because mixed-use, as the name implies, may contain uses other than residential. For this reason,
locations on or near major transportation routes are proposed. Additionally, most mixed-use
developments are scaled to partially support the non-residential portion of the project. As
proposed, MXD projects will be a minimum of seven (7) acres in size.
Through the MXD category, the inclusion of community priorities can be incentivized. As proposed,
the MXD category may include densities up to 30 units per acre. The award of densities over the
base density of 15 units per acre will be negotiated on a project-by-project basis. In order to take
advantage of higher densities, developments will be required to incorporate low-impact
development techniques, affordable housing, and the use of sustainable energy infrastructure (i.e.,
solar) as part of the approval process.
Attachments:
City of Cape Canaveral P&Z Board
Regular Meeting · July 12, 2023
Agenda Item #
Page 4 of 4
1.Minutes from May 10, 2023Planning & Zoning Board Meeting
2.Ordinance No. XX-2023
Community and Economic DevelopmentStaff recommend the Board take the following
action:Consideration of Ordinance No. XX-2023 to amend the Comprehensive Plan Future Land
Use Element to establish a Mixed-Use Land Use (MXU) category.
Approved by Director:David Dickey Date:
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting – May 10, 2023
Page 3 of 3
A.Board Matters:
1.Approval of Meeting Minutes: February 22, 2023 – Motion to accept the minutes as
writtenmade byBoard Member Stroudandseconded by Board Member
Gentilquiore. Vote on the motion carried unanimously.
B.Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
22..OrdinanceOrdinanceNo. XXNo. XX--2023; an Ordinance of the City Council of the City of Cape Canaveral,2023; an Ordinance of the City Council of the City of Cape Canaveral,2023; an
Ordinance of the City Council of the City of Cape Canaveral,
Brevard County, Florida; modifying Section 110Brevard County, Florida; modifying Section 110Brevard County, Florida; modifying Section 110--624 of the City Code regarding building624
of the City Code regarding building624 of the City Code regarding building
height in the Economic Opportunity Overlay District (EOOD); providing for the repeal height in the Economic Opportunity Overlay District (EOOD); providing for the repeal height in the
Economic Opportunity Overlay District (EOOD); providing for the repeal ofof
prior inconsistent ordinances and resolutions; incorporation into the Code; severabilityprior inconsistent ordinances and resolutions; incorporation into the Code; severabilityprior
inconsistent ordinances and resolutions; incorporation into the Code; severability
and an effective date.and an effective date.
Mr.Harris gave a brief review of the current Ordinance regarding building height requirements,
and the process to approve heights up to 65’ in the A1A Economic Opportunity Overlay District.
Discussion ensued as to why this Code shouldbe modified. Chairman Lamar Russell asked for
a motionbe submitted for approval to the Councilfor an Ordinance change.Board Member
Susan Denny made the motion, Board Member Steven Stroud seconded the motion. The
motioncarried unanimously.
3.Review proposed language to establish a Mixed-Use Future Land Use category to the
Future Land Use Element of the Comprehensive Plan and provide direction to Staff.
Mr.Harris provided a slide presentation regarding Mixed-Use Land Use, andinformedthe Board
that Comprehensive Plan LU 1-1.8.1is in the process of being updated.Discussion ensued with
Mr. Dickey requestingfeedback from the Boardon the concept of Mixed-Use Land Use and to
have future discussions on the subject. Mr. Garganese reminded the Board that the current
Comprehensive Plan does not currently have a Mixed-Use Land Use category, but it does state
the option for the City to create one. The Board and Staff reviewedthe City’s current Land Use
Map and discussed how limited the land use is.Mr. Dickey suggested rewriting this presentation
in Ordinance form for consideration by the Boardat the next meeting.
REPORTS AND OPEN DISCUSSION
Mr. Garganese informed the Board that the Florida Legislature passed some Land Use related Bills
which need to be discussed with the Board in the future, as they will have impacts to City zoning
administration. He informed the Board the Senate has approved new regulations for Airbnbs.
1 ORDINANCE NO. _____-2023
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE
5 CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN FUTURE
6 LAND USE ELEMENT BY ESTABLISHING A MIXED-USE (MXU)
7 LAND USE CATEGORY AND RELATED OBJECTIVE AND
8 POLICIES; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
11 PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
12 AMENDMENTS.
13
14 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning
15 Act, which was formerly known as the Local Government Comprehensive Planning and Land
16 Development Regulation Act; and
17
18 WHEREAS, the Community Planning Act requires each municipality in the State of Florida
19 to prepare, adopt, and update a Comprehensive Plan; and
20
21 WHEREAS, Future Land Use Objective LU-1.8 and Policy LU-1.8.1 currently provide that
22 the City will work towards establishing a mixed-use future land use classification to allow a mix
23 of uses within a development site or within a multiple parcel area to encourage flexible
24 and creative design, protect established residential neighborhoods from adverse impacts
25 of nonresidential development and reduce the cost of public infrastructure; and
26
27 WHEREAS, the City has recently completed several community surveys and
28 strategic vision sessions which suggest that the citizens of Cape Canaveral support the
29 creation of a mixed use land use designation provided such designation supports and is
30 consistent with the vision established by the City of Cape Canaveral; and
31
32 WHEREAS, this Ordinance is intended to implement the policy direction established by
33 the City Council under Future Land Use Objective LU-1.8 and Policy LU-1.8.1; and
34
35 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
36 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
37 proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens
38 and all interested parties submitting written and oral comments and has recommended adoption
39 to the City Council; and
40
City of Cape Canaveral
Ordinance No. ____-2023
Page 1 of 11
41 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject
42 comprehensive plan text amendment to the Florida Department of Economic Opportunity for its
43 review and comment; and
44
45 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the
46 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and
47
48 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS:
49
50 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
51 herein by this reference.
52
53 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
54 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes.
55
56 Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt
57 comprehensive plan text amendments amending the text of the Future Land Use Element of the
58 City of Cape Canaveral Comprehensive Plan.
59
60 Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the
61 City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral
62 Comprehensive Plan, Future Land Use Element, (underlined type indicates text being added to the
63 Comprehensive Plan, Future Land Use Element and strikeout type indicates text being deleted
64 from the Comprehensive Plan, Future Land Use Element; while asterisks \[***\] indicate a deletion
65 from this Ordinance of text existing in the Future Land Use Element). It is intended that the text in
66 the Future Land Use Element, denoted by the asterisks and set forth in this Ordinance, shall remain
67 unchanged from the language existing prior to adoption of this Ordinance:
68
69 FUTURE LAND USE ELEMENT
70 GOALS, OBJECTIVES and POLICIES
71
72 ***
73 POLICY LU-1.3.3
74
75 The City shall enforce its requirements pertaining to densities and intensities of land use
76 in each land-use category--i.e.
77
78 *R-1, Low Density Residential: maximum 5.808 lots/acre.
79 *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/net
80 acre.
81 *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/net acre.
City of Cape Canaveral
Ordinance No. ____-2023
Page 2 of 11
82*M-1, Light Industrial: maximum 4.356 lots/acre.
83*C-1, Commercial: zoning regulations impose a variety of requirements, depending upon
84 type of use.
85*C-2, Commercial: zoning regulations impose a variety of requirements, depending upon
86 type of use.
87 PUB, Public and Recreation Facilities
88 CON, Conservation
89 MXU, Mixed Use: maximum of 15 units/net acre unless a higher density of not to exceed
90 30 units/net acre is approved by the City Council in accordance with the provisions of
91 Objective LU-1.8.A.
92
93***
94
95 OBJECTIVE LU-1.8
96 The City shall work toward the use of innovative mixed use land use classifications and
97 land development regulations to implement the recommendations of the 2009 Visioning
98 Study for mixed use developments and a downtown center.
99 The measurement of this Objective is the extent to which innovative land uses and land
100 development techniques are allowed and the degree to which the following Policies are
101 implemented.
102
103 POLICY LU-1.8.1
104 The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel,
105 and flex space through the use of Mixed Use Land Use designations. The Mixed Use Future
106 Land Use designation provides for a mix of uses within a development site or within a
107 multiple parcel area to encourage flexible and creative design, protect established
108 residential neighborhoods from adverse impacts of nonresidential development and
109 reduce the cost of public infrastructure. When the City adopts a policy creating a mixed-
110 use land use designation(s), it will define the percentage distribution for the mix of
111 allowable uses or other guidelines to implement mixed-use controls consistent with the
112 requirements of 9J-5.006(4)(c), F.A.C. and further, it will include density and intensity
113 standards for the mixed-use designation pursuant to Section 163.3177(6)(a), F.S.
114 Designation of Mixed-Use FLU on the FLU Map within the City and the pursuit of
115 appropriate strategies shall be based upon the following issues, factors and criteria:
116
117 A.Provide for the compatibility of mixed land use patterns, which would consist of
118 retail, restaurant, commercial, office, hotel, flex space and residential uses through the
119 implementation of appropriate land development regulations.
