HomeMy WebLinkAboutcocc_council_mtg_packet_20231219CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
December 19, 2023
6:00 P.M.
Please email public comments before noon to: cityclerk@cityofcapecanaveral.org
For remote options, please visit: www.cityofcapecanaveral.org/city_meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
All Agenda Section times are estimates and subject to change.
PRESENTATIONS/INTERVIEWS 1 6:00 p.m. - 6:10 p.m.
Presentation of Proclamation, declaring January 14, 2024 as "114th Day" in the City of Cape Canaveral,
recognizing the service of the 114th Electromagnetic Warfare Squadron and the community stewardship of
its members' to the City of Cape Canaveral.
Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in
Financial Reporting Fiscal Year ending September 30, 2022.
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the
agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding
public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit
their comments to three (3) minutes. The City Council will not take any action under the "Public
Participation" section of the agenda. The Council may schedule items not on the agenda as regular items
and act upon them in the future.
CONSENT AGENDA 1 6:25 p.m. — 6:30 p.m.
1. Approve Minutes for the November 21, 2023 Regular Meeting.
2. Approve Acknowledgement Letter transferring the City of Cape Canaveral's Gas Franchise
Agreement with Pivotal Utility Holdings, Inc., from Florida Power & Light Company to Chesapeake
Utilities Corporation and authorize the Mayor to execute same.
PUBLIC HEARINGS 1 6:30 p.m. — 8:00 p.m.
3. Ordinance No. 10-2023; amending the City 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, severability,
incorporation into the Comprehensive Plan, an effective date and legal status of the Plan
amendments, second reading.
4. Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary District
Regulations, Division 2. — Offstreet Parking Related to Minimum Parking Requirements for
Restaurants, Bars, Clubs and Lodges; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, second reading.
5. Ordinance No. 01-2024; adopting a Small Scale Future Land Use Map Amendment by changing
the Future Land Use Map Designation of several parcels of property legally described as Lots 1
through 8, Ocean Court, according to the Plat thereof, as recorded in Plat Book 40, Page 17, of the
Public Records of Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667, 8668,
and 8671 Maple Court from C-1 Commercial to R-2 Residential; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading; and
City of Cape Canaveral, Florida
City Council Regular Meeting • December 19, 2023
Agenda • Page 2 of 4
Ordinance No. 02-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in
Plat Book 40, Page 17, of the Public Records of Brevard County, Florida and located at 8657, 8659,
8661, 8663, 8665, 8667, 8668, and 8671 Maple Court from the current City C-1 Low Density
Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning
District Designation; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability an effective date, first reading.
6. Ordinance No. 03-2024; adopting a Small Scale Future Land Use Map Amendment by changing
the Future Land Use Map Designation of several parcels of property legally described as Lots 1
through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book 38, Page 74, of the
Public Records of Brevard County, Florida and located at lot, 104, 106, 108, 110, 112, 114, 116, 118,
120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from C-1 Commercial to R-2
Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book
38, Page 74, of the Public Records of Brevard County, Florida and located at lot, 104 106, 108, 110,
112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
7. Ordinance No. 05-2024; adopting a Small Scale Future Land Use Map Amendment by changing
the Future Land Use Map Designation of several parcels of property legally described as the Oaks
Condominium Phases I, II, III and IV and located at 201 International Drive from C-1 Commercial
to R-3 Residential; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 06-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as the Oaks Condominium Phases I, II, III and IV and located at 201 International
Drive from the current City C-1 Low Density Commercial Zoning District Designation to the City
R-3 Medium Density Residential Zoning District Designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective
date, first reading.
8. Ordinance No. 07-2024; adopting a Small Scale Future Land Use Map Amendment by changing
the Future Land Use Map Designation of several contiguous parcels of property generally located
between Washington Avenue and Adams Avenue and west of Poinsetta Avenue which are legally
described as Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto recorded
at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida located at 103, 105, 107
and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5 located
on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams Avenue, and Lots
14A, 14B, 14C and 14D of the Breezeway Townhouses according to the Plat thereto recorded at
Plat Book 31, Page 59 of the Public Records of Brevard County, Florida located at 120, 122, 124
and 126 Adams Avenue from C-1 Commercial to R-2 Residential; providing the property subject
to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading; and
Ordinance No. 08-2024; adopting a Zoning Map Amendment of several contiguous parcels of
property generally located between Washington Avenue and Adams Avenue and west of Poinsetta
Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes according to
City of Cape Canaveral, Florida
City Council Regular Meeting • December 19, 2023
Agenda • Page 3 of 4
the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida
located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-1-4 and
24-37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128
Adams Avenue, and Lots 14A, 14B, 14C and 14D of the Breezeway Townhouses according to the
Plat thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard County, Florida
located at 120, 120, 122, 124 and 126 Adams Avenue from the current City C-1 Low Density
Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning
District Designation; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability an effective date, first reading.
9. Ordinance No. 09-2024; adopting a Small Scale Future Land Use Map amendment by changing
the Future Land Use Map Designation for several parcels of property legally described as Lots 1
and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26
of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson
Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase 11 according to the Plat thereof recorded at
Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118, 120
and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat
thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and
located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase 11 according to
the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida,
and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas
according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard
County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San
Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public
Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from C-1
Commercial to R-2 Residential; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, first reading; and
Ordinance No. 10-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as Lots 1 and 2 of Jefferson Villas Phase 11 according to the Plat thereof recorded at Plat
Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and
114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase 11 according to the Plat thereof
recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at
116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according
to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida
and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase 11 according
to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida,
and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according
to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida
and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III
according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard
County, Florida and located at 123, 125 and 127 Adams Avenue from the current City C-1 Low
Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning
District Designation; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability an effective date, first reading.
10. Ordinance No. 11-2024; adopting a Small Scale Future Land Use Map amendment by changing
the Future Land Use Map Designation for property legally described as the Canaveral Breakers
Annex Apartments, a condominium inclusive of all units and common area, as described in and
according to the Declaration of Condominium recorded in Official Records Book 1128, Page 181
to 202 inclusive, as amended, all of the Public Records of Brevard County, Florida and which is
located at 8522 N. Atlantic Avenue from C-1 Commercial to R-2 Residential; providing the property
subject to this Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the Comprehensive Plan and an effective date, first reading; and
City of Cape Canaveral, Florida
City Council Regular Meeting • December 19, 2023
Agenda • Page 4 of 4
Ordinance No. 12-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as the Canaveral Breakers Annex Apartments, a condominium inclusive of all units and
common area, as described in and according to the Declaration of Condominium recorded in Official
Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records of Brevard
County, Florida and which is located at 8522 N. Atlantic Avenue from the current City C-1 Low
Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning
District Designation; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability an effective date, first reading.
11. Ordinance No. 13-2024; adopting a Small Scale Future Land Use Map amendment by changing
the Future Land Use Map Designation for a portion of Lot 3, Block 9, Cape Canaveral Beach
Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records of Brevard
County, Florida, which is located at 102 E. Central Boulevard from C-1 Commercial to R-2
Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 14-2024; adopting a Zoning Map Amendment for a portion of Lot 3, Block 9, Cape
Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public
Records of Brevard County, Florida, which is located at 102 E. Central Boulevard from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
12. Ordinance No. 15-2024; adopting a Small Scale Future Land Use Map amendment by changing
the Future Land Use Map Designation for Lots 11, 12 and 13, Block 13, Avon by the Sea, according
to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard
County, Florida and located at 108, 112, 114 and 116 Madison Avenue from C-1 Commercial to
R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 16-2024; adopting a Zoning Map Amendment for Lots 11, 12 and 13, Block 13, Avon
by the Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public
Records of Brevard County, Florida and located at 108, 112, 114 and 116 Madison Avenue from the
current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium
Density Residential Zoning District Designation; providing the property subject to this Ordinance is
more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
REPORTS 18:00 p.m. — 8:15 p.m.
INFORMATIONAL I Item presented for informational purposes only; no action to be taken.
13. Monthly Financial Report — October 2023.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation, declaring January 14, 2024 as "114th Day" in the City of Cape
Canaveral, recognizing the service of the 114th Electromagnetic Warfare Squadron and the
community stewardship of its members' to the City of Cape Canaveral.
Department: Parks, Recreation + Community Affairs
Summary: The Air National Guard, founded on September 18, 1947 was established as a reserve
component of the United States Air Force (USAF) and provides almost half of the tactical airlift
support, combat communication functions, aeromedical evacuations and aerial fueling for the
USAF.
Originally conceived as the 114th Communications Squadron, a geographically separated Unit of
the Florida Air National Guard's 125th Fighter Wing, this Unit has been located at the Cape Canaveral
Space Force Station, Florida since it was Federally recognized on May 15, 1989. On January 14,
2023, this Unit was redesignated as the 114t" Electromagnetic Warfare Squadron (EWS).
The 114th EWS Unit received many commendations, during times of both war and peace, and has
been recognized as providing a necessary and reliable service to the United States of America and
the State of Florida. Many of the members from this unit and their families reside in the City of
Cape Canaveral, participating in many of our City sponsored events and programs.
On September 29, 2023, the 114th EWS hosted a facility tour for the members of City Council, as
well as representatives from local veteran organizations, the Veterans of Foreign Wars Post #10131
and the American Legion Post #359. During the visit, the Unit provided an overview of it's history,
responsibilities, and the many ways they serve and protect our Nation.
Lieutenant Colonel Scott McGuire, Commander of the United States Air Force's 114th Space Control
Squadron, is scheduled to be in attendance to will receive this Proclamation.
Submitting Director: Molly Thomas
Attachment:
Electromagnetic Warfare Squadron 114th Day Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present Proclamation.
Approved by City Manager: Todd Morley
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, the Air National Guard, founded on September 18, 1947 and was
established as a reserve component of the United States Air Force and provides almost
half of the Air Force's tactical airlift support, combat communication functions,
aeromedical evacuations and aerial fueling; and
WHEREAS, the United States Air Force's 114th Space Control Squadron, a
geographically separated unit of the Florida Air National Guard's 125th Fighter Wing
located at Cape Canaveral Space Force Station, Florida, was redesignated as the 114th
Electromagnetic Warfare Squadron on January 14, 2023; and
WHEREAS, the 114th unit has received many commendations during times of both
war and peace and has been recognized as providing a necessary and reliable service to
the United States of America and the State of Florida; and
WHEREAS, the 114th Electromagnetic Warfare Squadron personnel have made
their homes in our City and surrounding area and participate in many of our City
sponsored events and activities, such as Friday Fest.
WHEREAS, the 114th Electromagnetic Warfare Squadron hosted the City of Cape
Canaveral Mayor, seated members of City Council, several City employees as well as
representatives of the local veteran's groups, Veterans of Foreign Wars and the American
Legion) to their base of operation. During the visit, the unit provided an overview of their
work and how it relates to the safety and well-being of all Americans as well as the
residents of our City, County and State.
NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard
County, Florida, hereby do proclaim January 14, 2024, as
ELECTROMAGNETIC WARFARE
SQUADRON 114th DAY
Signed and Sealed this _ Day of _, _
_ Mayor
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation to the Financial Services Department of the Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2022.
Department: Leg islative
Summary: The Government Finance Officers Association (GFOA) has recognized the Financial
Services Department for excellence in Financial Reporting by awarding "The Certificate of
Achievement for Excellence in Financial Reporting" for its Annual Comprehensive Financial Report
(ACFR). The Certificate of Achievement is the highest form of recognition in the area of
governmental accounting and financial reporting, and its attainment represents a significant
accomplishment by a government and its management.
The City ACFR is a complete set of financial statements issued by a government entity in accordance
with the requirements of the Governmental Accounting Standards Board. This report is comprised
of the introductory, financial, and statistical sections. The ACFR describes what was spent by the
reporting entity during the past year, as well as the ending state of its assets and liabilities. The
report is a summarization of all of the annual reports of the entity's agencies. The report is issued
by state, municipal, and other government entities. The ACFR was judged by an impartial panel to
meet the highest standards of the program including demonstrating a constructive "spirit of full
disclosure" to clearly communicate its financial story and motivate potential users and user groups
to read the ACFR. The GFOA is a nonprofit professional association serving approximately 17,500
government finance professionals.
This is the 28th consecutive year that the City of Cape Canaveral's Financial Services Department
has received this prestigious award for excellence in financial reporting. The award exemplifies the
dedication, knowledge and professionalism of the Financial Services Department Staff.
Submitting Council Member: Mayor Wes Morrison
Attachment: GFOA News Release.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Recognize the Financial Services Department with the Certificate of Achievement for Excellence in
Financial Reporting.
Approved by City Manager: Todd Morley
GFOA
GOVERNMENT FINANCE OFFICERS ASSOCIATION
NEWS RELEASE
FOR IMMEDIATE RELEASE
11/7/2023
For more information contact:
Michele Mark Levine, Director/TSC
Phone: (312) 977-9700
Fax: (312) 977-4806
Email: mlevineggfoa.org
(Chicago, Illinois) —Government Finance Officers Association of the United States and Canada (GFOA) has
awarded the Certificate of Achievement for Excellence in Financial Reporting to City of Cape Canaveral for
its annual comprehensive financial report for the fiscal year ended September 30, 2022. The report has been
judged by an impartial panel to meet the high standards of the program, which includes demonstrating a
constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and
user groups to read the report.
The Certificate of Achievement is -the highest forin of recognition in the area of governmental accounting and
financial reporting, and its attainment represents a significant accomplishment by a government and its
management.
Government Finance Officers Association (GFOA) advances excellence in government finance by providing best
practices, professional development, resources, and practical research for more than 21,000 members and the
communities they serve.
203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOI5 60601-1210
GFOA
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Cape Canaveral
Florida
For its Annual Comprehensive
Financial Report
For the Fiscal Year Ended
September 30, 2022
Executive Director/CEO
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
November 21, 2023
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Raymond
led the Pledge of Allegiance.
ROLL CALL — OUTGOING COUNCIL:
Council Members Present:
Council Member
Council Member
Mayor
Mayor Pro Tem
Council Member
Kim Davis
Mickie Kellum (via webinar)
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Capital Projects Deputy Director
Community + Economic Development (C+ED) Dir.
Parks and Recreation + Community Affairs Dir.
Public Works Services Director
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Tim Carlisle
Dave Dickey
Molly Thomas
June Clark
Lisa Day
Byron Keck
Scott Molyneaux
PRESENTATION TO MAYOR PRO TEM ANGELA RAYMOND: Mayor Morrison and Council
Members each expressed thanks in honor of Mayor Pro Tem Raymond's service on Council
including Mayor Morrison's poem to Ms. Raymond. Mayor Morrison presented a gift from the
City to Ms. Raymond. Ms. Raymond thanked the City Council, Staff and the community, discussed
her time on Council including implementation of the City's Poet Laureate Program, and read her
poems to City Manager Morley and Staff.