City of Cape Canaveral
Ordinance No. ____-2023
Page 3 of 11
120 B. Encourage private development activities to coordinate with existing residents and
121 property owners. Coordinate the provision of adequate public facilities and services.
122 C. Provide for a reduced need for infrastructure by allowing for shared parking,
123 drainage and other facilities.
124 D. Existing single use developments in place prior to the designation of the land as
125 Mixed Use remain legal conforming uses that can be restored in accordance with the
126 current zoning district standards applicable to the property.
127 E. Attendant on-site facilities such as utilities, structured parking facilities integrated
128 into other uses, public schools, open space and recreation areas.
129
130 OBJECTIVE LU-1.8.A
131
132 The Mixed-Use (MXU) land use category is intended to support very select mixed-use
133 development projects of high quality that authentically integrate a creative mix of uses
134 and genuinely embrace the vision statement of the City of Cape Canaveral established by
135 the City Council. Such development projects are not otherwise allowed in other land use
136 categories due to their mixed use components. The MXU land use category is intended
137 to promote convenient and efficient relationships between housing, employment,
138 services, and a vari
139 prioritized and achieved by an approved mixed-use development project in cooperation
140 The MXU future land use
141 map designation shall be subject to the discretion of the City Council and the following
142 conditions, which are set forth as policies as follows:
143
144 POLICY LU-1.8.A1 The MXU land use category shall be a future land use map
145 designation which may only be approved by the City Council on a project-by-project basis
146 by ordinance and a written development agreement for a specific development project
147 of a larger scale after considering the following factors:
148
149 1. Whether the proposed development genuinely embraces the vision statement of the
150 City of Cape Canaveral established by the City Council;
151 2. Whether the proposed mix of residential, commercial (retail, restaurants, office),
152 recreational, civic, open space and/or institutional uses for the mixed-use development
153 are authentically integrated; compatible and in harmony with one another; meet the
154 present and future needs of the community; and create a sense of place;
155 3. Pedestrian-friendly design mechanisms at the street level and providing buildings that
156 are connected by internal streets and drives, and pedestrian connections and
157 pathways. On site connections shall also provide connections to any existing
158 pedestrian and bicycle infrastructure network to the maximum extent possible;
159 4. Economic and social benefits to the City and Community Redevelopment Agency;
City of Cape Canaveral
Ordinance No. ____-2023
Page 4 of 11
160 5. Aesthetic quality and character, architectural design, and physical and visual scale;
161 6. Any proposed enhancements that developer will commit to completing by
162 development agreement that will significantly: (i) bring the overall quality of the
163 proposed development above and beyond the minimum requirements set forth in the
164 City Code; (ii) enhance the surrounding neighborhood; and (iii) serve the public health,
165 safety, and welfare of the citizens and visitors of Cape Canaveral;
166 7. Compatibility and harmony with the special and distinctive character of the City;
167 8. Compatibility with and betterment of surrounding neighborhoods and land uses;
168 9. Prohibits strip commercial uses;
169 10. Impact upon public facilities and the adequate provision of public services;
170 11. Adequacy of on-site parking and impact on off-site parking and implementation of
171 shared parking concepts;
172 12. Project components have common features and support services such a parking,
173 servicing, loading, utilities, amenities, drainage, public and open spaces, signs and
174 other development features;
175 13. Consistency with the CRA Community Redevelopment Plan and any other existing
176 master plan approved and being implemented by the City;
177 14. The manner in which the developer addresses flooding concerns applicable to the
178
179 15. Proven first-hand experience of the developer to successfully finance and complete
180 one or more projects of such physical and visual scale and design, as evidenced by a
181 written portfolio identifying and describing previously completed or substantially
182 completed projects by the developer;
183 16. The negotiated terms and conditions of the development agreement including a
184 development schedule deemed relevant and acceptable to the City Council;
185 17. Impact on environmental concerns including whether the development enhances the
186 beauty and integrity of its natural environment;
187 18. Incorporation of resilient, sustainable and climate ready community design features
188 that are based on best available and peer reviewed science to the maximum extent
189 feasible and practicable;
190 19. Consideration of a recommendation from the Community Redevelopment Agency if
191 the project is in conflict with and/or requires an
192 Agency contribution to support the project;
193 20. Compliance with applicable land development regulations and comprehensive plan
194 policies; and
195 21. Any other factors as may be deemed relevant and necessary by the City Council.
196
197 POLICY LU-1.8.A2 A MXU future land use map designation may only be approved by
198 the City Council in conjunction with a development agreement setting forth the
199 authorized land uses, densities, intensities, conceptual site plan of the proposed
200 development project drawn to scale by a duly licensed engineer, development schedule,
201 commitments, amenities, and such other specific details of the proposed development
City of Cape Canaveral
Ordinance No. ____-2023
Page 5 of 11
202 deemed relevant and necessary by the City Council to ensure compliance with Objective
203 LU-1-8A and other applicable provisions of the Comprehensive Plan and City Code. The
204 development agreement shall control the future development of the property and be
205 deemed a condition of approval of the ordinance and recorded against the subject
206 property and shall run with the land and become effective if the ordinance approving the
207 MXU future land use map designation becomes effective in accordance with law.
208
209 POLICY LU-1.8.A3 The Mixed-Use designation shall only be considered by application
210 for a specific development project in very limited areas within the A1A Economic
211 Opportunity Overlay District that are adjacent to and have primary vehicular access from
212 one of the following major transportation corridors in the City:
213 1. Astronaut Boulevard (S.R. A1A);
214 2. Center Street; and
215 3. West Central Boulevard.
216
217 POLICY LU-1.8.A4 The development site shall be a minimum of seven (7) net
218 developable acres. Developable area shall include the building site, recreation areas, open
219 space, swimming pools, entrance features, required landscape areas, parking drives,
220 setback areas and the similar spaces devoted exclusively to the approved mixed uses.
221 However, such area shall not include wetlands, conservation areas unless required and
222 approved by the City Council to be incorporated into the project as an amenity, land
223 already developed, roadways, waterways, and lands unsuitable for development for the
224
225 or for environmental reasons.
226
227 POLICY LU-1.8.A5 The City estimates that a MXU designation approved by the City will
228 consist of a well-balanced and compatible mix of residential and non-residential uses.
229 However, because an approved MXU designation shall be unique to each development
230 project, the City Council may allow, in its discretion, no more than seventy-five (75)
231 percent of any one type of land use to dominate an approved MXU designation.
232
233 POLICY LU-1.8.A6 Residential density shall be limited to a maximum of fifteen (15) units
234 per net developable acre. However, if residential housing units are developed as part of
235 a vertical mixed-use project a bonus of up to an additional fifteen (15) units per net
236 developable acre (maximum total of thirty (30) units per net developable acre) may be
237 approved subject to the discretion of the City Council pursuant to POLICY LU-1.8.1.
238
City of Cape Canaveral
Ordinance No. ____-2023
Page 6 of 11
239 POLICY LU-1.8.A7 The maximum height and elevations of any building shall be
240 established by the City Council for the approved development project, but shall not
241 exceed six (6) stories. Step backs shall be required for buildings four (4) stories or more.
242
243 POLICY LU-1.8.A8 Due to the unique nature and importance of the MXU designation to
244 serve the needs of the community, active involvement of residents, businesses and
245 interested stakeholders in the planning and decision making process will be encouraged.
246 As such, in addition to the public hearing requirements required for comprehensive plan
247 amendments under state law, the following additional public hearing requirements shall
248 apply:
249
250 A.Prior to submitting a formal application seeking approval of a MXU future land use map
251 comprehensive plan amendment, the applicant shall submit a site layout and building
252 elevation design in schematic or sketch form, and a list of proposed land uses, to the staff
253 and City Council for a non-binding and preliminary review at a public meeting. At the
254 meeting, the applicant will only receive initial feedback regarding the proposed project
255 and no formal recommendation or commitments will be made at this time. Thereafter, the
256 applicant can consider whether to submit a formal application seeking approval of an MXU
257 designation.
258 B.Upon submittal of a formal application seeking approval of an MXU designation, the
259 applicant will be required to negotiate a draft development agreement with the City
260 Manager prior to the application and development agreement being presented to the City
261 Council for approval at a public hearing.
262 C.The applicant shall be responsible for conducting at least one publicly noticed community
263 workshop to inform neighboring property owners and interested residents and businesses
264 of the proposed application and answer questions relevant to the proposed application.
265 At a minimum, preliminary demonstrative concept plans, development schedules, and
266 specifications of the proposed development project such as land uses, size and height of
267 buildings, intensity and density, new roads, and other primary features and amenities shall
268 be presented to the public. The workshop shall be held on a date, time and location
269 approved by the City prior to the application being presented to the City Council for
270 approval at a public hearing. The applicant shall be required to schedule an additional
271 workshop if the initial workshop has occurred more than six (6) months prior to the
272 tially proposed plans have
273 substantially and materially changed from the initial workshop or the City Council
274 determines that an additional community workshop is required before making a final
275 decision on any related application.
276
277 POLICY LU-1.8.A9 An approved mixed-use designation shall be subject to approval of
278 a corresponding Planned Unit Development (PUD) zoning map designation by the City
279 Council provided such zoning designation is consistent with the approved MXU future
City of Cape Canaveral
Ordinance No. ____-2023
Page 7 of 11
280 land use designation, development agreement and other requirements of law. A PUD
281 zoning application may be processed in conjunction with the MXU future land use map
282 application. The development agreement approved as part of the MXU designation may
283 be modified to incorporate additional or revised conditions and requirements deemed
284 relevant and necessary by the City Council during the PUD zoning approval process.
285
286 OBJECTIVE LU-1.8.B
287
288-
289- commercial and industrial zoning districts which allows a building or
290 spaces within a building to be used jointly for commercial and residential purposes where
291 the residential use of the space is secondary or accessory to the primary use as a place of
292 work. Proposed live-work units authorized by land development regulations in applicable
293 commercial and industrial zoning districts shall not be subject to the requirements set
294 forth in Objective LU-1.8.A.
295
296 POLICY OBJECTIVE LU-1.8.2C
297 The City shall allow planned unit developments (PUD's) and establish PUD land
298 development regulations with proper review, using the following specific criteria:
299A.The PUD is an area of land developed as a single development project entity, which
300 may include a phased development schedule or in approved stages, in conformity
301 with a final development plan which is approved as part of the PUD rezoning and
302 intended to provide for a variety of residential and compatible uses and common
303 space, or a mixed-use development project approved pursuant to Objective LU-
304 1.8.A.
305B.The PUD is a concept which permits a development with unique development
306 standards and requirements as set forth in the PUD zoning ordinance, final
307 development plan and any development agreement deemed relevant and
308 necessary by the City. It is intended to provide more flexible and desirable land
309 use patterns and developments that create a greater sense of place, community
310 and neighborhood identity, through superlative urban design and innovation. It is
311 also intended to allow deviations in lot size, setbacks and other traditional bulk
312 zoning regulations that would not otherwise be possible through strict application
313 of Euclidian zoning, while adhering to the provisions of the comprehensive plan
314 and applicable federal and state regulations. variation in residential developments
315 by allowing deviation in lot size, type of dwelling, density, lot coverage, and open
316 space from that required for any one residential land-use classification under the
317 zoning regulations.
City of Cape Canaveral
Ordinance No. ____-2023
Page 8 of 11
318C.PUD land development regulations and procedures and standards will be guided
319 by have the following objectives:
3201.Accumulation of large areas of usable open spaces for recreation and
321 preservation of natural amenities.
3222.Flexibility in design to take the greatest advantage of natural land, trees,
323 historical and other features.
3243.Creation of a variety of housing types and compatible neighborhood
325 arrangements that give the home buyer greater choice in selecting types of
326 environment and living units.
3274.Allowance of sufficient freedom for the developer to take a creative
328 approach to the use of land and related physical development, as well as
329 utilizing innovative techniques to enhance the visual character of the City of
330 Cape Canaveral.
3315.Efficient use of land which may result in smaller street and utility networks
332 and reduce development costs.
3336.Establishment of criteria for the inclusion of compatible associated uses to
334 complement the residential areas within the planned unit development.
3357.Simplification of the procedure for obtaining approval of proposed
336 developments through simultaneous review by the City of proposed land
337 use, site consideration, lot and setback considerations, public needs and
338 requirements, and health and safety factors.
3398.PUD should utilize economical and efficient use of land, utilities and streets
340 and other infrastructure.
341D.No PUD shall be approved by the City until such time as a PUD ordinance is
342 adopted by the City in accordance with the PUD land development regulations and
343 in conjunction with a final development plan and development agreement; this
344 PUD ordinance shall be an up-to-date type of ordinance based upon the criteria
345 specified above.
346
347***
348
349 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
350 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
351 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
352
353 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
354 Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
355 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
356 number or letter and any heading may be changed or modified as necessary to effectuate the
357 foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations
City of Cape Canaveral
Ordinance No. ____-2023
Page 9 of 11
358 and omissions, not affecting the construction or meaning of this Ordinance and the City
359 Comprehensive Plan may be freely made.
360
361 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
362 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
363 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
364 a separate, distinct and independent provision, and such holding shall not affect the validity of
365 the remaining portions of this Ordinance.
366
367 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
368 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after
369 the state land planning agency notifies the City that the plan amendment package is complete
370 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged,
371 the plan amendment shall not become effective until the state land planning agency or the
372 Administration Commission enters a final order determining the adopted amendment to be in
373 compliance. No development orders, development permits or land use dependent on this plan
374 amendment may be issued or commenced before it has become effective. After and from the
375 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall
376 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the
377 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as
378 amended.
379
380 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this ______ day of ___________,
381 2023.
382
383
384 _______________________________
385 Wes Morrison, Mayor
386 ATTEST:
387
388 For Against
389 ___________________________________
390 Mia Goforth, CMC Kim Davis _______ _______
391 City Clerk
392 Mickie Kellum _______ _______
393
394 Wes Morrison _______ _______
395
396 Angela Raymond _______ _______
397
398 Don Willis _______ _______
399
City of Cape Canaveral
Ordinance No. ____-2023
Page 10 of 11
400 Approved as to legal form and sufficiency
401 for the City of Cape Canaveral only by:
402
403 __________________________________________
404 Anthony A. Garganese, City Attorney
405
406
407
st
408 1 Advertisement:
st
409 1 Reading/Transmittal:
nd
410 2 Advertisement:
nd
411 2 Reading/Adoption:
City of Cape Canaveral
Ordinance No. ____-2023
Page 11 of 11
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING BOARD
July 12, 2023REGULAR MEETING · ITEM #
Subject: Discuss potential alternatives to the current parking requirements for restaurants/bars
specified in Sec. 110-491 of the Cape Canaveral’s Land Development Regulations.
Background:At its August 16, 2022 Regular Meeting, the City Council heard from a significant
number of residents regarding the repeal of commercial parking restrictions for a business located
on the 100 block of Jackson Avenue due to an on-going code enforcement action. As a result, the
Council placed a stay on all code enforcement actions dealing with the City’s parking regulations.
At the same meeting, the Council approved a subsequent motion to send this item to Planning and
Zoning Board for a recommendation on revising parking requirements. The Council limited the
scope of their request to restaurants and bars.
At its October 12, 2022 Regular Meeting, the Planning & Zoning Board voted to recommend to
Council to hire a consulting firm to investigate the City’s bar and restaurant parking and provide
recommendations. To that end, Staff secured a proposal from Kimley-Horn and Associates, Inc.
(KHA) for the completion of an engineering parking analysis for bars and restaurants. City Council
considered the proposal at its December 20, 2022 Regular Meeting and determined that an
engineering study was not necessary as they felt the Planning and Zoning Board and Staff could
provide similar levels of analysis without the consultant. Kelley Klepper, AICP, from KHA suggested
a compromise to Council by offering to provide City Staff with impartial, third-party peer-reviewed
research and data gathered from similar municipalities, and to help facilitate/work with Staff on City
parking analysis to be presented to and discussed with the Planning & Zoning Board.
Currently, City Code requires that bars/restaurants provide one (1) space per three (3) seats, without
consideration for the size or type of bar/restaurant. The benefit of calculating by seats is that it
likely comes closest to capturing the total number of people at a bar/restaurant during peak hours.
However, it can create difficulties for restaurants with a full-service alcohol license (4COP) due to
State licensure requirements:
1.Maintain at least 2,500 square feet of service area.
2.Have the capacity to serve meals to at least 150 persons at one time.
3.Derive at least 51% of its gross food and beverage revenues from food and nonalcoholic
beverages.
Since restaurant parking is a function of total seats, a 150-seat restaurant is required to have 50
parking spaces. For a small restaurant (min. 2,500 sf) to be able to serve full alcohol (not limited to
beer and wine), they must obtain a 4COP Series license. Naturally, 50 parking spaces takes up a
great deal of space – if parking lots range from 300 to 350 square feet per parking stall, which
accounts for traffic aisles, end island/caps, space between adjacent cars, etc., then a minimum of
City of Cape Canaveral P&Z Board
Regular Meeting · July 12, 2023
Agenda Item #
Page 2 of 3
15,000 sq. ft. is required for 50 parking spaces. This is a significant amount of space to dedicate to
parking, particularly in Cape Canaveral, which is largely built-out and where much of the commercial
space is contained on relatively small parcels.
Staff Analysis: Based on Staff’s independent research, as well as discussions with KHA, municipal
parking spaces required for bars/restaurants use one or a combination of the following factors:
1. Number of seats;
2. Square footage (calculated variously by gross floor area, outside floor area, or service area
only);
3. Number of employees;
4. Maximum occupancy capacity.
Several of these requirements were applied to two restaurants (Restaurant A & B) in the city in order
to see whether the current parking at these two locations would meet standards used elsewhere
(attached). These numbers are approximate, as certain numbers may have changed (i.e., total
employees) or were not available (i.e., the exact square footage of the service area only).