COUNCIL MEMBERS OATH OF OFFICE: City Attorney Garganese administered the Oaths of
Office to Kay Jackson and Don Willis, each made statements, and gave thanks after being seated
at the dais.
ROLL CALL — NEW COUNCIL:
Council Members Present:
Council Member
Council Member
Council Member
Kim Davis
Kay Jackson
Mickie Kellum (via webinar)
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 21, 2023
Minutes • Page 2 of 5
Mayor Wes Morrison
Council Member Don Willis
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council discussed and
reached consensus to move Item No. 9 prior to the Consent Agenda.
ELECTION OF THE MAYOR PRO TEM: Council discussed and reached consensus to elect a
Mayor Pro Tem via nomination and ballot. Mayor Morrison nominated Council Member Kellum,
who stated she would be honored to serve. Council Member Davis nominated Council Member
Willis. City Manager Morley distributed ballots to Council. City Attorney Garganese gathered the
ballots, and announced the results of three votes out of five for Ms. Kellum. A motion was made
by Council Member Jackson, seconded by Mayor Morrison, to appoint Council Member
Kellum as the Mayor Pro Tem. The motion carried 5-0.
PUBLIC PARTICIPATION: Ray Zawacki, resident, discussed concerns regarding construction
activity adjacent to Portside Villas, and requested the Council investigate the nuisance, and report
back to that community's board. Community and Economic Development Director Dickey
discussed the City's awareness of the issue which will be a topic for Council to consider at a future
meeting.
Tamara Muhbach, resident and property owner, discussed concerns regarding hate speech at
City Council Meetings and requested the Council address related policies and procedures
regarding prevention of the behavior.
Shannon Roberts, resident and property owner, expressed appreciation for the City's support of
the Candidates Forum hosted by the League of Women Voters of the Space Coast, and discussed
plans for the same in 2024.
PUBLIC HEARING:
9. Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary
District Regulations, Division 2.—Offstreet Parking Related to Minimum Parking Requirements
for Restaurants and Bars; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading: City
Attorney Garganese read the title into the record and explained the Item. Discussion ensued and
included amending the Ordinance to include lodges and clubs such as the American Legion and
the Veterans of Foreign Wars. The Public Hearing was opened. The following City residents,
property and business owners, and others discussed or waved their hands in support of the
Ordinance: Andrea Paz Guiton, Susan Denny, Patricia Lowery, Derek Bernard, William Davidson,
Janet Bernard, Celeste Anderson, Elisa Rodriguez, Beth Elliott, Mark Elliott, Wayne Fried, Geoff
Bramlett, Peg S. Schaller, Tamara Muhlbach, Vicky Fried, Dion Reimer, Judith McCarthy, David
McCarthy, Connie Reimer, Marianne Pluchino, Eric Pluchino, Amy Moreau, Ryan Moreau, Sanford
Berg, Carol Berg, Joan Giles, Lee Vicidomini, Daniel Sharpe, and Chris Meredith. The Public
Hearing was closed.
Mayor Morrison recessed the meeting at 7:07 p.m. The meeting reconvened at 7:23 p.m.
Discussion ensued and included support for the action, the potential opportunities to improve
stormwater if the measure passes, the challenges of Ellie Mae's opening during the COVID-19
Pandemic, the difference between clubs and lodges, and whether or not to take the Item back
to the Planning and Zoning Board for review. City Attorney Garganese advised that Council may
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 21, 2023
Minutes • Page 3 of 5
add clubs and lodges to the draft Ordinance without sending it back the Planning and Zoning
Board, and discussed how the draft Ordinance title is very specific once its advertised. Discussion
continued including amending the draft Ordinance title, and desire to not delay a second reading
in December. Council reached consensus to amend draft Ordinance No. 12-2023, and to strike
later if needed. City Attorney Garganese reviewed the proposed amendments to the draft
Ordinance to add "clubs and lodges" to line 7, page 1; strike "clubs, lodges" on line 38, page 2;
add "clubs and lodges" on line 39, page 2; and beginning on page 3, line 5 to include the
conforming amendment "clubs and lodges" along with restaurants and bars. A motion was
made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to approve
Ordinance No. 12-2023, as amended, on first reading. Discussion ensued and included the
amendments allow flexibility should Council need it, The motion carried 5-0.
CONSENT AGENDA:
1. Approve the Minutes for the October 17, 2023 Regular Meeting and the October 24, 2023
Workshop Meeting.
2. Reappoint Resilience Engineering Services Manager Alexis Miller as the City's
Representative on the Space Coast Transportation Planning Organization (SCTPO)
Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches
Coalition Alternate on the SCTPO Citizens' Advisory Committee.
3. Approve the proposed 2024 City Council Regular and Budget Meeting Schedule.
4. Approve quote from Tetra Tech in the amount of $96,078 for the completion of the
Stormwater Management Infrastructure Mapping Project and authorize the City Manager
to execute the same.
5. Approve quote from Angco Striping, Inc. in the amount of $59,138 for the striping of traffic
and bike lanes on multiple roads/pedways and authorize the City Manager to execute the
same.
6. Approve quote from WAPRO USA in the amount of $76,431.00 for the purchase of a
WASTOP Backflow Prevention Valve to be installed as part of the Center Street Drainage
Improvement Project and authorize the City Manager to execute the same.
7. Approve Agenda Item policy recommendation regarding the Unfinished Business of City
Council Discussion Items.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARINGS:
8. Ordinance No. 11-2023; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023;
providing for an effective date, second reading: City Attorney Garganese read the title into the
record. The Public Hearing was opened. There being no comment, the Public Hearing was closed.
Discussion continued. A motion was made by Council Member Willis, seconded by Council
Member Davis, to adopt Ordinance No. 11-2023, on second reading. The motion carried 5-0.
ITEMS FOR ACTION:
10. Appoint a Council Member as the 2024 Alternate Delegate to the Space Coast
Transportation Planning Organization Governing Board, representing the North Beaches
Coalition: City Manager Morley discussed Council Member Willis' wish to continue to serving on
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 21, 2023
Minutes • Page 4 of 5
behalf of the City if the Council so desires, and Council Member Willis confirmed the same. A
motion was made by Council Member Jackson, seconded by Council Member Davis, to
appoint Council Member Willis as the Alternate Delegate to the Space Coast
Transportation Planning Organization Governing Board. Discussion ensued regarding
support for Council Member Willis to continue representing the City. The motion carried 5-0.
11. Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of
Cities: Mayor Morrison explained the Item. Discussion ensued and included Council Member Willis
and Mayor Pro Tem Kellum nominations of Council Member Davis for Voting Delegate. Council
Member Davis accepted, thanked Council for the nomination, and nominated Council Member
Willis to serve as the Alternate. Council Member Willis accepted the role of Alternate Voting
Delegate. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Davis, to appoint Council Member Davis as the Voting Delegate, and Council Member Willis
as Alternate Voting Delegate, to the Space Coast League of Cities. The motion carried 5-0.
12. Approve proposal from Centroid Diversified LLC, in an amount of $588,818.05 for
construction of the Center Street Drainage Improvements and authorize the City Manager to
execute Construction Agreement for same: City Manager Morley explained the Item, including
the amount of preparations to be done before materials are due to be delivered in April 2024.
Discussion ensued and included importance of this citizen -supported issue, funding through the
Florida Department of Environmental Protection (FDEP) and American Rescue Plan Act for which
the City may bill FDEP for along the way, and the schedule to complete the Project before June 1
2024. A motion was made by Council Member Willis, seconded by Council Member Davis,
to approve the Item. The motion carried 5-0.
13. Approve proposal from Centroid Diversified LLC, in an amount of $402,311.00 for
construction of the Veterans Memorial Park Enhanced Bio-swale and authorize the City
Manager to execute Construction Agreement for same: City Manger Morley explained the Item
including funding through the National Science Foundation Grant Program. Discussion ensued
and included support for the Item, citizen input, the positive impact the Project will have on the
community, and working with Stetson University in testing phases of water and plant life for a
nationwide case study. A motion was made by Council Member Willis, seconded by Council
Member Davis, to approve the Item. The motion carried 5-0.
REPORTS:
Mayor Pro Tem Kellum extended a Happy Thanksgiving to Staff and Council.
Council Member Willis discussed Coffee with the Cop scheduled for December 4, 2023 at Manatee
Sanctuary Park from 9:00 a.m. - 10:00 a.m., and the Brevard County Sheriff's Office Fraud, Scams
and Identity Theft Presentation + Community Food Drive scheduled for December 7, 2023 at the
Cape Canaveral Community Center from 6:00 p.m. — 8:00 p.m.
Council Member Jackson discussed appreciation to City Manager Morley and Staff for taking the
time to meet with and assist her, and looking forward to serving on the City Council.
Mayor Morrison congratulated the new City Council, thanked City Staff, and encouraged
participation in the many upcoming City events including Giving Tree Program beginning
November 27, 2023, running through December 15, 2023 at 5:00 p.m.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 21, 2023
Minutes • Page 5 of 5
City Manager Morley announced the Coffee with the City Manager is re -scheduled for 10:00 a.m.
on Friday, December 8, 2023 at Manatee Sanctuary Park and will cover both November and
December Council Meetings, and resume again in January 2024.
Administrative/Financial Services Director DeLeo announced the City's annual audit will take place
the following week.
ADJOURNMENT: The Meeting was adjourned at 8:21 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Approve Acknowledgement Letter transferring the City of Cape Canaveral's Gas Franchise
Agreement with Pivotal Utility Holdings, Inc., from Florida Power & Light Company to Chesapeake
Utilities Corporation and authorize the Mayor to execute same.
Department: City Manager's Office
Summary:
Pivotal Utility Holdings, Inc. (Franchisee) is an authorized Franchisee of the City of Cape Canaveral.
The company provides and maintains gas utility services in accordance with a Gas Franchise
Agreement, dated February 18, 1997, by and between the City of Cape Canaveral and Pivotal Utility
Holdings, Inc. (f/k/a NUI Corporation) (Attachment 1).
In 2018, City Council approved a Transfer of Franchisee ownership to 700 Universe, LLC, a special
purpose corporation created for the transaction which is owned directly by NextEra Energy, Inc.
(NextEra), its publicly traded parent company (NYSE: NEE). (Attachment 2). It appears that,
subsequent to the transaction, the Franchise was assigned to Florida Power & Light Co. (FPL),
another subsidiary of NextEra.
Recently, FPL agreed to a Stock Purchase Agreement to sell ownership and control of the Franchise,
subject to an upcoming closing, to Chesapeake Utilities Corporation, which is not a subsidiary of
NextEra. Like the previous transfer, this sale constitutes a Transfer under Section 8.1 of the Gas
Franchise Agreement, which requires City acknowledgement.
FPL has provided an appropriate Acknowledgement Letter (Attachment 3), suitable for City
Council's approval.
Background: The City Manager's Office was contacted by Michele Murrell, FPL External Affairs
Manager, in mid -November 2023. Ms. Murrell advised that FPL had agreed to the Stock Purchase
Agreement to sell ownership and control of the Franchisee to another entity, Chesapeake Utilities
Corporation, a New York Stock Exchange listed corporation ("CPK"). Based on information provided
by CPK, CPK was formed in 1947 and has operated in Florida since 1985. CPK significantly expanded
its Florida business through its acquisition of Florida Public Utilities Company ("FPU"), its wholly
owned subsidiary, in 2009. CPK and FPU have continued to grow their Florida operations since that
time. As reported in its Annual Report on Form 10-K filed with the U.S. Securities and Exchange
Commission, CPK is engaged in the distribution of natural gas, electricity and propane, the
transmission of natural gas, the generation of electricity and steam, and in providing related services
to its customers. CPK has made and continues to make significant investments in sustainable energy
initiatives. CPK's website states that its mission is to deliver energy that makes life better for the
people and communities they serve. CPK has a culture of safety excellence and has received
numerous safety performance awards. CPK's most recent sustainability report published on its
website highlights its award -winning corporate governance practices and culture that promotes the
highest ethical standards, including being recognized as the Best in Corporate Governance in the
United States in 2022, and the Best Corporate Governance Among North American Utilities in 2021.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 2_
Page 2 of 2
With over 1,000 employees and 310,000 distribution customers, CPK's capital investment over the
last ten years has been approximately $1.8 billion.
The City Attorney has been informed by the buyer's counsel that CPK will directly own and operate
the Franchisee as a wholly owned subsidiary following the closing.
Submitted by: Todd Morley
Attachments:
1 — 1997 Gas Franchise Agreement, by and between the City of Cape Canaveral and Pivotal Utility
Holdings, Inc. (f/k/a NUI Corporation)
2 - 2018 Approval of Transfer to 700 Universe
3 — 2023 Transfer to Chesapeake
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Approve Acknowledgement Letter transferring the City of Cape Canaveral's Gas Franchise
Agreement with Pivotal Utility Holdings, Inc., from Florida Power & Light Company to Chesapeake
Utilities Corporation and authorize the Mayor to execute same.
Approved by City Manager: Todd Morley
Attachment 1
GAS FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into as of this 18th day of February, 1997, by
and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City"),
and NUI CORPORATION, a New Jersey Corporation, d/b/a City Gas Company of Florida
("Company").
RECITALS:
WHEREAS, the City is authorized to grant one or more non-exclusive, franchises to
construct, reconstruct, operate, and maintain a natural gas system within the City; and
WHEREAS, the City of Cape Canaveral fords it in the public interest to make available
within its corporate limits high -quality and reliable natural gas service; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to retain regulatory
authority over the provision of natural gas service, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with the provision of this
service; and
WHEREAS, the City of Cape Canaveral fords it in the public interest to retain control
over the use of public rights -of -way by providers of natural gas to prohibit interference with the
public convenience, to promote aesthetic considerations, to promote planned and efficient use of
limited right-of-way space, and to protect the public investment of right-of-way property; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to ensure that high
quality natural gas service is maintained through a responsive customer service procedure; and
WHEREAS, the City Council of the City of Cape Canaveral finds that the granting of a
non-exclusive natural gas franchise is the best means of assuring that the above described interests
of the City of Cape Canaveral are promoted and maintained; and
WHEREAS, the City, after public hearings and due evaluation, has determined that it is
in the best interests of the public health, safety and welfare of the City and its residents to approve
this Gas Franchise Agreement with the Company.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
I. RECITALS.
1.1 Recitals Incorporated. Each and all of the foregoing recitals are hereby
incorporated herein and acknowledged to be true and correct. Failure of any of the foregoing
recitals to be true and correct shall not operate to invalidate this Agreement.