Restaurant A is a bar/restaurant on a small lot with 198 seats and service areas distributed both
inside and outside. Due to this, the number of parking spaces required (66 spaces) far exceeds the
number of parking spaces existing (12 spaces). The restaurant is approximately 54 spaces short
using the City’s requirement of one (1) space per three (3) seats. While none of the formulas used
by other municipalities would result in an excess of parking, some requirements minimized the
deficiency, particularly those that use square footage as a determinant. Restaurant B has fewer seats
(144) and sits on a larger lot with room for the 48 required spaces, though parking takes up much
of the lot outside of the structure.
A related consideration is the environmental impact of parcels that have a high percentage of
impervious surface. Generally, these parcels contribute significant untreated runoff into the City’s
already heavily burdened stormwater system.
City Code does allow for the City Manager or designee to approve alternative parking requirements
for developments that incorporate “alternative sustainable green parking lots,” which can include
facilities for alternative modes of transportation, generous shading, alternative pavement materials,
etc. However, this is most applicable for new development and is not as feasible for smaller,
independently owned bars and restaurants.
Locational Standards: Through mechanisms like the A1A Economic Opportunity Overlay District
(EOOD), Cape Canaveral has long held the goal of enhancing the pedestrian environment of the
City. Due to the City’s small land area, an excess of land devoted to parking is not sustainable and
City of Cape Canaveral P&Z Board
Regular Meeting · July 12, 2023
Agenda Item #
Page 3 of 3
discourages progress towards the EOOD’s pedestrian-oriented vision.This is particularly true for
businesses accessed by local roads as opposed to SR A1A, and therefore attract more pedestrians
and cyclists.
Staff recommends that any alternative parking requirements be limited to bars and restaurants that
meet certain locational standards consistent with neighborhood-scale development. The proposed
locational standards are:
1.Access shall be off of a two-lane public road.
2.Shall not have frontage on or access via A1A.
3.Has commercial zoning that permits bars/restaurants by right or with a special exception,
even if the existing use is not one, UNLESS the existing use is a nonconforming residential
use.
The attached map has been prepared to indicate properties that meet the proposed locational
criteria listed above.
Prepared by: Kyle Harris
Attachment:
1.August 16, 2022 City Council Meeting Minutes
2.October 12, 2022 Planning & Zoning Board Meeting Minutes
3.December 20, 2022 City Council Meeting Minutes
4.Spreadsheet comparing parking requirements
5.Map of eligible properties using locational criteria
Community and Economic DevelopmentStaff recommend the Board take the following
action: Provide direction to Staff regarding alternative parking requirements for bars and
restaurants in the City.
Approved by Director:David Dickey Date:
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
August 16, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Davis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum
Mayor Wes Morrison
Council Member Angela Raymond
Council Member Don Willis
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community and Economic Development Director Dave Dickey
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager/Office Manager Lisa Day
Leisure Services/Community Affairs Director Molly Thomas
Public Works Services Director Jim Moore
Brevard County Sheriff’s Office Commander Byron Keck
Brevard County Sheriff’s Office Lieutenant Scott Molyneaux
Mayor Morrison requested Council make a motion to place Agenda Item 17, Resolution No.
2022-16 after Presentations/Interviews. A motion was made by Council Member Willis,
seconded by Mayor Pro Tem Kellum, to move Item 17, Resolution No. 2022-16, after
Presentations/Interviews. The motion carried 5-0. Mayor Morrison advised all audience
members interested would be given a chance to comment.
Council reached consensus to reschedule Agenda Item 2 for the September 21, 2022 City
Council Regular Meeting.
PUBLIC PARTICIPATION: The following City residents, business and property owners discussed
opposition to the Florida Department of Transportation Modern Roundabout Project: Gwendolyn
Hagar, John Dillon, Jim Udischas, Brad Pervell, Thomas Clary, Bruce Robertson, Bill Hodge, Sarah
Hodge, William Hanson, Bill Pritchett, Dennis Fertig and Shannon Roberts.
Rhonda Breininger discussed zero growth in the City’s population, City debt and opposition to
spending.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 2 of 9
Brad Pervell discussed good customer service provided by Leisure Services Staff when renting the
Pavilion.
The following City residents, business and property owners discussed or waved their hands in
support of repealing commercial parking restrictions on behalf of Peg S. Schaller, owner of Ellie
Mae’s Tiki Bar: Jennifer Brand, Peg S. Schaller, Kiera Stolts, Eric LeBlanc, Carol Haley, Dino Martin,
Tom Shoriak, Jeff Raymon, Mark Hamberger, Jamie Lantz, Marianne Pluchino, Kimberly Bertuzzi,
Christine Campbell, Stefinie Lengen, Janet Bernard, Derek Bernard, Robert Wray, Dave
Cronenberg, Michelle Gouge, Daniel Palamountain, Will Davidson, Rick Sprole, Patty Bendrick,
Sylvia Ludwig, Gretchen Whitney, Kira Stoip, Geoff Bramlett, Emily Blanton, Joan Giles, Eric
Pluchino, Lu Hemond, William Cottons, Kristin Williams, Chelsea Williams-Gividen, Vanessa Van
Dongen, Shay Seitz, Bill Davidson, Shirley Elliot, Mark Elliot, Heather McIntosh, Brittany Adamson,
Melissa Cole, Mary Hooper, Bob Zittel, Chris Passio, Patti Lowery, Jason Pace, Tracy McIntosh,
Brenda VanWinkle, Andrew Menyhart, Elena Alvarez and Dana McMullan.
Mayor Morrison requested Council make a motion to place Agenda Item 18 regarding parking
regulation before Item 17, after Presentations/Interviews. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Kellum, to move Item 18 to the top of the list
just after Presentations/Interviews. The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring August 2022 as “Florida Water Professionals Month”
to City Public Works Services Staff, representing the Florida Water & Pollution Control
Operators Association: Mayor Morrison presented the Proclamation to Public Works Services
Director Moore.
Presentation of Institute for Elected Municipal Officials Certificate of Completion to Council
Member Don Willis: Mayor Morrison presented the Certificate to Council Member Willis.
Mayor Morrison recessed the meeting at 7:39 p.m. The meeting resumed at 7:50 p.m.
18. Parking regulations to help small businesses in our City/Parking Minimums in the
Commercial District (Submitted by Mayor Pro Tem Kellum and Mayor Morrison): Mayor
Morrison explained the Item. City Manager Morley requested discussion be limited to restaurants
and bars. Discussion ensued and included striking the minimum parking language in the City
Code, following the Fire Code, creating ordinances that are business-friendly, how the City is small
and not able to attract large franchise restaurants, City Code Sec. 110-491(1) requirements, a
suggestion to implement a variance for special cases such as Ellie Mae's Tiki Bar, pros and cons of
striking an entire Code Section, and a suggestion to conduct a parking analysis to look at best
practices for all small businesses. City Manager Morley confirmed understanding of Council’s
desires, explained the City Code requirement for any land development regulation must come by
recommendation of the Planning and Zoning Board and suggested a motion to send the Item to
the Board for consideration of all Council-discussed suggestions, and suggested Council place a
stay on Code Enforcement actions related to City Code Section 110-491(1) for all existing
restaurants and bars, including Ellie Mae’s Tiki Bar. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Raymond, for a stay for all existing businesses under
Code Sec. 110-491(1). The motion carried 5-0. Discussion ensued regarding when the item
should be scheduled for the Planning and Zoning Board Meeting and how there will be no
negative Code Enforcement impacts due to the stay approved by Council. A motion was made
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 3 of 9
by Council Member Willis, seconded by Council Member Raymond, to send the Item to the
Planning and Zoning Board. City Manager Morley clarified that City Council has no authority
over the Florida Fire Code. City Attorney Garganese advised Council on the reason not to seek
waiving occupancy requirements. The motion carried 5-0.
17.Resolution No. 2022-16; modifying and updating the City's list of State Road A1A
Improvement Priorities; requesting the Florida Department of Transportation provide an
updated traffic study for the portion of State Road A1A located within the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date: Mayor Morrison reviewed the Item and called for a compromise with the Florida
Department of Transportation (FDOT) without support for the Roundabout. Discussion ensued
and included individual Mayor and Council discussions with FDOT District Five Director of
Transportation Development Charles “Jack” Adkins, an alternative to improve State Road (SR) A1A,
opposition to the Roundabout Project, Council Member Willis’ efforts as the City’s representative
member on the Space Coast Transportation Planning Organization Governing Board to avert other
municipalities trying move ahead on the list of the FDOT projects, encouragement of groups to
meet with FDOT to view what can be achieved, the City’s long history of advocating for SR A1A
safety and improvements, the need to reach common ground, and clarification on FDOT SR A1A
prioritization of the Roundabout versus other improvement projects on SR A1A in the City. City
Attorney Garganese advised Council how to proceed with approving Resolution No. 2022-16. A
motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to approve
Resolution No. 2022-16, with “opposes” the proposed Roundabout. Discussion ensued and
included City Manager Morley’s request for clarification of Mayor Morrison’s conversation with
FDOT Director Adkins about what the City will get, even if it opposes the Roundabout, including
the 35mph speed limit and the raised median/landscaping, which FDOT previously indicated
would not be included in the Project. Mayor Morrison discussed how Director Adkins made no
guarantees but said yes to looking at other options with the pursuit of the 35mph speed limit,
and that FDOT maintains their position but are willing to look at alternatives other than the two
submitted. Discussion continued on whether the City will be getting all of the Public Safety Priority
Items contained in Exhibit “A” with the passage of the Resolution, and the element of risk Council
is willing to take with no guarantee from FDOT. The motion carried 5-0.
OLD BUSINESS:
1. Rising Rents. (Submitted by Council Member Raymond): Council Member Raymond
discussed concerns regarding the long waiting lists for senior citizen apartments, some rents
increasing $500 to $1,000 more per month, her passion for people and affordable housing, and
the Certificate of Recognition she received on behalf of the Society of St. Vincent DePaul, Our
Saviour’s Conference from the Governor’s Faith and Community Based Initiative for front line
service to the vulnerable populations of Florida. Discussion ensued and included a need for
renovating properties for affordability like other cities are doing, the importance of workforce
housing, reviewing the Community Redevelopment Area (CRA) Plan to add affordable housing,
the increasing population of Florida, the challenge of affordable housing construction, tiny homes
and 3-D printed houses.
2. Consideration and final action on the Code Enforcement Special Magistrate’s Report
and Recommendation regarding a request for a lien reduction for violations at 321 Johnson
Avenue: Item rescheduled at the request of property owner by Consensus of Council to September
21, 2022.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 4 of 9
CONSENT AGENDA: Council Member Willis removed Item 6. Mayor Morrison removed Item 9.
3.Approve the July 19, 2022 City Council Budget Workshop and Regular Meeting Minutes.
4. Resolution No. 2022-01; approving the Application for the Final Plat of Poinsetta Place,
generally located on the corner of Jefferson Avenue and Poinsetta Avenue, Cape
Canaveral; providing for the repeal of prior inconsistent Resolutions; severability; and
an effective date.
5. Resolution No. 2022-17; reappointing a Member to the Planning and Zoning Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Dr. Michael Miller)
6. Resolution No. 2022-18; adopting a Fee Schedule for the Cape Canaveral Community
Center; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
7. Approve the Fifteenth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $60,950.97
with Black’s Spray Service, Inc. and authorize the City Manager to execute same.
8. Approve Addendum Three (3) to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $277,117.94 with U.S. Lawns of Brevard dba
Micnor Corporation and authorize City Manager to execute same.
9. Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with
the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the
amount of $33,000 and authorize City Manager to execute same.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to
approve Items 3,4,5,7 and 8. The motion carried 5-0.
#6 Discussion ensued and included desire for addition of a category under the Fee Schedule
for the City of Cape Canaveral Community Center (C5), making membership available to all City
Staff at no charge, the value of the benefit being $528 per year, the benefit would be for hourly
and salaried employees only, not contracted Staff, Advisory Board or Council Members, and the
proposed rates were approved by unanimous vote of the Culture and Leisure Services Board.
Gwendolyn Hagar discussed fees for the residents versus non-residents and suggested a volunteer
program for residents and senior citizens to get a reduced rate in lieu of volunteer hours.
Discussion continued regarding health insurance plans offering memberships and analysis of the
estimated operating costs will be presented next summer after a year of gathering the data.
Council reached consensus to provide free membership to the C5 for non-contracted
employees of the City, and for the Culture and Leisure Services Board to consider a
volunteer/membership program for the C5. A motion was made by Council Member Willis,
seconded by Mayor Pro Tem Kellum, to adopt Resolution No. 2022-18, with changes. The
motion carried 5-0.
#9 Discussion ensued and included explanation of the Item, the updated/corrected Expiration
Date in Section 2 of the Purchase and Sale Agreement for Reserved Mitigation Credits by City
Attorney Garganese, confirmation by Capital Projects Director Ratliff this is the last step before
going out for Bid, half of the Long Point Park Estuary Project cost covered by a FIND (Florida
Inland Navigation District) Grant and other details of the Item and Project, Long Point Road
residents not in support of the Project, the idea of delaying the Project for a year or more, how the
Project is non-essential, and this Project has been approved by the Council. Michelle Lehr, 210 Long
Point Road, discussed opposition to the Project. Discussion continued over whether or not to
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 5 of 9
approve the Item, the history of and the budgeting of the Project that the City has worked on for
over ten years, the grant and permitting process, and consequences of delaying approval of the
Item and the Project. A motion was made by Council Member Willis, seconded by Mayor Pro
Tem Kellum, to delay approval until the next City Council Meeting. The motion carried 5-0.
Mayor Morrison called for a motion to extend the meeting. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting to 10:30 p.m.
The motion carried 4-1, with Council Member Raymond voting against.Mayor Morrison
requested Council hear Agenda Items 11 through 15 first. Council reached consensus to hear
Agenda Items 11 through 15 first under Public Hearing. Mayor Morrison recessed the meeting at
9:53 p.m. The meeting resumed at 9:59 p.m.
PUBLIC HEARING:
11. Ordinance No. 06-2022; 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, second reading; and
Ordinance No. 07-2022; 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, second reading: City Attorney Garganese explained there would be one public
hearing for the Phase III Ordinances of this rezoning plan, and read the titles into the record. The
Public Hearing was opened. There being no comment, Public Hearing was closed. A motion was
made by Council Member Willis, seconded by Council Member Raymond to adopt
Ordinance No. 06-2022, at second reading. The motion carried 5-0. A motion was made by
Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No.
07-2022, at second reading. The motion 5-0.
12. Ordinance No. 08-2022; 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, second reading; and
Ordinance No. 09-2022; 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, second reading: City Attorney
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 6 of 9
Garganese read the titles into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Council Member Davis,
seconded by Council Member Willis, to adopt Ordinance No. 08-2022, at second reading.
The motion carried 5-0. A motion was made by Council Member Willis, seconded by Mayor
Pro Tem Kellum, to adopt Ordinance No. 09-2022, at second reading. The motion carried 5-0.
13. Ordinance No. 10-2022; 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, second reading; and
Ordinance No. 11-2022; 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, second reading: City Attorney Garganese read the titles into the record. The Public
Hearing was opened. There being no comment, the Public Hearing was closed. A motion was
made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance
No. 10-2022, at second reading. The motion carried 5-0. A motion was made by Council
Member Raymond, seconded by Council Member Willis, to adopt Ordinance No. 11-2022,
at second reading. The motion carried 5-0.
14. Ordinance No. 12-2022; 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,
second reading; and
Ordinance No. 13-2022; 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, second reading: City Attorney Garganese read
the titles into the record. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Davis, seconded by Council
Member Willis, to adopt Ordinance No. 12-2022, at second reading. The motion carried 5-
0. A motion was made by Council Member Willis, seconded by Council Member Raymond,
to adopt Ordinance No. 13-2022, at second reading. The motion carried 5-0.
15. Ordinance No. 14-2022; 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
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 7 of 9
particularly depicted and legally described on exhibit “A” attached hereto, from “C-1
Commercial” To “R-2 Residential;” providing for the repeal of prior inconsistent ordinances and
resolutions, severability, incorporation into the Comprehensive Plan and an effective date,
second reading; and
Ordinance No. 15-2022; 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, second reading: City Attorney Garganese read the titles into
the record. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Council Member Willis, seconded by Council Member Davis,
to adopt Ordinance No. 14-2022, at second reading. The motion carried 5-0. A motion was
made by Council Member Willis, seconded by Council Member Raymond, to adopt
Ordinance No. 15-2022, at second reading. The motion carried 5-0.
10a. Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to
traffic and vehicles to create a new Article IV. – Operation of Golf Carts and Low-Speed Vehicles
on roads; authorizing the operation of golf carts on specifically designated City roadways by
subsequently adopted City Council resolution; providing definitions; providing for restrictions,
certain minimum equipment, registration, inspection and insurance requirements for golf
carts; recognizing low speed vehicles are allowed on roads unless otherwise prohibited;
providing for enforcement; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, second reading:
City Attorney Garganese read the title into the record. Public Hearing was opened. Rhonda
Breininger, property owner, discussed support for golf carts, including regulations for licensing
and insurance. Shannon Roberts, resident, advocated to have the traffic study completed before
adopting the Ordinance due to safety concerns. The Public Hearing was closed. Discussion ensued
and included desire for the study to be completed before adopting the Ordinance, difference
between low-speed vehicles versus golf carts, golf cart safety issues on N. Atlantic Avenue, and
pros and cons of enabling golf carts in the City. City Manager Morley explained the reasoning
behind adopting the enabling Ordinance before for the traffic study was based upon a general
concern around spending money before adoption. A motion was made by Mayor Pro Tem
Kellum, seconded by Mayor Morrison, to extend the meeting ten minutes. The motion
carried 4-1, with Council Member Raymond voting against. City Attorney Garganese discussed
the intent of adopting the Ordinance before the conducting a study. Discussion continued
regarding pros and cons of the Ordinance. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to adopt Ordinance No. 04-2022, at second reading. The
motion carried 3-2, with Council Members Davis and Raymond voting against.