II. SHORT TITLE.
2.1 This Agreement shall be known and may be cited as "Cape Canaveral
Natural Gas Franchise".
III. PURPOSE AND GOALS.
3.1 Purpose.
The City finds that the development of a natural gas distribution system has
the potential of having great benefit and impact upon the people of the City. The City further
finds that the public convenience, safety and general welfare can best be served by exercising
regulatory powers which are vested in the City or such persons as the City shall designate. It is
the intent of this Agreement and subsequent amendments thereto to provide for and specify the
means to attain the best possible public interest and public purpose in the distribution of natural
gas within the boundaries of the City, and this finding shall be an integral part of this Agreement.
Further, the City recognizes that natural gas has, as a fuel source, the
capability of providing abundant clean-buming and efficient energy to the City's residents and
commercial businesses.
3.2 Goals.
For these purposes, the following goals underlie the regulations and
provisions contained herein:
(a) Natural gas should be made available to all City residents and
commercial businesses in accordance with the City Gas Company of Florida Natural Gas tariff
original volume no. 4 as filed with the Public Service Commission and any amendments,
modifications, or revisions thereto.
(b) The natural gas distribution system should be capable of
accommodating both the current and reasonably foreseeable future energy needs of the City.
(c) The natural gas distribution system should be improved and
upgraded, if necessary, during the franchise term so that the new facilities necessary for the
operation of this system shall be integrated to the maximum extent possible with existing facilities.
3.3 Marketing Strategy. Within six (6) months of the effective date in
paragraph 6.1 herein, the Company shall prepare, and provide to the City, a marketing program
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for expanding natural gas service to residential and commercial customers within the Franchise
Area. Thereafter, the Company shall prepare and provide to the City a new or updated marketing
program every seven (7) years. The Company shall implement the marketing program as
diligently as is economically feasible.
IV. DEFINITIONS.
For the purpose of this Agreement, the following terms and words shall have the
meaning ascribed to them, unless the context clearly indicates otherwise:
4.1 "Agreement" or "Franchise" shall mean this Franchise Agreement, as
amended from time to time, which shall constitute authorization, voluntarily entered into by the
Company and granted by the City, for the purpose of providing the Company authorization to
construct or operate a Natural Gas Distribution System in the Franchise Area. Any such
authorization, in whatever form granted, shall not mean or include any license or permit required
for the privilege of transacting and carrying on a business within the City as required by any City
ordinance or resolution.
4.2 "City" means the City of Cape Canaveral, a Florida Municipal Corporation,
its successors and assigns.
4.3 "Company" means NUI Corporation, a New Jersey Corporation, d/b/a City
Gas Company of Florida, its successors and assigns.
4.4 "Franchise Areas" means all of the territory within the incorporated City,
and such additional territory as may be from time to time annexed into the City.
4.5 "Gross Annual Revenue" means all receipts derived by the Company
directly from the transport and sale of natural gas in the Franchise Area.
4.6 "Natural Gas" means natural gas in a gaseous state.
4.7 "Natural Gas Distribution System" shall mean the transmission pipelines
or any related equipment, facility, or building necessary or desirable to the transportation or
delivery of natural gas, or its treatment or storage during the course of transportation or delivery,
under the control of the Company, for the transmission, distribution or sale of Natural Gas
pursuant to this Agreement, or any part thereof.
4.8 "Public Right -of -Way" means the surface, the air space above the surface,
and the area below the surface of any public street, sidewalk, bridge, waterway, utility easement,
or other public property, which shall entitle the City and the Company to the use thereof for the
purpose of installing and maintaining the Company's Natural Gas Distribution System. No
reference herein, or in any Franchise, to the "Public Right -of -Way" shall be deemed to be a
3
representation or guarantee by the City that its title to any property is sufficient to permit its use
for such purpose, and the Company shall, by its use of such terms, be deemed to gain only such
rights to use property in the City as the City may have the undisputed right and power to give.
4.9 "Transfer" means the disposal by the Company, directly or indirectly, by
gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or
more at one time of the ownership or controlling interest in the Company, or thirty-five percent
(35%) cumulatively over the term of the Franchise of such interests to a corporation, partnership,
limited partnership, trust or association, or person or group of persons acting in concert or a
change in control. Transfer shall not include any transfer or assignment to a person controlling,
controlled by, or under the same common control as the Company.
V. GRANT OF FRANCHISE.
5.1 Grant of Franchise. The Company is hereby granted a Natural Gas
Franchise, subject to the terms and conditions of this Agreement. Pursuant to this Franchise, the
Company may construct, operate, and maintain a Natural Gas Distribution System in, under, over,
along, across or upon the Public Rights -of -Way within the City for the purpose of transmission,
distribution and sale of Natural Gas for commercial, industrial, and residential use.
In exercising rights pursuant hereto, the Company shall not endanger or
interfere with the lives of persons, interfere with any structures, buildings, or facilities of the City,
any public utility, or any other person permitted to use the Public Rights -of -Way, nor
unnecessarily hinder or obstruct the free use of the Public Rights -of -Way. The grant of this
Franchise does not establish priority for use over other present or future permit, license, or utility
franchise holders or the City's own use of the Public Rights -of -Way.
All rights granted for the construction, reconstruction, maintenance, and
operation of the Natural Gas Distribution System shall be subject to the continuing right of the
City to approve such reconstruction or relocation of the Natural Gas Distribution System in the
Public Rights -of -Way as shall, at the discretion of the City, be in the public interest.
5.2 Franchise Not Exclusive. The grant of this Franchise shall be
non-exclusive and shall not affect the right of the City to grant to itself or any other person the
right to: build, operate, or own a Natural Gas Distribution System; occupy or use the Public
Rights -of -Way for the construction, reconstruction, maintenance, and operation of a Natural Gas
Distribution System or for any purpose whatsoever. No privilege or power of eminent domain
is bestowed on the Company by the grant of this Franchise, but this Franchise shall not be
construed to limit the Company's power of eminent domain under state law.
5.3 Event of Conflict. In the event of conflict between the terms and
conditions of the City Code and this Agreement, this Agreement shall control. In all events, the
Company shall comply with all laws, ordinances and regulations enacted by the City pursuant to
4
its lawful police and regulatory powers as authorized by law. This Franchise is hereby made
subject to the general City code provisions now in effect and hereafter made effective. Nothing
in the Franchise shall be deemed to waive the requirements of the various codes of the City
regarding permits, taxes, and fees to be paid.
VI. EFFECTIVE DATE OF FRANCHISE; TERM.
6.1 Effective Date. The effective date of this Franchise shall be February 18,
1997.
6.2 Term. The term of this Franchise shall be for a period of thirty (30) years
from the effective date unless sooner terminated as provided for in this Agreement. The Franchise
shall terminate on February 18, 2027.
VII. FRANCHISE OPERATION.
7.1 Use of Public Rights -of -Way. For the purpose of operating and
maintaining a Natural Gas Distribution System in the Franchise Area, the Company may erect,
install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and
along the public streets and ways within the Franchise Area such pipes, appurtenances, or related
attachments or equipment and other property and equipment as are necessary to the operation of
the Natural Gas Distribution System; provided, however, that the Company complies with all
design, construction, safety, and performance provisions contained in this Agreement, applicable
local ordinances, and state and federal law.
7.2 Right of Condemnation Reserved. Nothing herein shall limit any right
the City may have to acquire by eminent domain or otherwise any property of the Company;
provided, however, that any such acquisition shall be for a price that values the Company's
property as allowed by law.
7.3 City's Right to Perform Public Works. Nothing in this Agreement shall
be in hindrance to the right of the City or any governmental authority to perform or carry on,
directly or indirectly, any public works or public improvements of any description. Should the
Natural Gas Distribution System in any way interfere with the construction, maintenance or repair
of such public works or public improvements, the Company shall, at its own cost and expense,
protect or relocate its Natural Gas Distribution System, or part thereof, as reasonably directed by
the City officials or any governmental authority.
7.4 Emergency Response. The Company shall respond promptly in the case
of fire, emergency, or disaster in the City. The Company shall be responsible to take all prudent
actions necessary to mitigate any hazardous impact its Natural Gas Distribution System could
contribute to any fire, emergency, or disaster at it's own expense.
5
7.5 Removal or Abandonment. If the Company elects to remove any
portion of the Natural Gas Distribution System, the Company shall restore, in accordance with
the directions and specifications of all affected departments and agencies of the City and all
applicable law, any property, public or private, to its original condition prior to the removal of
the Natural Gas Distribution System.
7.6 Time Is of the Essence. Whenever this Agreement shall set forth any time
for any act to be performed by or on behalf of the Company, such time shall be deemed to be of
the essence, and any failure of the Company to perform within the time allotted shall be sufficient
ground for the City to invoke any applicable provision of the City Code or this Agreement.
7.7 No Waiver of Rights. No course of dealing between the Company and the
City nor any delay on the part of the City in exercising any rights hereunder shall operate as a
waiver of any such rights of the City or acquiescence in the actions of the Company in
contravention of the City's rights, except to the extent expressly waived by the City in writing or
expressly provided for in the Franchise.
VIII. TRANSFER OF OWNERSHIP OR CONTROL.
8.1 Transfer of Franchise. This Franchise shall not be sold, Transferred,
leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger,
consolidation, receivership or other means without the prior written consent of the City, and then
only under such reasonable conditions as the City may establish which may include but not be
limited to financial guarantees to the Natural Gas Distribution System.
8.2 Transfer Threshold. The Company shall promptly notify the City of any
actual or proposed change in, or Transfer of, or acquisition by any other party of, control of the
Company.
8.3 City Approval. Every change, Transfer, or acquisition of control of the
Company shall make the Franchise subject to cancellation unless and until the City shall have
consented thereto in writing. For the purpose of determining whether it may consent to such
change, Transfer, or acquisition of control, the City may inquire into the legal, financial,
character, technical, and other public interest qualifications of the prospective Transferee or
controlling party, or the terms and conditions of the proposed change, transfer, or acquisition of
control, and the Company shall assist the City in obtaining all required information. Failure to
provide all reasonable information requested by the City as part of said inquiry shall be grounds
for denial of the proposed change, Transfer or acquisition of control.
8.4 Signatory Requirement. Any approval by the City of Transfer of
ownership shall be contingent upon the prospective assignee becoming a signatory to the
Franchise.
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IX. FRANCHISE FEES.
9.1 The Company shall pay to the City a Franchise Fee of six percent (6%) of
the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Company on
behalf of any governmental agency.
9.2 Franchise Fees in Addition to Other Taxes or Payments. Payment of the
Franchise Fee made by the Company to the City shall not be considered in the nature of a tax, but
shall be in addition to any and all taxes of general applicability which are now or may be required
hereafter to be paid by any Federal, State, or local law.
9.3 Acceptance by the City. Subject to applicable law, no acceptance of any
payment by the City shall be construed as a release or as an accord and satisfaction of any claim
that the City may have for further or additional sums payable as a Franchise Fee under this
Agreement or for the performance of any other obligation of the Company.
9.4 Failure to Make Required Payment. In the event that any Franchise Fee
or recomputed amount is not made on or before the dates specified herein, the Company shall pay
as additional compensation an interest charge, computed from such due date, at an annualized rate
equal to the commercial prime interest rate of the City's primary depository bank during the
period that such unpaid amount is owed.
9.5 Periodic Payments to Be Made. The Company shall make fee payments
of monies due hereunder within thirty (30) days of the end of each calendar quarter for Franchise
Fees collected during the preceding quarter. Accompanying said payment, the Company shall also
provide a written report of its Gross Revenues generated in the Franchise Area for the preceding
quarter's period.
9.6 City Right to Inspection. The City, at its discretion, shall have the right
to inspect the Company's Gross Annual Revenue records, to audit, and to recompute any fee
amounts. Inspections, audits or recomputations may be performed either by the City or an
independent firm selected by the City and qualified for such purposes. No audit of the Company's
records relating to Gross Annual Revenues shall take place later than thirty-six (36) months
following the close of each of the Company's fiscal years. Audits that result in payment of four
percent (4 %) or more of Franchise Fees during the audit period, shall be at the expense of the
Company. Any additional amount due to the City as a result of the audit shall be paid within
thirty (30) Days of notice by the City, unless the Company disputes the results of the audit. The
Company agrees to meet with the City and will attempt in good faith to resolve any differences.
Thereafter, the additional amount due shall be subject to payment within thirty (30) days after said
additional amount is determined to be due by the Company and the City, or the City declares an
impasse in the negotiations with the Company.
9.7 Payments Due in Event of Termination or Expiration. In the event that
7
the Company continues the operation of any part or all of the Natural Gas Distribution System
beyond the termination, revocation, or expiration of the Franchise granted herein, it shall continue
to pay to the City the Franchise Fee in the manner set forth in this Agreement. This section shall
not be construed to authorize the operation of the Natural Gas Distribution System beyond the
termination, revocation, or expiration of this Franchise.
9.8 Alternative Fee Contingencies. In the event that the Company's obligation
to pay a Franchise Fee is held invalid by a decision of any court of competent jurisdiction or due
to the actions of any legislative body, the Company shall negotiate with the City in good faith and
shall agree, if permissible under then applicable law, to provide compensation to the City in lieu
of the Franchise Fee. The amount of compensation shall, to the extent permitted by applicable
law, as amended from time to time, be comparable to that which the Company would pay as the
Franchise Fee under the terms of this Agreement and shall be passed through to the natural gas
customers in a manner similar to the Franchise Fee.
9.9 Other Fees and Taxes. To the extent that any federal or state law or
regulation may now forbid the City from assessing any type of fee or tax, upon repeal,
modification, or judicial/administrative interpretation of said law or rule that would permit the
City to assess said fee or tax, the City shall have the right to assess said fee or tax to the full
extent authorized by law; provided, that the City shall first consult with the Company. Upon such
occurrence, the parties shall meet and confer within ninety (90) Days of notice from the City to
in good faith negotiate Franchise provisions to implement the collection of said fee or tax.
X. FORFEITURE OR REVOCATION.
10.1 Grounds for Revocation. The City reserves the right to revoke any
Franchise granted hereunder, pursuant to the procedure in paragraph 10.4, and rescind all rights
and privileges associated with the Franchise in the following circumstances, each of which shall
represent a default and breach of this Agreement:
(a) Company has defaulted in the performance of any of the material
obligations under this Agreement or any provision of the City Code not conflicting with this
Agreement;
(b) Company has failed to provide or maintain in full force and effect
the liability and indemnification coverage as required herein;
(c) Company has violated a material provision of any orders or rulings
of any regulatory body having jurisdiction over the Company relative to this Agreement and any
regulatory ordinance of the City, and the Company fails to begin cure within five (5) business
days of notice from the City and to complete cure within a reasonable time after notice, as
determined by the City;
8
(d) Company has committed any act of fraud upon the City or natural gas
customers;
(e) Company has acted grossly negligently, as defined by general law,
in maintaining or operating the Natural Gas Distribution System provided in this Franchise;
(f) Company has become insolvent, is unable or unwilling to pay its
debts, or is adjudged bankrupt;
(g) Company has made a material misrepresentation of fact in the
application for or negotiation of the Franchise or any extension or renewal thereof; and
(h) Company has failed to pay the Franchise Fee in the mariner provided
in this Agreement.
10.2 Effect of Circumstances Beyond Control of Franchisee. The Company
shall not be declared at fault or be subject to any sanction under any provision of this Agreement
in any case, in which performance of any such provision is prevented for reasons beyond the
Company's control. For the purposes of this Agreement, causes or events beyond the Company's
control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes,
fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage,
strikes and restraints imposed by order of a governmental agency or court. A cause or event shall
not be deemed to be beyond the Company's control if committed by a corporation or other
business entity in which the Company holds a controlling interest whether held directly or
indirectly, when such fault is due to Company's financial inability to perform or comply,
economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Company's
directors, officers, employees or contractors or agents.
10.3 Effect of Pending Litigation. Pending litigation or any appeal to any
regulatory body or court having jurisdiction over the Company shall not excuse the Company from
the performance of its obligations under this Agreement, unless specifically provided for by court
order or by the regulatory body having jurisdiction over such matters. Failure of the Company
to perform such obligations because of pending litigation or petition may result in forfeiture or
revocation pursuant to the provisions of this section.
10.4 Procedure Prior to Revocation. The City Manager shall notify the
Company in writing of the exact nature of the alleged violation constituting a ground for
termination and give the Company thirty (30) days, or such greater amount of time as the City
Manager may specify, to correct such violations or to present facts and arguments to the City
Manager to refute the alleged violation ("Cure Period"). If by the end of the Cure Period the
Company does not remedy the violation or convince the City Manager there is no violation, the
City Manager shall schedule a public meeting of the City Council for purposes of addressing the
alleged violation. The Council meeting shall be held within thirty (30) days from the expiration
9
of the Cure Period. The City Manager shall promptly provide the Company written notice of the
Council meeting. During the Council meeting, the City Manager, Company, and all interested
parties shall have the right to be heard in person and through counsel, present evidence, and cross
examine adverse witnesses. At the conclusion of the Council meeting, the Council may suspend
or revoke the Franchise, if it determines that there are sufficient grounds which warrant such
action; otherwise, the Franchise remains in full force and effect. The Company shall not be held
in default nor suffer any penalties where non-compliance or default is caused by an event beyond
the Company's control, as stated in Section 10.2. The Company shall have the right of review
by a court of competent jurisdiction upon any determination by the City Council to suspend or
revoke this Franchise.
XI. LIABILITY AND INSURANCE.
11.1 Certificate of Insurance. In no event later than sixty (60) days after the
effective date of this Agreement and thereafter continuously throughout the duration of this
Agreement and any extensions or renewals thereof, the Company shall furnish to the City,
certificates of insurance, approved by the City, for all types of insurance required under this
section. Failure to furnish said certificates of insurance in a timely manner shall constitute a
failure to faithfully comply with this Agreement. At the City's request, the Company shall furnish
certificates of insurance which are in effect from time to time.
11.2 No Liability Limit. Neither the provisions of this article or any damages
recovered by the City hereunder, shall be construed to limit the liability of the Company for
damages under this Agreement.
11.3 Endorsement. All insurance policies maintained pursuant to this
Agreement shall contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance policy may
not be modified or canceled by the insurance company nor the
intention not to renew be stated by the insurance company until
thirty (30) days after receipt by the City of Cape Canaveral City
Manager by certified mail, of a written notice of such intention to
cancel or not to renew.
11.4 State Institution. Except for self -insured policies, all insurance policies
provided pursuant to this Agreement shall be written by companies authorized by the Florida
Insurance Commissioner to do business in the State of Florida as an insurance company.
11.5 Named Insured. The City shall be an additional named insured for all
insurance policies written pursuant to this Agreement.
11.6 Changes in Policy Limits To offset the effects of inflation and to reflect
10
changing liability limits, all of the coverage, limits, and amounts of the insurance provided for
herein are subject to reasonable increases at the end of every three (3) year period of this
Agreement, applicable to the next three (3) year period, at the City's discretion.
11.7 Commercial General Liability Insurance. The Company shall maintain
throughout the term of this Agreement, general liability insurance insuring the Company in the
minimum of:
(a) $2,000,000 for property damage single limit;
(b) $3,000,000 single limit liability for personal bodily injury or death
to any one person; and
Such general liability insurance must include coverage for all of the
following: comprehensive form, premises operations, explosion and collapse hazard, underground
hazard, products/completed operations hazard, contractual insurance, broad form property
damage, and personal injury.
11.8 Automobile Liability Insurance. The Company shall maintain throughout
the term of this Agreement, automobile liability insurance for owned, non -owned, or rented
vehicles in the minimum amount of:
(a) $2,000,000 single limit liability for bodily injury and consequent
death per occurrence; and
(b) $1,000,000 for property damage per occurrence.
11.9 Worker's Compensation. The Company shall maintain throughout the
term of this Agreement, worker's compensation in the minimum amount of the statutory limit for
worker's compensation, as amended from time to time.
XII. INDEMNIFICATION AND HOLD HARMLESS
12.1 Indemnity and Hold Harmless. The City shall in no way be liable or
responsible for any accident or damage caused by the Company that may occur in the
construction, operation, or maintenance by the Company of the Natural Gas Distribution System,
and the acceptance of this Franchise on the part of the Company shall be deemed an Agreement
on the part of the Company to fully indemnify, defend and hold harmless the City and its officers,
boards and council, contractors, and City employees against the full amount of any (i) claims, (ii)
liabilities, (iii) actions, (iv) suits, (v) proceedings, (vi) payments, (vii) assessments, (viii)
judgments, (ix) losses, (x) damages, (xi) costs and (xii) expenses (including interest, penalties and
reasonable attorneys' fees and disbursements) claimed against the City in connection with the
following:
(a) To persons or property, in any way arising out of or through the acts
11
or omissions of the Company, its servants, agents or employees; and
(b) Arising out of the Company's failure to comply with the provisions
of any federal, state, or local laws, ordinances, or regulations applicable to the Company in its
business hereunder.
12.2 Condition. The foregoing indemnity is conditioned upon the City giving
the Company prompt notice of any claim or the commencement of any action, suit or other
proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent
the City from cooperating with the Company and participating in the defense of any litigation by
its own counsel at its own costs and expense.
12.3 Bond. Company shall execute and file with the Clerk of the City its bond
in the penal sum of Fifteen Thousand and No/100 Dollars($15,000.00), in satisfactory form,
guaranteeing its performance of all obligations under this Agreement which bond shall be enlarged
or reviewed from time to time as required by the City Council.
IIIII. DESIGN AND CONSTRUCTION PROVISIONS.
13.1 Authorization to Commence Construction and Application Procedures.
Prior to the installation or erection of any pipelines, towers, poles, conduits, fixtures, or other
appurtenances thereto, other than minor or emergency excavation and maintenance, or the upgrade
or rebuild of the Natural Gas Distribution System, the Company shall first submit to the City for
review a concise description of the facilities proposed to be maintained, erected, removed, or
installed, including engineering drawings, if required by the City. No erection, excavation, or
installation of any part of the Natural Gas Distribution System, or any other appurtenances thereto,
shall be commenced by any person until proper permits have been received from the City, except
in the event of an emergency.
13.2 City Maps. The City does not guarantee the accuracy of any maps showing
the horizontal or vertical location of existing substructures or utilities.
13.3 Compliance with Construction and Technical Standards. The Company
shall install or erect any pipelines, towers, poles, conduits, fixtures, or other appurtenances
thereto, in accordance with commonly accepted good engineering practices and technical
standards. The Company shall comply with all applicable construction and technical codes
adopted by local, state, and federal law.
13.4 Quality of Construction. Construction, installation, reconstruction,
operation, and maintenance of the Natural Gas Distribution System shall be performed in an
orderly and workmanlike manner, in accordance with then current technological standards. The
Company shall use its best efforts to install or erect the Natural Gas Distribution System parallel
with existing other utilities located in the rights -of -way. Nothing herein shall preclude
underground installation.
12
13.5 Underground Installation.
(a) All installations of the natural gas transmission pipelines shall be
underground unless otherwise approved by the City in writing. No paved street, alley or other
paved Right -of -Way shall be cut unless approved by the City in writing, except in case of
emergency.
(b) Prior to performing any underground construction, the Company
shall use its best efforts to locate, in advance, any water, sewage, gas, electric, cable, drainage,
or other utility lines, including compliance with Chapter 556, Florida Statutes, to the extent
applicable. Where any damages or alterations occur to said utility lines in the public right-of-way
as a result of construction, reconstruction, maintenance, or removal of the Natural Gas
Distribution System by the Company, its agents or independent contractors, the cost of such
repairs including all services and materials will be the responsibility of the Company.
13.6 Construction Notice. Except with regard to routine maintenance and
emergency circumstances, the Company shall give appropriate notice to the City and residents
within a reasonable period of time of proposed construction, reconstruction, excavation, laying
or stringing of the Natural Gas Distribution System under streets or on poles, but in no event shall
such notice be given less than five (5) business days before such commencement.
13.7 Interference with Persons, Public and Private Property, and Utilities.
The Company's Natural Gas Distribution System and all appurtenances shall be located, erected
and maintained so that such system shall:
(a) Not endanger or interfere with the health, safety or lives of persons;
(b) Not interfere with any improvements which the City, county or state
may deem proper to make;
(c) Not interfere with the free and proper use of public rights -of -way,
alleys, bridges, easements or other public property, except to the minimum extent possible during
actual construction or repair;
(d) Not interfere with the rights and reasonable convenience of private
property owners, except to the minimum extent possible during actual construction or repairs; and
(e) Not obstruct, hinder or interfere with any gas, cable, electric, water,
wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located
within the City.
13.8 Restoration to Prior Condition. In case of any disturbance of pavement,
sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense, and in a
manner approved by the City, replace and restore all paving, sidewalk, driveway, landscaping,
or surface of any street or alley disturbed, in as good a condition as before said work was
13
commenced and in a good workmanlike, timely manner in accordance with standards for such
work set by the City or the govemmental entity having operational and maintenance responsibility
for the Public Right -of -Way. Unless otherwise approved by the City Manager, such restoration
shall be undertaken within ten (10) business days after the damage is incurred and shall be
completed as soon as possible thereafter.
13.9 Private Property. The Company shall promptly repair or replace all
private property, both real and personal, damaged or destroyed as a result of the construction,
installation, operating or maintenance of the Natural Gas Distribution System at its sole cost and
expense.
13.10 Progress Reports. For work involving Public Right -of -Way excavation for
other than in the event of an emergency, prior to commencing construction, the Company shall
provide the City with a schedule for completion of said work and keep the City informed of the
construction progress as reasonably necessary
XIV. BOOKS AND RECORDS AVAILABLE TO CITY.
14.1 Records. With advance written request, the City shall have the right to
inspect at any time during normal business hours, all books, records, maps, revenue statements,
service complaint logs, performance test results and other like materials of the Company which
relate to the operation and enforcement of the Franchise within the City. Access to the
aforementioned records shall not be denied by the Company on the basis that said records contain
"proprietary" information, unless applicable law exempts said records.
14.2 Review. The Company shall permit, during the Company's normal business
hours, any duly authorized representative of the City to examine, at the City's discretion, any and
all maps and other records kept or maintained by the Company or under its control concerning the
operations, affairs, transactions or property of the Company relative to the Natural Gas
Distribution System operations in the City. The examination shall take place at the Company's
place of business.
14.3 Reports to Be Filed. The following financial reports for the Franchise area
shall be submitted to the City:
(a) An annual report prepared by the Company or the parent company
of the Company shall be provided annually at the time said report is published.
(b) A quarterly financial report showing the Company's quarterly gross
revenues and quarterly franchise fees collected in the Franchise Area, pursuant to Paragraph 9.5
herein.
14.4 Other Records. The City may impose reasonable requests for additional
information, records and documents from time to time, and the Company shall produce said
records within ten (10) business days, so long as such request relates to the City's enforcement
14
abilities under this Agreement or the City's ordinances or resolutions.
XV. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
All services rendered and all rules and regulations adopted by the Company shall
have general application to all persons and shall not subject any person to prejudice or
disadvantage on account of race, gender, religion, origin, or ethnicity. The Company shall not
deny Natural Gas service to any group of potential residential customers within the City because
of the income of the residents of the area in which such group resides. The Company shall not
charge customers different rates for Natural Gas service for the same class or type of service.
XVI. SERVICE STANDARDS
16.1 Operation. The Company shall maintain and operate its Natural Gas
Distribution System and render efficient service in accordance with the rules and regulations as
are, or may be, set forth by the City Council of the City of Cape Canaveral as provided in this
Franchise and by the Public Service Commission.
16.2 Planned Downtime. The Company shall provide reasonable notice to all
customers who will be affected by an interruption of service for the purpose of repairs to, and
installation of, the Natural Gas Distribution System to customers.
XVII. MISCELLANEOUS PROVISIONS.
17.1 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal -agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any such
relationship with the other.
17.2 Entire Agreement. This Agreement and all City Code provisions
regulating the distribution, transmission, or sale of Natural Gas are incorporated herein by
reference, represent the entire understanding and agreement between the parties hereto with
respect to the subject matter hereof, and supersede all prior oral negotiations between the parties.
This Agreement may be amended, supplemented, modified, or changed only by adoption of an
Ordinance by the City and execution of an instrument agreeing to said amendment,
supplementation, modification, or change in the terms hereof by the Company.
17.3 Provisions Cumulative. The rights and remedies reserved to the City by
this Agreement are cumulative and shall be in addition to and not in derogation of any other rights
or remedies which the City may have with respect to the subject matter of this Agreement subject
to applicable law, and a waiver thereof at any time shall have no effect on the enforcement of such
rights or remedies at a future time.
17.4 Notices. All notices from the Company to the City pursuant to this
Agreement shall be sent to: City Manager, City of Cape Canaveral, Florida, 105 Polk Avenue,
15
Cape Canaveral, Florida 32920. All notices to the Company shall be sent to: Michael A.
Palecki, NUI Corporation, Southem Division, 955 East 25th Street, Hialeah, Florida 33013, and
to Randall Harris, NUI Company, 4180 South U.S. Highway 1, Rockledge, Florida 32955. The
names and address in this section may be unilaterally amended by either party at anytime by
giving written notice to the other party.