10b. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. (KH)
in the amount of $28,500 for the completion of an engineering traffic study, and if needed,
authorize the City Manager to execute same: Discussion ensued and included reducing the scope
of the Study to, certain streets that connect with SR A1A should not be included in the Study
because golf carts and low-speed vehicles will not be able to cross SR A1A, and whether limiting
the scope to N. Atlantic Avenue and the Presidential Streets could reduce the price of the Study,
and adding other studies at a later time. A motion was made by Mayor Pro Tem Kellum,
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 8 of 9
seconded by Mayor Morrison, for a limited Study to include N. Atlantic Avenue and the
Presidential Streets area. Discussion ensued and included whether or not to limit the Study area,
City Manager Morley’s suggested limiting the study area to the western right-of-way of SR A1A
towards the ocean, no further South than Holman Road, and not including Thurm or West Central
Boulevards. Community and Economic Development Director Dickey suggested contacting
Kimley-Horn to help narrow the scope of the Study. City Manager Morley offered to bring back a
map of the intended Study area to the next meeting for Council approval. City Attorney Garganese
discussed his understanding Florida Statute and Kimley-Horn’s process must take into
consideration of the particularities of each road. Discussion continued regarding Mayor Pro Tem
Kellum restating her motion on the floor, including Central Boulevard and Center Street and
coordinating with FDOT on that criteria. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to give Staff direction to spend $28,000 or less for a smaller-
scope engineering traffic study. The motion carried 4-1, with Council Member Raymond
voting against.
A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to
extend the meeting fifteen minutes. The motion carried 4-1, with Council Member
Raymond voting against.
ITEMS FOR DISCUSSION:
20.Bringing reclaimed water to Oak Lane and the north west side of N. Atlantic. (Submitted
by Mayor Pro Tem Kellum): Mark James, resident of Oak Lane, discussed the possibility and
support for bringing reclaimed water to Oak Lane. City Manager Morley explained the limited
capacity of a recently identified 2-inch line for possible irrigation, the need for more information
about the engineering of the 2-inch line, and requested Council pause the discussion until an
answer can be provided regarding reclaimed service delivery lines to that area. Discussion ensued
and included a potential reduction of installation cost after having found the 2-inch pipe, Mr.
James favor for paving and installation regardless of the finding, and support to bring the Item
back to the Budget. Council reached consensus to bring back more information regarding the
engineering of reclaimed water to Oak Lane.
ITEM FOR ACTION:
16.Resolution No. 2022-15; providing for the division of vacant land owned by Mike and
Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central
Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-
21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing
for the repeal of prior inconsistent resolutions, severability, and an effective date: City Manager
Morley explained the Item and his recommendation to approve the Item based on compatibility.
Mike DiChristopher, property owner/applicant, discussed the plan to build two single-family
homes on the property. Patrick Campbell, resident, discussed opposition to the proposed
Resolution and explained why the property is not compatible for a lot split. Discussion ensued
and included the Notice of Hearing for September 20, 2022, delaying action until such time, and
whether the Item should be placed under Public Hearing instead of Item for Action. City Attorney
Garganese advised Council that placing the Item under Item for Action is not defective, but that
if the Notice of Hearing is wrong, then the Item will have to be re-noticed. Discussion ensued and
included whether both lots meet the criteria for R-1 zoning, taking into account additional
required criteria, and Ordinance No. 11-2021 regarding Lot Splits, which Council voted
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · August 16, 2022
Minutes · Page 9 of 9
unanimously to take no action on but now is coming back in a different form. A motion was
made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to postpone this
Item to the next City Council Regular Meeting. Discussion ensued as to whether the Item needs
to go back to the Planning and Zoning Board, and that Board’s Notice of Hearing was properly
advertised. The motion carried 5-0.
22.ProChamps Update: Mayor Pro Tem Kellum requested consensus from Council for
ProChamps to bring a year-end review/presentation to the next meeting. Council reached
consensus for ProChamps/Code Enforcement to provide a year-end review presentation at the
October 18, 2022, City Council Regular Meeting.
23.Specimen Tree Removal at Canaveral City Park Specimen Tree: City Manager Morley
requested action/consensus from Council, to either task Staff to make the decision or Council
could take a vote to make the decision on how to proceed in regard to the fate of the Specimen
Tree now causing a Splash Pad construction delay. Discussion ensued and included the desire to
prune and stabilize the Oak Tree, the upcoming Grand Opening of the Park, Council could either
vote to remove or not to remove the Tree, relying on the professionalism and expertise of the City
Arborist, safety and liability issues. Council reached consensus to remove the Tree. Discussion
ensued regarding bullying of Council Member Davis by Mayor Morrison in order to vote a certain
way and Mayor Morrison’s assurance that was not his intention. A motion was made by Council
Member Davis, seconded by Council Member Raymond, to remove the tree. The motion
carried 3-2, with Mayor Morrison and Mayor Pro Tem Kellum voting against.
REPORTS: None.
ADJOURNMENT: The Meeting was adjourned at 11:15 p.m.
________________________________
Wes Morrison, Mayor
________________________________
Mia Goforth, City Clerk
PLANNING & ZONING BOARD
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Wednesday
October 12, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board took place on October 12, 2022, at
City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called
the meeting to order at 6:02 pm. The Board Secretary called the roll.
ROLL CALL:
Members Present:
Lamar Russell Chairman
Nancy Gentilquore Board Member
Susan Denny Board Member
Steven Stroud Board Member
Michael Miller Board Member
Eugene Thorpe Board Member
Others Present:
David Dickey Director, Community & Economic Development
Zach Eichholz Deputy CED Director + Sustainability Manager
Lexi Miller Resilience Engineering Services Manager
Kyle Harris Senior Planner
Anthony Garganese City Attorney
Patti Roth Board Secretary
OLD BUSINESS
NEW BUSINESS
A.Board Matters:
Prior to the meeting Mr. Dickey explained to the Board that the terms of Chairman Russell and
Vice Chairman Price have expired and reappointment won’t be considered by the Council until
the November Council meeting. Mr. Dickey spoke to Mr. Garganese and both gentlemen can be
part of the discussions and can also vote.
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting · October 12, 2022
Minutes · Page 2 of 4
1.Approval of Meeting Minutes: August 3, 2022 – Motion to accept the minutes, made
by Board Member Stroud and seconded by Board Member Denny. Vote on the motion
carried unanimously.
B.Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
2.Presidential Streets Master Plan Update
Kyle Harris gave a presentation to the Board on the Presidential Streets Master Plan (Plan), to
include revisions suggested by the Board at its August 24, 2022 meeting. Kimley Horn improved
the quality of some of the images used in the Plan, making them easier to read. Also, language
on page 4, providing an overview of the Center Street Basin Study, was added. The Board had
requested the Plan expand on potential benefits presented by one-way streets as they relate to
storm water management. There is additional language and tables presenting opportunities and
challenges for both one-way streets and two-way streets. Changing a street to one-way will
change the traffic pattern throughout the neighborhood and should be done in conjunction
with the traffic study to determine traffic and mobility impact.
Assuming there are no comments, the next stage, will be to study the lay out and arrangement
of the presidential streets and identify potential one-way streets. This study will be called Phase
2, and will provide more detail on specific streets and providing recommendations. This study
would be initiated in FY 22-23 (contingent upon Council approval). From there, public input
would be gathered on study recommendations to include residents/owners on a affected street.
Staff informed the Board that the City was recently named recipients of a $50K Grant from the
(NSF) National Science Foundation. The NSF is an institute increased public Outreach concerning
storm water infrastructure and low impact development. Phase 2 of this grant, which hasn’t been
applied for yet, could be worth up to a million dollars and would be for infrastructure
construction. The Presidential Streets Project and the Phase 2 Grant would line up in a way that
the street design process would be starting around the same time that funding from the Grant
becomes available.
Discussion ensued. A motion was made by Board Member Miller and seconded by Board
Member Gentilquore to recommend to Council to consider and endorse the Presidential
Streets Master Plan. Vote on the motion carried unanimously.
3.Off-Street Parking.
Staff summarized the current situation regarding off street parking related to restaurants and
bars, to include the discussion held at the August 18, 2022 Council meeting.
Council passed (2) motions at this meeting, with the first one to place a stay on all code
enforcement actions dealing with the City’s parking regulations. The second motion was to refer
2
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting · October 12, 2022
Minutes · Page 3 of 4
this item back to the Planning & Zoning Board to address parking ratios for bars and
restaurants. Council is looking for recommendations on revising parking requirements. The Bord
was supportive of providing a recommendation to the Council; however, discussion included
having a third-party consultant review the City’s current parking requirements and provide
recommendations related to bars and restaurants.