17.5 Captions. Captions to sections through this Agreement are solely to
facilitate the reading and reference to the sections and provisions of the Agreement. Such captions
shall not affect the meaning or interpretation of the Agreement.
17.6 Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision. Such holding shall not affect the validity of the remaining portions of this Agreement.
17.7 City's Rights of Intervention. The Company agrees not to oppose
intervention by the City if any suit or proceeding to which the Company is a party, concerning
or involving the Company and the City's rights under this Agreement.
17.8 Headings; Entire Agreement; Governing Law. The headings contained
in this Agreement are for reference purposes only and shall not affect in any way the meaning and
interpretation of this Agreement. This Agreement constitutes the entire agreement and supersedes
all prior agreements and understandings, both written and oral, among the parties with respect to
the subject matter hereof. This Agreement shall be governed in all respects, including validity,
interpretation and effect, by the laws of the State of Florida.
17.9 Jurisdiction and Venue. The parties hereto agree that the state or federal
courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the
subject matter of any litigation between the parties arising hereunder. For purpose of state court
action, venue shall lie within Brevard County, Florida, and for the purpose of federal court action,
venue shall lie within Orlando, Florida. THE COMPANY HEREBY WAIVES RIGHT TO
TRIAL BY JURY IN ANY ACTION BROUGHT ON THIS AGREEMENT OR ON ANY
MATTER ARISING IN CONNECTION WITH THIS AGREEMENT.
17.10 Attorney's Fees. In the event of any litigation or arbitration arising out of
this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees
and court costs incurred in such action.
17.11 Franchise Costs. The Company agrees to pay the public advertising costs
incurred by the City in granting this Franchise or any renewal or assignment thereof.
17.12 Renegotiation Clause. In the event of a material change in Federal or State
law(s) or Public Service Commission rule(s) or in the event the Company enters into a franchise
or other agreement with Brevard County or any other City within Brevard County which provides
the County or other City more favorable Franchise Fees than provided to the City under this
16
Franchise, the City and the Company mutually agree to renegotiate those particular terms of this
Franchise affected by changes in said law(s) rule(s), or franchises or agreements. This Franchise
shall remain in full force and effect until any negotiated amendments have been duly approved by
both the City and the Company, however, if the Company fails to negotiate said amendments in
good faith and in a timely manner, the City shall have the right to terminate this Franchise
pursuant to paragraph 10.4 herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
CITY:
CITY OF CAPE CANAVERAL,
WITNESSES: FLORIDA
Jaz!,
4,6,4
hn K. Porter, MAYOR
COMPANY:
WITNESSES: NATIONAL UTILITY INVESTORS
4 ZeiLd,'
Cy,,0
STATE OF FLORIDA
COUNTY OF BREVARD
By:
The foregoing instrument was acknowledged before me this day of
1997, by JOHN K. PORTER, Mayor of the CITY OF CAPE CANAVERAL, O A, a
Florida Municipal Corporation, on behalf of the aforesaid municipal corporation, who is/is not
personally known to me, or has produced as identification.
NOTAY PUBLIC
SANDRA H. SIMS
17 4 . .= MY COMMISSION x CC 4835&.
r EXPIRES: July 24,1999
'•'r;, pF F4"'' Bonded fiN Notary Public Ihlderanters
STATE OF FLORIDA
COUNTY OF BRE-If-A-RD t fE OE
The foregoing instrument was acknowl ..:-. before me this -3I &lay of illar ,
1997, by L k e,` o-i-k.e ,3r. , reS c.(Q,,31 of NATIONAL UTILITY
INVESTORS, n behalf of said.corporation, who is/is no r esonally kno to me, or has
pfetlueed" .
NOTARY PUBLIC
•4'. Rachel E. Turner
f. M !• ''s w COMMISSION • CC5 0685 EXPIRES
IAf i Am al TROY28, 22000• EXPIRES
I MIN INSURANCE, NC
n: \Cape. can\agreani\ges.001
18
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2018
Page 2 of 5
Attachment 2
seconded by Mayor Pro Tem Brown, to withdraw Item 12 from the Agenda. The motion
carried 5-0.
CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion.
No items were removed.
1. Approve Minutes for May 15, 2018 City Council Regular Meeting.
2. Approve Interlocal Agreement between the City of Cape Canaveral, Florida, the City of
Cape Canaveral Community Redevelopment Agency and Brevard County, Florida and
authorize Mayor to execute same.
3. Authorize City Manager to negotiate and, if successful, execute continuing services
agreements with selected firms for Professional Engineering, Surveying, Planning and
Architectural Services as submitted in response to RFQ #2018-01, without need for
further City Council action.
4. Authorize removal of one (1) Specimen Tree at 317 Jefferson Avenue at a mitigation
rate of one-to-one.
5. Request City Council approve updated memorandum of understanding (MOU) for the
Intergovernmental Radio Communications Program — 800 MHz Advisory Committee
approved by the Board of County Commissioners (BOCC) on April 10, 2018 and
authorize the Mayor to execute it on the City's behalf.
6. At the request of the City's natural gas Franchisee (NUI Corporation/Pivotal Utility
Holdings, Inc.), approve and authorize the Mayor to execute the attached consent form
acknowledging and agreeing to the proposed transfer of ownership and control related to
the Franchisee pursuant to the terms and conditions of the Gas Franchise Agreement,
dated as of February 18, 1997, by and between the City of Cape Canaveral and Pivotal
Utility Holdings, Inc. (f/k/a NUI Corporation).
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to approve the six items on the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
7. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana
Treatment Center dispensing facilities within the City; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, second reading: City Attorney Garganese read the title into the record and
explained this is the third and final time Council has considered this Ordinance. Discussion
ensued. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. Mayor Hoog called for a motion. A motion was made by Mayor Pro Tem Brown,
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 6/19/2018
Item No. 6
Subject: At the request of the City's natural gas Franchisee (NUI Corporation/Pivotal Utility
Holdings, Inc.), approve and authorize the Mayor to execute the attached consent form
acknowledging and agreeing to the proposed transfer of ownership and control related to the
Franchisee pursuant to the terms and conditions of the Gas Franchise Agreement, dated as of
February 18, 1997, by and between the City of Cape Canaveral and Pivotal Utility Holdings,
Inc. (f/lc/a NUI Corporation).
Department: City Attorney
Summary: The City Council previously approved a non-exclusive, Gas Franchise Agreement,
dated as of February 18, 1997, by and between the City of Cape Canaveral and Pivotal Utility
Holdings, Inc. (f/k/a NUI Corporation) for natural gas service provided within the jurisdictional
limits of the City.
Pursuant to Article VIII of the Franchise Agreement, the City reserved the right to approve, in
writing, any assignment of the Franchise Agreement in instances when the Franchisee seeks to
transfer the Franchise Agreement to another entity, or approve, in writing, any transfer of the
ownership and control of the Franchisee. This contractual reservation of right negotiated by the
City Council is intended to allow the City Council to generally examine whether the proposed
assignment or transfer of control creates any serious legal, financial, character, technical and
other public interest issues related to transaction and the existing Gas Franchise Agreement.
Approval from the City Council should not be unreasonably withheld.
In this instance, the City Manager was contacted by the Franchisee and advised that the
ownership and control of the Franchisee is being sold to another entity (700 Universe, LLC, a
special purpose corporation created for this transaction which is owned directly by NextEra
Energy, Inc., which is its publicly traded parent company (NYSE: NEE)). Florida Power &
Light (FPL) is a subsidiary of NextEra Energy, Inc. According to NextEra Energy's website,
NEE is a leading clean energy company with consolidated revenues of approximately $17.2
billion. Further, NextEra Energy has been recognized often by third parties for its efforts in
sustainability, corporate responsibility, ethics and compliance and diversity, and has been
ranked No. 1 in the electric and gas utilities industry in Fortune's 2018 list of "World's Most
Admired Companies." The City Attorney has been informed by the buyer's counsel that 700
Universe, Inc., and its parent company, are still evaluating where the purchase will ultimately
reside in the overall corporate structure, and that additional transfers and/or name changes may
occur after the purchase transaction is completed. So long as any transfers and/or name changes
fall under the NextEra Energy corporate umbrella, it does not appear, at this time, any additional
consents from the City Council will be required other than approval of the attached
acknowledgement and consent legal instrument.
By way of background for understanding Pivotal Utility Holdings, Inc's involvement in the
Franchise Agreement and the attached acknowledgement and consent legal instrument which
the City Council is being asked to approve, the name of the original Franchisee was NUI
Corporation, a New Jersey Corporation. However, there was a history of name changes since
the Franchise Agreement was approved. Specifically:
City Council Meeting
Date: 6/19/2018
Item No. 6
Page 2 of 2
Corporate history of the Franchisee:
• On March 1, 2001, NUI Corporation (the current franchisee) changed its name to NUI
Utilities, Inc.
• On March 11, 2005, NUI Utilities, Inc. changed its name to Pivotal Utility Holdings,
Inc. (this is the current corporate name of the Franchisee).
• Pivotal Utility Holdings, Inc. is a direct, wholly owned subsidiary of NUI Corporation
(the "Seller" referenced in the purchase agreement).
Corporate history of the Seller:
• On March 1, 2001, NUI Holding Company changed its name to NUI Corporation.
• NUI Corporation is currently the direct parent of Pivotal Utility Holdings, Inc.
• NUI Corporation is a direct, wholly owned subsidiary of Southern Company Gas.
The purchase of the ownership and control of Pivotal Utility Holdings, Inc. by 700 Universe,
Inc., which is owned directly by NextEra Energy, Inc., does not appear, at this time, to present
any legal, financial, character, technical and other public interest issues related to the Gas
Franchise Agreement given the public information currently available regarding the reputation
and financial strength of NextEra Energy, Inc. in the utility industry.
Submitting Department Director: City Attorney )041 ,,,-. 4 Date:
Attachment: Acknowledgment and Consent to Transfer Legal Instrument
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo 1r Date:
The City Manager recommends that City Council t 14
At the request of the City's natural gas Franchisee (NU
Inc.), approve and authorize the Mayor to execute the attached
agreeing to the proposed transfer of ownership and control
the terms and conditions of the Gas Franchise Agreement,
between the City of Cape Canaveral and Pivotal Utility Holdings,
Approved by City Manager: David L. Greene
the following action:
orporation/Pivotal Utility Holdings,
consent form acknowledging and
related to the Franchisee pursuant to
dated as of February 18, 1997, by and
Inc. (f/k/a NUI Corporation).
1 Date: a,//
June 7, 2018
VIA ELECTRONIC TRANSMISSION
City Manager
City of Cape Canaveral, Florida
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Gas Franchise Agreement, dated as of February 18, 1997, by and between the City of
Cape Canaveral and Pivotal Utility Holdings, Inc. (f/k/a NUI Corporation) (the "Franchise
Agreement").
To whom it may concern:
Pursuant to that certain Stock Purchase Agreement (the "Purchase Agreement"), dated
as of May 20, 2018, by and among NUI Corporation ("Seller"), 700 Universe, LLC ("Purchaser"),
NextEra Energy, Inc. and Southern Company Gas, Seller has agreed to sell, and Purchaser has
agreed to purchase, all of the issued and outstanding shares of Pivotal Utility Holdings, Inc. (the
"Transaction").
Pivotal Utility Holdings, Inc. acknowledges that the closing of the Transaction may
constitute a Transfer (as defined in the Franchise Agreement) under Section 8.1 of the
Franchise Agreement. By executing this letter, you acknowledge and agree that (a) the person
executing this letter on your behalf has full power and authority to do so, (b) this letter will satisfy
any provision of the Franchise Agreement requiring notice or consent as a result of the
Transaction, and (c) the closing of the Transaction will not result in a termination or breach of
the Franchise Agreement.
Please acknowledge your receipt of this letter and confirm your agreement with the
matters set forth herein by signing below where indicated and emailing an executed copy to the
attention of Mr. Paul Shlanta, General Counsel at pshlanta@southernco.com and Carolyn
Bermudez, Vice President and General Manager at cbermude@southernco.com. Your earliest
consideration of the foregoing will be greatly appreciated.
[Signatures on the following page.]
ACKNOWLEDGED AND AGREED:
CITY OF CASE CANAM,ERAL. FLORIDA
By.
Name: Robert E. Hoog
Title: Mayor ,City of Cape Canaveral
06/19/2018
Sincerely,
PIVOTAL UTILITY HOLDINGS, INC.
By:
Name: Bryan Batson
Title: President. Florida City Gas
Attachment 3
FloridaCity Gas ,e4.,
December , 2023
Via Electronic Transmission
City Manager
City of Cape Canaveral, Florida
100 Polk Avenue
Cape Canaveral, Florida 32920
Re: Gas Franchise Agreement, dated as of February 18, 1997, by and between the City of Cape
Canaveral and Pivotal Utility Holdings, Inc. (f/k/a NUI Corporation) (the "Franchise Agreement").
To Whom it May Concern:
Pursuant to that certain Stock Purchase Agreement, dated as of September 26, 2023, by and between Florida
Power & Light Company ("Seller") and Chesapeake Utilities Corporation ("Purchaser"), Seller has agreed to
sell, and Purchaser has agreed to purchase, all of the issued and outstanding shares of Pivotal Utility Holdings,
Inc. (the "Transaction").
Pivotal Utility Holdings, Inc. acknowledges that the closing of the Transaction (the "Closing") may constitute
a Transfer (as defined in the Franchise Agreement) under Section 8.1 of the Franchise Agreement. By executing
this letter, you acknowledge and agree that (a) the person executing this letter on your behalf has full power
and authority to do so, (b) this letter will satisfy any provision of the Franchise Agreement requiring notice or
consent as a result of the Transaction, and (c) the Closing will not result in a termination or breach of the
Franchise Agreement. If the Closing does not occur, then this letter will be of no force or effect.
Please acknowledge your receipt of this letter and confirm your agreement with the matters set forth herein by
signing below where indicated and emailing an executed copy to the attention of Ms. Monica Barnes, Senior
Attorney at monica.barnes@fpl.com. Your earliest consideration of the foregoing will be greatly appreciated.
Sincerely,
PIVOTAL UTILITY HOLDINGS, INC.
By:
Name:
Title:
ACKNOWLEDGED AND AGREED
CITY OF CAPE CANAVERAL, FLORIDA
By:
Name: Wes Morrison
Title: Mayor
Date:
Florida City Gas
700 Universe Boulevard, Juno Beach, FL 33408
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Ordinance No. 10-2023; amending the City 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, severability,
incorporation into the Comprehensive Plan, an effective date and legal status of the Plan
amendments, second reading.
Department: Community and Economic Development
Summary: This item proposes to amend the City of Cape Canaveral Comprehensive Plan Future
Land Use Element by establishing a MXU Land Use Category to support the development of
mixed -use projects and related objective and policies.
Mixed -use development is an alternative to traditional/single-use zoning. It allows for the
placement of multiple uses within a single development site, such as street -level retail with
residential units above. A complementary mix of 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. Additional benefits include
reducing local transportation times and emissions, energy consumption, encouraging a sense of
place, and promoting a more efficient use of land.
Cape Canaveral has relied on a traditional zoning program since its incorporation in the 1960's.
However, the call for mixed -use goes back many years (Attachment 1):
• The City's 2009 Envision Cape Canaveral identified an opportunity for a walkable,
mixed -use "Downtown";
• In 2012, language providing for mixed -use was included in the A1A Economic
Opportunity Overlay District section of the Code;
• The 2021 Resiliency Action Plan encourages innovative and sustainable land use policies
that support resilient redevelopment.
• 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.
Most recently, the concept of mixed -use was a common theme discussed at the Council's 2022
Strategic Planning Retreat. 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 mixed -use was discussed during the "Blue Sky" portion of
the meeting, where Council Members were given the opportunity to raise aspirational goals for the
City.
Implementation of a mixed -use designation will require amendments to the City's Comprehensive
Plan (Plan). The proposed Ordinance (Attachment 2) will revise the Future Land Use Element of the
Plan to include enabling language authorizing mixed -use development. It is proposed that two
types of mixed -use be permitted:
• Larger MXU projects with a minimum size of seven acres that permit a wide range of
uses on a single parcel; and
• Live -work units consisting of complementary residential space within a building
containing a principal commercial or industrial use.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 3_
Page 2 of 4
Due to the unique nature and scope of mixed -use development, the Ordinance proposes that MXU
projects be approved on a case -by -case basis by the City Council in conjunction with a written
development agreement, which will be recorded and run with the property. Furthermore, an MXU
project shall be subject to approval of a corresponding Planned Development zoning map
designation, and shall comply with, among other considerations, the following standards:
1. A minimum of seven (7) net developable acres;
2. No more than 75 percent of any one land use will dominate the project.
3. Located within the A1A Economic Opportunity Overlay District;
4. Direct access to Astronaut Boulevard, Center Street, or West Central Boulevard;
5. Maximum of 65 feet in height; and
6. Subject to the discretion of the Council, density increases may be authorized up to 30
units per acre, through consideration of several factors, including:
• Embraces the Vision Statement
• Compatible mix of uses; authentically integrated.
• Pedestrian -friendly
• Economically and socially beneficial to the city
• Aesthetic quality and character
• Overall project quality will significantly exceed minimum requirements
• In harmony with the distinctive character of the city
• Compatibility with and betterment of surrounding neighborhoods
• Prohibits strip commercial uses
• Impact on public facilities
• Adequate parking
• Project components have common features and support services
• Consistent with CRA Plan
• Addresses flooding concerns as set forth in the City's Vulnerability Assessment
• The experience of the developer;
• Impact on the environment;
• Incorporation of resilient, sustainable design features;
• Other factors as may be deemed relevant and necessary by the City Council.
Public Involvement: due to the unique nature and potential community impact of MXU projects,
this Ordinance will require two preliminary public meetings prior to the application being formally
considered by the City Council:
1. Preliminary City Council Review. Prior to submitting a formal application seeking approval
of a MXU project, an applicant shall submit a concept site layout plan, building elevation,
and a list of proposed land uses, for a non -binding and preliminary review at a public City
Council meeting. At this meeting the Applicant will only receive preliminary feedback.
2. Preliminary neighborhood workshop. The applicant shall be responsible for conducting at
least one neighborhood workshop to inform neighboring owners and interested residents
and businesses of the proposed application and answer any questions. Staff will develop
an appropriate protocol for conducting the meeting.
Upon submittal of a formal application for approval of an MXU designation, the applicant will be
required to negotiate a draft development agreement with the City Manager prior to the
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 3_
Page 3 of 4
application and development agreement being formally presented to the Council for approval at a
public hearing.
Currently, the City's residential land use designations allow up to a maximum of 15 units per acre.
The goal of the proposed MXU category is to achieve community priorities by authorizing the City
Council to negotiate and approve densities up to 30 units per acre on a project -by -project basis.
In conformance with foundational goals of the City's Community Redevelopment Agency Plan, MXU
projects will facilitate the removal of blighted properties within the State Road (S.R.) A1A corridor.
Due to the requirement for a MXU project to be a minimum of seven acres, as well as have direct
access to S.R. A1A, private land assemblage in the corridor may be necessary. Assemblages and
subsequent MXU projects can result in the replacement of tired structures that contribute to
blighted conditions.
Other items addressed by this Ordinance:
Live -work Units: The Ordinance requires the City Council to subsequently adopt appropriate
live -work unit land development regulations. Live -work units would be authorized as a small-scale
complementary use of residential space in buildings with a commercial or industrial principal use
(C-1, C-2, M-1). Live -work units will not be subject to the development guidelines associated with
larger mixed -use projects (i.e., there is no requirement for a minimum project size of 7 acres and
there is no provision for density increases) and will be subject to the administrative approval process.
Update Planned Unit Development (PUD) Comp Plan Language: Creates a new objective (Objective
LU-1.8.C) to provide clarification that the PUD zoning category specifically allows mixed -use.
At its September 13, 2023 Regular Meeting, the Planning and Zoning Board (Board) unanimously
approved Ordinance No. 10-2023 (Attachment 3). There was no public opposition to the proposed
Ordinance. A local business owner testified the proposed Ordinance would benefit local businesses,
as well as promote the bikeable/walkable goals of the city.
On August 31, 2023, a legal ad appeared in Florida Today noticing the Council's October 17, 2023
Public Hearing for Ordinance No. 10-2023 (Attachment 4).
At its October 17, 2023 Regular Meeting, the Council held a public hearing and first reading of
Ordinance No. 10-2023. Several members of the public attended and spoke in support of the
Ordinance. There was discussion as to why the Ordinance did not authorize mixed -use within the
North Atlantic Avenue corridor. Staff explained that due to the scope and allowed uses within a
mixed -use project, compatibility with the residential nature of the North Atlantic Avenue corridor
could be a concern. At the conclusion of the public hearing, the Council unanimously approved the
Ordinance.
As the Ordinance represents an amendment to the City's Comprehensive Plan, the Ordinance was
transmitted to the Florida Department of Commerce (aka FloridaCommerce) for its review. On
November 20, 2023, FloridaCommerce notified the City that it did not have any comments
regarding the proposed amendment (Attachment 5).
The second public hearing and adoption must be held within 180 days of receipt of the
FloridaCommerce notification. Upon adoption, the City must transmit the adopted amendment to
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 3_
Page 4 of 4
FloridaCommerce, with an effective date of 31 days after FloridaCommerce notifies the City that the
amendment package is complete.
On December 7, 2023, a legal ad appeared in Florida Today noticing the Council's December 19,
2023 meeting. Therefore, Ordinance No. 10-2023 is presented for second reading and adoption.
Submitting Department Director: David Dickey
Attachments:
1. Historical References to Mixed -Use
2. Ordinance No. 10-2023
3. P&Z Board Minutes — September 13, 2023
4. Legal Ad - October 17, 2023
5. FloridaCommerce Review Letter — November 20, 2023
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 10-2023 on second reading.
Approved by City Manager: Todd Morley
Attachment 1
Historical References to Mixed -Use District
Excerpt from Envision Cape Canaveral (2009):
Ile Visioning Process
Workshop 2: How Community Likes and Dislikes Form a Strategic Plan
The second workshop, "How Community Likes and Dislikes Forrn a Strategic Plan,"
was conducted on June 11, 2009. The attendance was strong v1ith more than 100
community members who were asked to categorize the previously compiled list
of likes and dislikes into strengths, weaknesses, opportunities, and threats_ The
floor was opened to a discussion about what the people of Cape Canaveral would
ultimately like their city to look like, describing various neighborhoods in a
"perfect" Cape Canaveral community. ECFRPC staff asked participants to go out
anywhere and capture through photographs the best kinds of places that
represent what their community could ultimately look like. Several hundred
pictures captured over a two -week period were compiled by ECFRPC staff who
added several hundred photos of their own. The purpose of the exercise was to
set forth a prioritized strategic assessment as it relates to the current Cape
Canaveral environment and help answer the question, "where are we now?"
Going further, policy development and action plans can then be directed at
strengths, which may be further refined and build upon weaknesses,
opportunities, and threats_
The technical component of workshop two was a mapping exercise designed to
solicit responses to varying development intensity. For this exercise, attendees
were asked to use colored dots (red, blue, green, and yellow) and place them on
city maps by development preferences (most intense development, medium
intense development, less intense development, and least intense development)_
This exercise was carted over into workshop three identifying neighborhoods
that are acceptable to varying levels of intensity.
Workshop 2 Results:
Strengths
1. World class location with ocean and beaches
2. Free beach parking
3. Recreational opportunities (surf, kayak, etc.)
4. Still walkable beach community
5. Volunteer beach clean-ups
6. Port Canaveral
7. Lagoon
S. Residential feel
9. Height limit
Weaknesses
1. Lack of sidewalks
2 Poorly lit sidewalks
3. Abandoned and incomplete buildings
4. No public launch facilities
5. Lack of code enforcement
6. Lack of pedestrian crosswalks
7. Visual blight on A1A
E. Lack of connectivity
9 Lack of a town center
Opportunities
1. Need an entrance feature on North Atlantic Ave from A1A
2. Redevelopment of underutilized sites
3. Establish green space "squares"
4. Port Canaveral
5. World class !Dolton
6. Add sidewalks and street trees
7. Establish a "Downtown" that is mixed use and walkable
Threats
1. Hurricanes
2. Sea level rise
3. Visual blight
4. Lack of code enforcement
Themes
To promote a livable, attractive coastal community through creating:
1. A sense of arrival and place
2. Green areas and native landscaping
3. Walkable, shaded sidewalks and street trees
4. Open shorelines and rivers
5_ An aesthetically and architecturally unique style
6_ Safe designs for bikers and pedestrians
7. Re -use or development ideas for underutilized or blighted sites
Excerpt from the Economic Opportunity Overlay District (2012):
Sec. 110-587 (4) The main street component of the District is intended to provide a mixed -use,
pedestrian -oriented focus for the proposed Town Center, with land uses serving Town Center
residents and visitors. This sub -district provides the City of Cape Canaveral with a small-town
style walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet
relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground floor
frontages along Central Boulevard as the market will bear. Upper stories shall be office or
residential along these main streets. This district also shall provide the potential for continuum -
of -care developments including opportunities for aging in place and include such uses as
independent, assisted living and skilled care facilities.
Excerpt from Cape Canaveral Resiliency Plan (2021):
Built Environment
According to the US Environmental Protection Agency (EPA), the built environment is anything that
provides people with living, working and recreational spaces'. As spaces are developed, energy and
water use increase. In a community that is over 90% built out, the City can profoundly influence its built
environment through innovative and sustainable land use policies that support redevelopment that is
resilient. Sustainable buildings are the framework for enhanced community resilience, and transforming
the way buildings and communities are designed and built can help ensure a more resilient future for
all.
Excerpt from Coastal Management
POLICY CM-1.14.4 The City shall promote the use of mitigation strategies to increase energy
efficiency and conservation and to reduce greenhouse gas emissions. The mitigation strategies
may include, but are not limited to, the adoption of Comprehensive Plan policies or land
development regulations pertaining to land use and transportation strategies such as
encouraging compact residential development, incentives for mixed use and redevelopment
projects that maximize internal trip capture, clustering residential densities along transit routes,
improving access to transit and non -motorized movement, requiring interconnectivity among
adjoining parcels of land and incentives for green building methods
Excerpt from Future Land Use
POLICY LU-1.8.1 The City shall encourage the mix of residential, office, commercial, retail,
restaurant, hotel, and flex space through the use of Mixed -Use Land Use designations. The
Mixed Use Future Land Use designation provides for a mix of uses within a development site or
within a multiple parcel area to encourage flexible and creative design, protect established
residential neighborhoods from adverse impacts of nonresidential development and reduce the
cost of public infrastructure. When the City adopts a policy creating a mixed -use land use
designation(s), it will define the percentage distribution for the mix of allowable uses or other
guidelines to implement mixed -use controls consistent with the requirements of 9J-5.006(4)(c),
F.A.C. and further, it will include density and intensity standards for the mixed -use designation
pursuant to Section 163.3177(6)(a), F.S.
Attachment 2
1 ORDINANCE NO. 10-2023
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. 10-2023
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. 10-2023
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 Thc City shall work toward thc usc of innovative mixed usc land usc classifications and
97 land development regulations to implement the recommendations of the 2009 Visioning
98 Study for mixcd 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 arc allowed and thc degree to which thc following Policies arc
101 implemented.
102
103 POLICY LU-1.8.1
104 Thc City shall encourage thc mix of residential, office, commercial, retail, restaurant, hotel,
105 and flex space through the usc of Mixed Usc Land Usc designations. The Mixed Use Future
106
107 multiple parcel area to encourage flexible and creative design, protect established
108
109 reduce the cost of public infrastructure. When thc City adopts a policy cr ating a mixed
110 usc land usc dcsignation(s), it will define thc percentage distribution for thc mix of
111 allowable uses or other guidelines to implement mixed use controls consistent with the
112 requirements of 9J 5.006('I)(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 Mixcd Usc FLU on thc FLU Map within thc City and thc pursuit of
115 appropriate strategics shall be based upon thc 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 thc
119 implementation of appropriate land development regulations.
City of Cape Canaveral
Ordinance No. 10-2023
Page 3 of 11
120 B. Encouragc private development activities to coordinatc with cxisting rcsidcnts 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 thc designation of thc land as
125 Mixed Use remain legal conforming uses that can be restore ace r ce w
126 current zoning district standards applicable to thc property.
127 E. Attendant en -site facilities such as utilities, structured parking facilities integrated
128 into other uses, public schools, open space and recrcition 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 variety of transit opportunities. It is paramount that the City's interests be
139 prioritized and achieved by an approved mixed -use development project in cooperation
140 with a developer that shares the City's priorities and interests. 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. 10-2023
Page 4of11
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 subject property as set forth in the City's vulnerability assessment;
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 the Agency's Redevelopment Plan, 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. 10-2023
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 exclusive use of the project's residents and occupants because of topographical features
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. 10-2023
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 Council's hearing on the application, or the applicant's initially 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. 10-2023
Page 7of11
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 The City Council may adopt land development regulations to allow "live -work units" or
289 "live -work space" in 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 complimentary to the primary use as a place of work.