Discussion ensued. A motion was made by Board Member Stroud and seconded by Board
Member Denny to recommend to Council to hire a consulting firm to investigate the City’s
bar and restaurant parking and provide recommendations. Vote on the motion carried
unanimously.
4.Open Discussion.
Zach Eichholz gave an update that effective October 1, 2022, the Community and Economic
Development Department, now includes a Resilience Division, headed by himself and is staffed
by Lexi Miller. Its primary goal is to streamline sustainability and resilience related endeavors
and to be an interdepartmental resource.
ADJOURNMENT: The meeting adjourned at 7:11 PM.
Approved on this ___________________________________ day of _________________________________, 2022
_____________________________________________________
Lamar Russell, Chairman
_____________________________________________________
Patti Roth, Board Secretary
3
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
December 20, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Raymond
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum
Mayor Wes Morrison
Council Member Angela Raymond
Council Member Don Willis
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Deputy City Clerk Daniel LeFever
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community and Economic Development Director Dave Dickey
Resilience Engineering Services Manager Lexi Miller
Executive Assistant to the City Manager/Office Manager Lisa Day
Parks and Recreation/Community Affairs Director Molly Thomas
Public Works Services Director June Clark
Brevard County Sheriff’s Office Lieutenant Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written.
The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Institute for Elected Municipal Officials (IEMO) II Certificate of Completion to
Council Member Don Willis: City Manager Morley read the Florida League of Cities University
letter aloud while Mayor Morrison presented the Certificate to Council Member Willis. Council
Member Willis thanked the City and expressed hope for all elected officials to avail themselves of
education.
PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · December 20, 2022
Minutes · Page 2 of 6
CONSENT AGENDA: Council Member Kellum removed Item 1.
1.Resolution No. 2022-28; supplementing the City Council Rules of Procedure to provide
methods to assist the City Council with conducting shorter and more efficient/effective
meetings; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
2.Approve proposal for construction of sidewalks and driveway aprons in the amount of
$95,293 with Garcia Civil Contractors.
A motion was made by Council Member Kellum, seconded by Council Member Willis, to
approve the Consent Agenda Item 2. The motion carried 5-0.
#1. Discussion ensued regarding desire for Council to be more open-minded to conducting
Special meetings when called for, concern over Council Members making up their minds after
having met one-on-one with the City Manager prior to Council Meetings, how Agenda items over
a certain threshold should not be put on the Consent Agenda and such items require more time
for discussion and public input, and desire to include a legal review section on Agenda Item
Summaries for certain types of Agenda items. City Attorney Garganese discussed how the
inclusion of the additional methods discussed may result in longer meetings, the guidelines for
how meetings are called is in the City Code and better suited to stay there. City Manager Morley
discussed the format used to create Agenda Items can always be changed. A motion was made
by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to approve Resolution
No. 2022-28. The motion carried 5-0.
ITEMS FOR ACTION:
3.Review, revise as needed, and move to adopt the updated Community Vision
Statement: City Manager Morley explained the Item, and Council may either adopt the updated
Statement or modify and approve it. Discussion ensued and included replacement of the word
“sustainable” with “resilience”, adopting the Statement now would result in updating the content
in all of the areas where it is currently printed and visible such as on the walls of City Hall, and
postponing the Item after further Council review. City Manager Morley suggested discussing the
Statement in Council one-on-one meetings. Parks and Recreation/Community Affairs Director
Thomas discussed examples of utilizing the Community Vision Statement in everything from day-
to-day communications to pitching programs for the department; how the Statement affects the
way things are presented in the City Budget, functions as a way to explain City-specific information
to outside stakeholders, used in promotion and becomes part of the City Brand. Discussion
continued regarding pros and cons of certain terms and phrases including “bikeable, walkable”
versus “multi-modal”, “small-town feel”, the desire to make the Statement sound more
“neighborly”, and how the purpose of the Statement is futuristic in nature. Council reached
consensus to bring the Draft Community Vision Statement back with revisions at a future
meeting.
4.Approve proposal from Odyssey Manufacturing Company in the amount of $100,430 to
replace the Public Works Services Facility Dechlorination System with a Sodium Bisulfite
System: City Manager Morley explained the Item. Public Works Director Clark confirmed the same
amount of Staff required for the system. Discussion ensued regarding this Item being an example
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · December 20, 2022
Minutes · Page 3 of 6
that could have been placed under Consent Agenda in reference to previous discussion regarding
Item 1. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member
Willis, to approve the proposal as written. The motion carried 5-0.
5. Accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for
a Phase II Study for one-way, street-specific recommendations: City Manager Morley explained
the Item. Community and Economic Development Deputy Director Eichholz discussed the
purpose and challenges of the proposed long range Plan to enhance the overall sustainability and
resilience of the City’s infrastructure. Senior Planner Kyle Harris introduced himself, acknowledged
the foundation of the proposed Plan created by former Senior Planner Surprenant, and further
discussed the intention of the proposed multi-generational Plan which will take the City into the
middle of this century. Kimley-Horn Vice-President Kelley Klepper and Senior Planner Colleen
McGue made a PowerPoint presentation of the Plan to Council and requested Council permission
to submit the Plan for an award Statewide. Council thanked the Kimley-Horn Team, Staff and
discussion ensued and included the importance of the Plan, aligning with the Community Vision,
working toward green infrastructure and low-impact development, support for and how Council
agreed to go forward with the Plan at the March 2022 Strategic Planning Retreat, results of the
survey and community outreach meetings, attendees at the outreach meeting expressed
preference for a one-way street design versus more mixed results from the survey, and concerns
of residents regarding first responders on one-way streets. Deputy Director Eichholz discussed
how considering a Phase II Study for one-way streets could be a powerful tool, and displays that
the City is performing its due diligence in terms of stormwater mitigation and reducing flooding.
City Manager Morley discussed how the action recommended to Council is an acknowledgement
with no costs at this point. A motion was made by Council Member Willis, seconded by Mayor
Pro Tem Raymond, to accept the Presidential Streets Master Plan and authorize Staff to
obtain a proposal for a Phase II Study for one-way, street-specific recommendations. The
motion carried 5-0.
Mayor recessed the meeting at 7:34 p.m. The meeting was reconvened at 7:46 p.m.
6. Consider Proposal from Kimley-Horn and Associates, Inc. in the amount of $10,000 for
the completion of an engineering parking analysis for bars and restaurants, and authorize the
City Manager to execute same: City Manager Morley explained the Item. Peg Schaller, resident
and business owner, discussed other cities lifting parking restrictions nationwide, suggested the
City need not spend money for an analysis, and cautioned against the idea of shared parking
with an adjacent business due to safety concerns. Discussion ensued and included the impact of
large parking spaces in regard to tax revenues, support for holding off on a parking study, the
need for sufficient parking, if the Planning and Zoning Board and Staff could provide the same
level of analysis without the consultant, the need to respect recommendations from advisory
boards, alternatives such as parking garages and small parking lots, and support for the parking
analysis. Kimley-Horn Vice-President Kelley Klepper discussed the long-standing relationship
between Kimley-Horn and the City and suggested a compromise to Council by providing the
City Staff with impartial, third-party peer-reviewed research and data gathered by Kimley-Horn
from similar, beach-side municipalities such as the Cities of Venice and Sebastian, and to help
facilitate/work with the City on its own parking analysis. City Manager Morley stated the Code
Enforcement stay on parking restrictions would continue as the City completes that analysis.
Discussion ensued and included analyzing zoning and classifications related to neighborhoods
versus areas along S.R. A1A, differences between businesses and other drinking establishments,
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · December 20, 2022
Minutes · Page 4 of 6
parking issues along North Atlantic Avenue, and competition between businesses. City Manager
Morley discussed the idea of purchasing properties adjacent to Ellie Mae’s Tiki Bar Restaurant
that could be CRA funded and include public safety improvements to alleviate parking problems
and suggested Staff could research and report back to Council about those opportunities and
findings. Discussion continued regarding Council options should the efforts of Staff and the
Planning and Zoning end up being unsuccessful, desire to study and discuss purchasing
procedures of public properties in January with the Council and City Attorney before pursuing
the opportunities for the sake of transparency and accountability. Council reached consensus to
take no action on the Agenda Item, to accept Kimley-Horn’s offer to share informal peer-
reviewed research data and provide assistance to the City in order for Staff and the Planning
and Zoning Board to come up with a regulatory change to address parking regulations in the
City, and to wait for Council direction in January for pursuing public properties adjacent to
Ellie Mae’s. Online attendee David Ziemlak, Fillmore Avenue, discussed support for removing
parking minimums and issues regarding the City’s public parking.