292 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 X 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:
299 A. The PUD is an area of land developed as a single development project ems, 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.
305 B 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. 10-2023
Page 8of11
318 C. PUD land development regulations and procedures and standards will be guided
319 by have the following objectives:
320 1 Accumulation of large areas of usable open spaces for recreation and
321 preservation of natural amenities.
322 2. Flexibility in design to take the greatest advantage of natural land, trees,
323 historical and other features.
324 3. 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.
327 4. 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.
331 5. Efficient use of land which may result in smaller street and utility networks
332 and reduce development costs.
333 6. Establishment of criteria for the inclusion of compatible associated uses to
334 complement the residential areas within the planned unit development.
335 7. 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.
339 8. PUD should utilize economical and efficient use of land, utilities and streets
340 and other infrastructure.
341 D. 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 a+s
344 PUD ordinancc shall be an up to date type of ordinancc 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. 10-2023
Page 9of11
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 19th day of December,
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 Kay Jackson
393
394 Mickie Kellum
395
396 Wes Morrison
397
398 Don Willis
399
City of Cape Canaveral
Ordinance No. 10-2023
Page 10of11
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
408 15t Advertisement: August 31, 2023
409 15t Reading/Transmittal: October 17, 2023
410 2nd Advertisement: December 7, 2023
411 2nd Reading/Adoption: December 19, 2023
City of Cape Canaveral
Ordinance No. 10-2023
Page 11 of 11
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — September 13, 2023
Page 2 of 4
Attachment 3
current opinions of the City's development and how he can contribute to the Board and City. Vice
Chairman Price motioned to recommend Mr. Sharpe's application to the Council for
acceptance as a Member of the Planning and Zoning Board, Board Member Stroud
seconded the motion. The motion carried unanimously.
B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings):
3. Consideration of Ordinance No. XX-2023 to amend the City 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.
Mr. Harris informed the Board the ordinance is ready for final consideration, and to be presented
to Council. He shared a slide presentation to review the MXU Land Use requirements. Discussion
ensued involving criteria for live -work units in industrial and commercial zoning districts, larger
high -quality projects which will have greater impact, and the requirement for an extensive
submittal package from the applicant. Mr. Dickey discussed the heightened public involvement
proposed in the Ordinance. Chairman Russell had a concern regarding the language in Objective
LU-1.8.B, line 291 stating "accessory" vs. "complimentary" when describing land development
regulations regarding residential units. He suggested amending the verbiage to state
"complimentary." Attorney Garganese reminded the Board that the current Comprehensive Plan
directs the city to establish a mixed used designation, which is the purpose of the proposed
Ordinance. Chairman Russell opened the floor to the public. Mr. Daniel Sharpe shared his
observations of what can be expected from developers due to mix of uses. He feels the new
ordinance will be beneficial to the City, and that Code restrictions will discourage development.
Mixed -use living with retail, bars, entertainment, arts and culture is needed. This type of
development in the Economic Opportunity Overlay District will draw people. Chairman Russell
thanked Mr. Sharpe for his comments, and thanked Staff for preparing the Ordinance. He closed
Public Comments. Vice Chairman Price motioned to recommend approval of the Ordinance,
as amended to include the term complimentary, seconded by Board Member Denny. The
vote carried unanimously.
4. Discuss potential alternatives to the current parking requirements for
restaurants/bars specified in Sec. 110-491 of the Cape Canaveral's Land
Development Regulations.
Mr. Harris reintroduced the restaurants/ bars parking surveys from July's meeting depicting
parking in various municipalities across the state and country. He asked the Board for
recommendations/ideas. Mr. Dickey shared with the Board some background as to why the
A Daily Publication By:
CITY OF CAPE CANAVERAL
100 POLK AVE
CAPE CANAVERAL, FL, 32920
STATE OF WISCONSIN COUNTY OF BROWN:
Before the undersigned_authority_personally appeared said _
legal clerk, who on oath says that he or she is a Legal
Advertising Representative of the FLORIDA TODAY a daily
newspaper published in Brevard County, Florida that the
attached copy of advertisement, being a Legal Ad in the
matter of
Legal Notices
as published in FLORIDA TODAY in the issue(s) dated:
or by publication on the newspaper's website, if authorized,
on
08/31/2023
Affiant further says that the said FLORIDA TODAY is a
newspaper in said Brevard County, Florida and that the
said newspaper has heretofore been continuously
published in said Brevard County, Florida each day and has
been entered as periodicals matter at the post office in
MELBOURNE in said Brevard County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or
she has never paid nor promised any person, firm or
coporation anydiscount, rebate, commission or refund for
the purpose of securing this advertisement for publication
in the said newspaper.
Sworn to and Subscribed before me this 31th of August
2023, by legal clerk who is personally known to me
Affiant
Notary State of Wisconsin County of Brown
My commission expires
Publication Cost: $249.71
Ad No: 0005812037
Customer No: BRE-6CI209
This is not an invoice
# of Affidavits 1
A105812037 08/31/2023
NOTICE OF PUBLIC HEARING
CITY OF CAPE CANAVERAL
NOTICE OF COMPREHENSIVE PLAN/LAND
DEVELOPMENT CODE CHANGE
Notice is hereby given that a public
hearing will be held on Wednesday, Sep-
tember 13, 2023 at 6:00 P.M. before the
City s-Planning and -Zoning Board/tom! -
Planning Agency (LPA) to consider Ordi-
nance No. 10-2023. The LPA will conduct
a hearing and make a recommendation
to the City Council.
Subsequent to the LPA's recommenda-
tion, notice is also hereby given that a
public hearing will be held by the City
Council on Tuesday, October 17, 2023 at
6:00 P.M. All public hearings will be held
at Cape Canaveral Gty Hall, 100 Polk
Avenue, Cape Canaveral, Florida.
The Ordinance may be inspected in its
entirety in the City Clerk's Office during
business hours (8:30 A.M. to 5:00 P.M,
Monday -Friday). Interested parties may
appear at the meeting and be heard
with respect to the proposed Ordinance
Ordinance No.10-2023
An Ordinance of the City of Cape Canav-
eral, Brevard County, Florida; amending
the Gty of Cape Canaveral Comprehen-
sive Plan Future Land Use Element by es-
tablishing a Mixed -Use (MXU) land use
category and related objective and poli-
cies; providing for the repeal of prior in-
consistent ordinances and resolutions,
severability, incorporation into the Com-
prehensive Plan, an effective date and
legal status of the plan amendments.
The Local Planning Agency and City
Council reserve the right to continue or
postpone hearings to a date certain
without re -advertising. Pursuant to Sec-
tion 286.0105, Florida Statutes, the City
hereby advises the public that If a per-
son derides to appeal any dedsion made
by the City Council with respect to any
matter considered at this meeting, that
person will need a record of the pro-
ceedings, and for such purpose that per-
son may need to ensure that a verbatim
record of the proceedings is made,
which record indudes 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 accord-
ance with the Americans with Disabili-
ties Act: all interested parties may at-
tend this Public Meeting. The facility is
accessible to the physically handicapped.
Persons with disabilities needing assis-
tance to participate in the proceedings
should contact the Gty Clerk's office
(868-1220 x207 or x206) 48 hours in ad-
vance of the meeting.
KATHLEEN ALLEN
Notary Public
State of Wisconsin
Attachment 4
FLORIDACOMMERCE
Ron DeSantis
J. Alex Kelly
November 20, 2023
The Honorable Wes Morrison
Mayor, City of Cape Canaveral
100 Polk Avenue
P.O Box 326
Cape Canaveral, Florida 32920
Dear Mayor Morrison:
Attachment 5
The Florida Department of Commerce (FloridaCommerce) has reviewed the proposed
comprehensive plan amendment for the City of Cape Canaveral (Amendment No. 23-01ESR)
received on October 24, 2023. The review was completed under the expedited state review
process. We have no comment on the proposed amendment.
The City should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance, we have enclosed the procedures for adoption and
transmittal of the comprehensive plan amendment. In addition, the City is reminded that:
• Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments
directly to the City. If the City receives reviewing agency comments and they are not
resolved, these comments could form the basis for a challenge to the amendment
after adoption.
• The second public hearing, which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of
agency comments or the amendment shall be deemed withdrawn unless extended by
agreement with notice to FloridaCommerce and any affected party that provided
comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S.
• The adopted amendment must be transmitted to FloridaCommerce within ten
working days after the second public hearing pursuant to 163.3184(3)(c)2., F.S. Under
Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after
FloridaCommerce notifies the City that the amendment package is complete or, if
challenged, until it is found to be in compliance by FloridaCommerce or the
Administration Commission.
Caldwell Building 1107 E. Madison Street Tallahassee, FL 32399
850.245.7105 I www.FloridaJobs.org I Twitter: @FLACommerce
An equal opportunity employer/program. Auxiliary aids and service are available
upon request to individuals with disabilities. All voice telephone numbers on this
document may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 711.
The Honorable Wes Morrison
November 20, 2023
Page 2 of 2
If you have any questions concerning this review, please contact Adrian Young, Planning
Analyst, by telephone at (850)-717-8515 or by email at adrian.young@commerce.fl.gov.
mes D. Stansbury, C 'ef
ureau of Community Planning and Growth
J DS /ay
Enclosure(s): Procedures for Adoption
cc: Kyle Harris, Senior Planner, City of Cape Canaveral
Tara McCue, East Central Florida Regional Planning Council Executive Director
Caldwell Building 1107 E. Madison Street Tallahassee, FL 32399
850.245.7105 I www.Floridalobs.org I Twitter: @FLACommerce
An equal opportunity employer/program. Auxiliary aids and service are available
upon request to individuals with disabilities. All voice telephone numbers on this
document may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 711.
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.3184(3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
electronic amendment submittal portal "Comprehensive Plan and Amendment Upload"
(https://fldeo.my.salesforce-sites.comLc:24 or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Identify if concurrency has been rescinded and indicate for which public facilities.
(Transportation, schools, recreation and open space).
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
Revised: July 2023 Page 1
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendments, an adopted future land use map, in color
format, clearly depicting the parcel, its future land use designation, and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of the executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for expedited review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If the amendment is timely challenged, this amendment shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance."
List of additional changes made in the adopted amendment that the State Land Planning Agency
did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
State Land Planning Agency in response to the comment letter from the State Land Planning Agency.
Revised: July 2023 Page 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary
District Regulations, Division 2. — Offstreet Parking Related to Minimum Parking Requirements for
Restaurants, Bars, Clubs and Lodges; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, second reading.
Department: Community and Economic Development
Summary: At its December 20, 2022 Regular Meeting, the City Council heard from patrons of Ellie
Mae's Tiki Bar, located at 120 Jackson Avenue, that City parking requirements are overly
burdensome. Council requested that Staff and the Planning and Zoning Board (Board) review
current off-street parking standards related to bars and restaurants and determine if a Code change
is needed (Attachment 1).
At its July 12, 2023 and September 14, 2023 Regular Meetings, the Board discussed the matter to
include potential alternatives to the current parking requirements for bars and restaurants. These
standards are located in Sec. 110-491 of the City's Code, and require one (1) off-street parking
space for every three seats in a bar or restaurant.
To provide context for the discussion, the Board was provided a summary of relevant City policy
regarding planning for transportation and parking facilities, to include:
• 2019's Resilient Cape Canaveral Plan (RCCP) states that the City: "Assess local codes to
minimize the land area devoted to parking by reducing parking stall dimensions,
promote shared parking and reduce the minimum number of parking spaces required.
This will result in a reduction of impervious pavement and will lead to decreased
stormwater runoff, increased natural filtration, reduction of the heat island effect, and
an improvement to water quality."
• 2021's Resilient Cape Canaveral Action Plan (CCAP) states: "Accessible, clean and safe
modes of transportation are key factors in designing a community that is "bikeable and
walkable". The City's Vision Statement prioritizes a transportation system that does not
solely rely on cars as the primary form of transportation, but instead encourages
alternative modes. Because transportation design in the US is moving away from
roadway designs that prioritize the automobile, the streets of tomorrow will be designed
to safely and efficiently incorporate pedestrian, bike, scooter and vehicle traffic.
Commonly known as Complete Streets, this type of transportation thinking allows for
communities to plan for multiple modes of travel for all ages and abilities to include
designs that utilize ADA compliant principals. In the City of Cape Canaveral (1.9 square
miles) walking and biking is vital and often utilized as a primary mode of transportation."
Since the early 1980's there have been no Code revisions related to the City's minimum offstreet
parking requirements (see Sec. 110-491 — Number of Spaces Required). However, with the adoption
of Ordinance No. 06-2020, the Council began implementing parking space reductions on an
incentive basis using recommendations contained in the 2019 RCCP, to include parking space
reductions for:
• Substitution of up to 30 percent of required parking with compact vehicle parking;
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 4_
Page 2 of 3
• Reduction of up to 10 percent of the required parking spaces, provided that 10 percent
or more of the required spaces use a pervious, hard surface; and
• Substitution of up to 5 percent of required automobile parking with motorcycle spaces.
As part of its due diligence, Staff surveyed parking best practices used by other municipalities
(Attachment 2); among these alternatives, the majority base the number of parking spaces on one
or more of the following:
• Number of seats;
• Square footage (calculated by gross floor area, outside floor area, or service area only);
• Number of employees; or
• Maximum occupancy capacity.
The Board considered options to traditional modes of personal transportation since the Code was
written to include walking, biking, ride sharing services, etc., and how this affects the need for City
required off-street parking standards.
Peg Schaller, the owner of Ellie Mae's, spoke and suggested that there are many options for a
patron who is travelling to her establishment to use other than an automobile. She stated that her
business continues to be successful after four years with only a limited number of parking spaces.
She suggested that the private market should address parking, not the City.
The Board heard testimony that a continuation of the current Code Enforcement Stay, related to
off-street parking which the Council established in August of 2022, would be detrimental to local
businesses as they cannot make plans without some direction on the matter from the City. The
Board also discussed the City's potential role in providing public parking, particularly through the
Community Redevelopment Agency. Finally, the Board found that should there be unforeseen
issues related to the elimination of off-street parking for bars and restaurants in the future, the
issue could be revisited by the Board and appropriate Code changes recommended to the Council.
While existing parking requirements for restaurants and bars do not address all scenarios, they have
been generally effective in providing the required number of parking spaces for bars and
restaurants. In the past 10 years, Staff is aware of only two situations where the lack of parking at a
bar or restaurant became a City code enforcement issue. These include the expansion of Preachers
Bar at 8699 Astronaut Boulevard and the expansion of Southern Charm restaurant at 8501
Astronaut Boulevard. The former was addressed through a Unity of Title action, where the owner
purchased an adjacent property for parking, and the latter was resolved by reconfiguring the site
layout to provide additional parking.