7. Consideration of a Development Order related to a Lot Split Application submitted by
Mike DiChristopher (Applicant) for the division of vacant land located at the eastern terminus
of E. Central Boulevard at Ridgewood Avenue (Tax Parcels #24-37-14-51-9-21.01 and 24-37-
14-51-9-21.02) into two (2) lots of record for development purposes: City Attorney Garganese
explained the Item and provided instruction to conduct the proceedings. Community and
Economic Development Department (CED) Director Dickey discussed the status of the Lot Split
Application since the last City Council Meeting of October 18, 2022, the Applicants’ submittal of
a supplemental lot split application which was withdrawn during the Planning and Zoning Board
Meeting of December 7, 2022, after which Staff continued analysis with the result and finding
located in the draft Development Order requested by Council and prepared by the City Attorney.
CED Director Dickey discussed Staff’s opinion for denial of the Applicant’s Lot Split Application.
City Attorney Garganese stated Council was provided with an advance copy of the draft
Development Order. Michael Allen, Allen Engineering Inc., was sworn in by the City Attorney,
confirmed he reviewed and agrees with the Order, and stated the Lot Split is not consistent with
City Code and therefore should be developed as a single lot. Applicants’ Attorney Kim Rezanka
representing Mr. and Mrs. DiChristopher requested the City Council reject the draft Order and
approve a variance, submitted/distributed document Packet into the record, discussed City Code
Chapter 98-4 – Variance and how the DiChristophers meet those requirements, therefore
suggesting a way to rectify the issues. Attorney Rezanka indicated to deny the request would be
unreasonable, unfair and would result in de-valuing the property. City Attorney Garganese
described the seventeen page, document submitted into the record by Attorney Rezanka on
behalf of Michael A. DiChristopher. Patrick Campbell, 307 Surf Drive, discussed history related
the Item, the City Code and expressed support for denying the Lot Split Application. City Attorney
Garganese advised Council regarding the history of the property related to actions taken by the
previous owner, the City Council in 1962 and 1984, City Code Chapter 98 Subdivisions regulates
the division of land locally, how Mr. DiChristopher is requesting that Lot 21 be divided in a
manner consistent with the two tax parcel identification numbers, explained how tax parcels are
created related to conveyance of land through the Brevard County Clerk of Courts’ ministerial
duty to record deeds under Chapter 28 f. s., how the Brevard County Clerk of Court does not
discern whether conveyances of property follow the City Subdivision regulations under the City
Council’s local jurisdiction; and advised how the Code’s Lot Split criteria are applicable to
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · December 20, 2022
Minutes · Page 5 of 6
determine whether or not the remainder of Mr. DiChristopher’s Lot 21 should be divided into
two developable lots. City Attorney Garganese further explained the draft Development Order
recognizes the western 25 feet of the subject property is still owned by Mr. Pindziak, and the
draft Order recognizes the remainder of Lot 21 for development purposes is consistent with the
R1 Zoning District if the Council were to deny this Application. Mr. Allen explained his reversal
of opinion to agree with denial of the Application for Lot Spit.
Mayor recessed the meeting at 9:16 p.m. The meeting was reconvened at 9:20 p.m.
Discussion ensued and included use of the Lot Split Application as the appropriate method to
divide the remainder of the property into a developable lot representing the two tax parcels. City
Attorney Garganese discussed the Applicant Counsel’s offered alternative of a Variancenot being
at issue, explained Setback requirements that apply to the Lot and not the tax parcel, and the
need to review whether building over parcel lines would require a Unity of Title or not. Discussion
continued regarding the purpose and function of the Development Order. Mr. DiChristopher
discussed his original intent to apply for a permit to build a home on each of the parcels, meeting
with Staff regarding his options, choosing the Lot Split Application as being the easiest route, and
the reason for withdrawing the Supplemental Lot Split Application from the Planning and Zoning
Board Meeting. A motion was made by Council Member Kellum, seconded by Council
Member Willis, to extend the meeting to 10:30 p.m. Council Member Willis proposed delaying
Agenda Items 8 and 10 until the next Council Meeting. The motion carried 5-0. A motion was
made by Council Member Willis, seconded by Council Member Kellum, to postpone
Discussion Items 8 and 10 to the next City Council Meeting. Parks and Recreation/Community
Affairs Director Thomas confirmed postponing Item 10 will not delay any project plan. The motion
carried 5-0. Discussion ensued and included the importance of following the City laws, ways to
make the property compliant with the City Code, City STOPPED HERE Zoning Map submitted into
the record by Attorney Rezanka is not being considered by the Council, the City does not maintain
parcels, how the City does not zone to the platting of properties through the Brevard County
Public Record
ITEMS FOR DISCUSSION:
8.Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem
Raymond): Mayor Pro Tem Raymond discussed_______________________.
9.Discuss Waste Pro Early Renewal Option and provide direction to City Manager:
10.Discuss the removal of the playground feature from Veterans Memorial Park
redevelopment plans and re-appropriate the feature for consideration as part of the Civic
Hub project. (Submitted by Council Member Kellum):
REPORTS:
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting · December 20, 2022
Minutes · Page 6 of 6
ADJOURNMENT: The Meeting was adjourned at 9:30 p.m.
________________________________
Wes Morrison, Mayor
________________________________
Mia Goforth, City Clerk
ϔƚŅĻǣźƭƷźƓŭhĭĭǒƦğƓĭǤ\[ƚğķ
bğƒĻ{źǩĻΛƭƨǒğƩĻŅĻĻƷΜƦĻƩ.wϔƚŅ{ĻğƷƭϔƚŅĻƒƦƌƚǤĻĻƭƭƦğĭĻƭΛƚƷğƌhĭĭǒƦğƓĭǤΜ
12(15total)
RestaurantA 5,550total198total17spaces202
1,800inside55inside80inside
3,750outside143outside122outside
4144seats1048spaces150
RestaurantB 3,51
5źŅŅĻƩĻƓĭĻ
.ĻƷǞĻĻƓ9ǣźƭƷźƓŭ5źŅŅĻƩĻƓĭĻ.ĻƷǞĻĻƓ
ΛЊЋƭƦğĭĻƭΜğƓķbǒƒĬĻƩ9ǣźƭƷźƓŭΛЍБƭƦğĭĻƭΜ
bǒƒĬĻƩ
wĻƨǒźƩĻķCƚƩƒǒƌğwĻƨǒźƩĻķğƓķwĻƨǒźƩĻķ
CƚƩƒǒƌğwĻƨǒźƩĻķ
WǒƩźƭķźĭƷźƚƓtğƩƉźƓŭwĻƨǒźƩĻƒĻƓƷ
RestaurantARestaurantB
CityofCapeCanaveral1spaceper3seats198seats/3 ЏЏ spaces54148seats/3 ЍБƭƦğĭĻƭ 0
1spaceper3seats;Canbereducedin
redevelopmentdistrictbasedonparking
CityofCocoaBeachplan.198seats/3 ЏЏ spaces54148seats/3 ЍБƭƦğĭĻƭ 0
1,800/34(inside)|
1spaceper35gfa,plus1spaceforeach25,550/35(inside+ЎЊ(inside)|ЊЎВ 39(inside)|147
BocaRaton,FLlinearfeetofbar hw parkingstudyoutside)(inside+outside)(inside+outside)3,514/35 ЊЉЉƭƦğĭĻƭ 52
1spaceper4seats,plus1foreachfour198seats/4=50+148seats/4=37+
employees.0.5spacesper4seatsand14|198/4=50*ЎЍ spaces|ЋВ 3|148seats/4=
Clermont,FLforeachfouremployeesinCBD0.5=25+4spacesinCBD42|17inCBD37*0.5=19+3 ЍЉЋЋњБ|њЋЏ inCBD
55seats/3=18|18inside+24
1spaceper3seats;openairseating143seats/3=48*outside=ЍЋ
Cocoa,FLcalculatedat50%0.5spacestotal30148seats/3 ЍБƭƦğĭĻƭ 0
1,800/100=18|18inside+11
1spaceper100gfa;3spacesper1,0003,750/1,000=3.75outside=ЋВ
Naples,FLoutdoorarea*3=11.25spacestotal173,514/100=35.14 ЌЎƭƦğĭĻƭњЊЌ
њЌ(insideonly)|
1,800/200=9|В(inside)/ЋБ 16(insideand
Aventura,FL1spaceper200gfa5,550/200=28(inside+outside)outside)3,514/200=17.57 ЊБƭƦğĭĻƭњЌЉ
Min.:5,550/1,000Minimum:ЌЌ Min.:3,514/1,000Minimum:ЋЊ
=5.55*6=33.3|spaces;=3.514*6=21|ƭƦğĭĻƭ|
Max.:5,550/1,000Maximum:ЎЏ Minimum:21|Max.:3,514/1,000Maximum:ЌЎ Minimum:њЋА|
Minimum:6spacesper1,000sf;
Venice,FLMaximum:10per1,000sf=5.55*10=55.5spacesMaximum:44=3.514*10=35.14 ƭƦğĭĻƭ Maximum:њЊЌ
1per4personsofmaximumoccupancy
PompanoBeach,FLcapacityofcustomerservicearea(s)202/4=50.5 ЎЊ spaces39150/4=37.5 ЌБњЊЉ