As part of Staff's presentation to the Board, an alternative to a City-wide repeal was introduced that
would limit eligibility for reductions to offstreet parking requirements to certain parts of the City.
The intent was to use locational criteria found in more traditional neighborhood settings to support
parking reductions, as this setting provides more access via walking, biking, etc. Proposed standards
included:
1. Access to the bar/restaurant be limited to a two-lane public road;
2. Access to the bar or restaurant property cannot be via A1A; and
3. Signage be limited to a single ground sign no more than four (4) feet in height, which
cannot be visible to/from SR A1A.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 4_
Page 3 of 3
At the conclusion of the September 13, 2023 Public Hearing (Attachment 3), the Board unanimously
recommended the Council eliminate minimum off-street parking requirements for bars and
restaurants in all zoning districts.
To this end, the City Attorney prepared Ordinance No. 12-2023 (Attachment 4), that also requires
that new parking spaces, drive aisles and drives be subject to the City's site plan approval process.
Canaveral Fire Rescue and the Brevard County Sheriff's Office have reviewed the proposed
Ordinance. Neither had comments.
At its November 21, 2023 Regular Meeting, the Council unanimously approved Ordinance No. 12-
2023. However, the Council expressed its desire to expand the elimination of off-street parking
requirements to include clubs and lodges. The Council also requested the number of clubs and
lodges located in the City be provided at second reading of the Ordinance.
Although clubs and lodges are listed permitted uses within the C-1 and C-2 zoning districts, Code
does not provide a definition of either. As undefined terms at this time, Staff is unable to determine
the actual number of clubs or lodges in the City. However, according to Staff's common
understanding of what a club and lodge is within the City, three existing establishments have been
identified exhibiting these characteristics. These include: 1 - the VFW Post 10131, which is listed as
a non-profit with a City Business Tax Receipt (BTR) for restaurant/bar/other coin -operated
machines; 2 - the American Legion Post 348, which is also listed as a non-profit with a BTR for
bar/food/coin machines; and, 3 - the Union Hall of the International Association of Machinists and
Aerospace Workers.
For these reasons, the proposed Ordinance has been revised from first reading to include:
1. An expansion of the off-street parking exemption to include clubs and lodges; and
2. A definition for clubs and lodges — "Buildings and facilities owned or operated by a
corporation, association, person or persons for a fraternal, veteran, social, educational or
recreational purpose, but not primarily for profit nor to render a service which is
customarily carried on as a business. The use of such buildings or facilities tend to be
restricted to the members of these organizations and their guests. ".
The Notice of Hearing ran in the December 7, 2023 edition of Florida Today, and the Ordinance is
now presented for second reading and final adoption.
Submitting Department Director: David Dickey
Attachments:
1. City Council Regular Meeting Minutes — December 20, 2022
2. Municipal Parking Survey
3. Planning and Zoning Board Regular Meeting Minutes — September 13, 2023
4. Ordinance No. 12-2023
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 12-2023 on second reading.
Approved by City Manager: Todd Morley
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 3 of 6
Attachment 1
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 Defoe-Surprenant, and
further discussed the intention of the proposed multi -generational Plan which will extend into the
middle of the century. Kimley-Horn Vice -President Kelley Klepper and Senior Planner Colleen
McGue presented the Plan to Council. Council thanked the Kimley-Horn Team and Staff.
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 outreach meetings 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, the Planning and Zoning Board and Staff could provide similar levels
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 City Staff with
impartial, third -party peer -reviewed research and data gathered 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 A1A,
differences between businesses and other drinking establishments, 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
Board end up being unsuccessful, desire to study and discuss purchasing procedures of public
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 4 of 6
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 concerns over 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 proceed. 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 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 a 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 that 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 to 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 which 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, and advised how the Code's Lot Split criteria are
applicable to 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 alternative of a variance not being at issue,
explained setback requirements that apply to the Lot and not the tax parcel, and the need to
Attachment 2
Restaurant Parking Survey
City Regulation
Cape Sec. 110-491(1):One space for each three seats
Canave
ral, FL
Boca Sec. 28-1655 (p)
Raton, Restaurants, bars and nightclubs: 1 motor vehicle parking space for each 35 square feet of
FL gross floor area excluding food preparation areas, drink preparation areas, storage areas
and other areas not directly utilized by the public in patronizing such establishments, plus 1
motor vehicle parking space for each 2 linear feet of bar. As an alternative,with respect to
a restaurant which may be located as a defined permitted accessory use in a zoning district
in a building which is primarily devoted to permitted non-accessory uses, parking may be
provided based on a study using the methodology established in the "Shared Parking Study
and Analysis" of the Urban Land Institute, 1983, as it may be amended from time to time.
Bicycle parking spaces: 5 percent of required number of motor vehicle parking spaces; at
least 40 percent should be long term and at least 40 percent short term.
Clermo Sec. 98-14. 1 space per Per 4 Seats (including outdoor seating), plus 1 space for each four
nt, FL employees. In the Central Business District, 0.5 spaces per Per 4 Seats (including outdoor
seating), plus 1 space for each four employees.
Cocoa, Sec. 1(d)(39). Free-standing, traditional restaurants shall provide One(1) space per each
FL three (3) seats or seating places.Traditional restaurants within a multi-use or mixed-use
building shall provide one (1) space per each four (4) seats or seating places; one(1) space
per employee on the largest working shift. Restaurants with no seating shall provide one
(1) space per employee on the largest working shift. If a pickup area is provided,three (3)
additional spaces shall be provided. Fast-food restaurants shall provide one (1) space per
two hundred(200) square feet, plus five (5) stacking spaces for drive-through.Traditional
and fast-food restaurants shall be subject to section (d)(47), parking area ratio.
Open-air seating shall be calculated at 50%of the above rates. Approved sidewalk cafes
located on public right-of-way are exempt from parking requirements.
Dunedi 105-24.4.8- Bicycle Oriented
n, FL The Planning & Development Director may authorize up to a two-space reduction in the
number of required off-street parking spaces for developments that provide a decorative
bike rack capable of holding ten bicycles.
Naples, Sec. 50-104(15) Restaurants, cocktail lounges and private or public clubs which serve food
FL or beverages: One space per 100 square feet of gross floor area.
Sec. 56-126(d)(2)(f). Parking requirements will be three spaces for every 1,000 square feet
of outdoor dining area.
Mt. 6.5.2(2)(c). Restaurants and other eating establishments: One space for each four seats
Dora plus one space for each employee on the largest shift.
Tamara 10-43 (D)(2) Food and Beverage Services - 1 per 100 SF
c, FL
Brevard Sec. 62-3206(c)(29) Restaurants, cocktail lounges and other eating and drinking
County establishments: one space for every 100 square feet of gross floor area of the building
including outdoor seating.
Aventur Sec. 31-171(b)(10) Restaurants, traditional. One space per 200 square feet gross floor area.
a, FL
Venice, Table 3.6.3 Bars and Taverns, Brewpub, QSR, SDR: Minimum: 6 per 1,000 SF; Maximum: 10
FL per 1,000 SF
Parking requirements may be modified through an Alternative Parking Plan (APP) done by a
registered professional engineer or certified land use planner.
Stuart, Sec. 6.01.09 Restaurant, General: 1 per 3 seats based on the maximum seating capacity of
FL the building, plus 1 space per employee
Sec. 6.01.19.—Payment in lieu of parking program - In lieu of providing up to three parking
spaces required for any use located in Stuart Community Redevelopment Area, a developer
may pay into the "Stuart Payment in Lieu of Parking Trust Fund" a sum of money that is the
product of the number of parking spaces required but not provided and the current cost to
provide a single parking space in the Stuart Community Redevelopment Area. ($9,465 per
parking space as determined by Public Works Director using formula found here:
https://library.municode.com/fl/stuart/codes/land development code?nodeld=CHVITEOT
EDEST 6.01.00TRSY 56.01.19PALIPAPR)
Fairfax Restaurants<5,000 sf: 10 per 1,000 SF
County, Restaurants>5,000 sf: 11 per 1,000 SF
VA Outdoor seating (<5,000 SF): Up to 20 seats excluded from parking calculations
Outdoor seating (>5,000 SF): Up to 32 seats excluded from parking calculations
Collier Sec. 4.05.04: 1 per 60 square feet for public use areas including outdoor eating areas or 1
County, per 2 seats, whichever is greater, and for non public use areas (kitchen, storage freezer,
FL etc.) 1 per 200 square feet.
City Manager or designee may determine that the required number of spaces is excessive
for a specific use based upon an analysis of factors. Landscaping shall be substituted in lieu
of parking with said areas reserved for future parking.
Fort Sec. 47-20.2: Restuarants<4,000 sf: 1 per 100 sf gfa; including outdoor dining area on the
Lauderd site
ale, FL Restaurants>4,000 sf: 1 per 30 sf customer service area including outdoor dining area on
the site + 1 per 250 gross floor area
Seattle, Sec. 23.54.015: No parking required for first 2,500 gfa for non-residential uses; then, 1 per
WA 250 sf
Pompa Table 155.5102.D.1: 1 per 4 persons of maximum occupancy capacity of customer service
no area(s).
Beach,
FL
Decatur Sec. 7.1.3: Minimum: 1 per 500 gfa; Maximum: 1 per 200 gfa
, GA
Dundee Sec. 3.03.02: 0.4 per seat; up to 30%of parking can be reduced by paying in-lieu fee to be
, FL determined by commission
25% reduction in downtown parking district
Attachment 3
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — September 13, 2023
Page 2 of 4
current opinions of the City's development and how he can contribute to the Board and City. Vice
Chairman Price motioned to recommend Mr. Sharpe's application to the Council for
acceptance as a Member of the Planning and Zoning Board, Board Member Stroud
seconded the motion. The motion carried unanimously.
B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings):
3. Consideration of Ordinance No. XX-2023 to amend the City 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.
Mr. Harris informed the Board the ordinance is ready for final consideration, and to be presented
to Council. He shared a slide presentation to review the MXU Land Use requirements. Discussion
ensued involving criteria for live -work units in industrial and commercial zoning districts, larger
high -quality projects which will have greater impact, and the requirement for an extensive
submittal package from the applicant. Mr. Dickey discussed the heightened public involvement
proposed in the Ordinance. Chairman Russell had a concern regarding the language in Objective
LU-1.8.B, line 291 stating "accessory" vs. "complimentary" when describing land development
regulations regarding residential units. He suggested amending the verbiage to state
"complimentary." Attorney Garganese reminded the Board that the current Comprehensive Plan
directs the city to establish a mixed used designation, which is the purpose of the proposed
Ordinance. Chairman Russell opened the floor to the public. Mr. Daniel Sharpe shared his
observations of what can be expected from developers due to mix of uses. He feels the new
ordinance will be beneficial to the City, and that Code restrictions will discourage development.
Mixed -use living with retail, bars, entertainment, arts and culture is needed. This type of
development in the Economic Opportunity Overlay District will draw people. Chairman Russell
thanked Mr. Sharpe for his comments, and thanked Staff for preparing the Ordinance. He closed
Public Comments. Vice Chairman Price motioned to recommend approval of the Ordinance,
as amended to include the term complimentary, seconded by Board Member Denny. The
vote carried unanimously.
4. Discuss potential alternatives to the current parking requirements for
restaurants/bars specified in Sec. 110-491 of the Cape Canaveral's Land
Development Regulations.
Mr. Harris reintroduced the restaurants/ bars parking surveys from July's meeting depicting
parking in various municipalities across the state and country. He asked the Board for
recommendations/ideas. Mr. Dickey shared with the Board some background as to why the
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — September 13, 2023
Page 3 of 4
Council tasked the Board to make recommendations for bars and restaurants parking policies. He
informed the Board Staff has included some suggestions in the Agenda Packet to consider.
Discussion ensued regarding reasons to adopt alternate parking requirements for bars/
restaurants, parking policies in various municipalities, public parking lots, parking garages and
bike racks. Board Member Denny reminded the Board of her research, which she presented at the
July meeting, of municipalities that repealed parking requirements and how they have been
successful. Peg Schaller reintroduced herself and shared her personal experience and concerns
with parking at her business, Ellie Mae's Tiki Bar at 116 Jackson Avenue, Cape Canaveral. She
believes the parking requirements should be driven by the private market, not the City. She
informed the Board of the urgent nature of this matter as she is trying to make Tong -term business
decisions and parking is a consideration. Discussion continued between the Board and Staff
regarding the Community Redevelopment Agency (CRA) funding projects such as a public parking
lot, indefinite stay versus parking enforcement, and how parking affects the City's overall success.
Board Member Miller suggested to repeal the parking requirements to avoid penalizing
businesses and to discuss parking garages and other options at later meetings. Mr. Dickey
informed the Board he has been contacted by several businesses wanting to come to Cape
Canaveral due to growth and success of the City. He wants the synergy to continue. Chairman
Russell invited Mr. Daniel Sharpe to speak. Mr. Sharpe agreed with the synergy needing to
continue as developers need to understand what their opportunities are. Now is the time to make
a decision and if adjustments are needed in the future, that can be addressed later. Additionally,
he encouraged the Board to reconsider the height Ordinance. Vice Chairman Price motioned to
recommend to City Council to eliminate minimum off-street parking requirements for bars
and restaurants in all zoning districts, seconded by Board Member Miller. The vote carried
unanimously.
Chairman Russell recessed the meeting at 7:58 p.m. The meeting reconvened at 8:08 p.m.
5. Hilton Garden Inn — PIN# 24-37-15-00-804 — Site Plan Approval.
Mr. Harris shared a slide presentation which included general information of the Owner and
Applicant, McKibbon Hotel Group Inc. The parcel is zoned is C2 as well as C2 Future Land Use,
and is located within the Al A Economic Opportunity Overlay District (EOOD) and the Community
Redevelopment Area. This hotel structure was approved by the Community Appearance Board on
January 25, 2023 with conditions. Mr. Dickey indicated the application is consistent with the
applicable Codes. He stated that the City Engineer had recommended approval of the site plan.
He stated that site plan approval is largely a technical review, which ensures a project is consistent
with the City Code. Staff recommends the Board recommend approval of the site plan. The Board
invited Mike Allen with Allen Engineering to the podium. Discussion ensued with questions and
answers regarding this site design. Mr. Harris added to the discussion that there will be permeable
pavement and EV charging stations at this site. Board Member Stroud motioned to recommend
approval of this project, second by Board Member Denny. The vote carried unanimously.
Attachment 4
1 ORDINANCE NO. 12-2023
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 110 - ONING,
5 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION
6 2. — OFFSTREET PARKING RELATED TO MINIMUM PARKING
7 REQUIREMENTS FOR RESTAURANTS, BARS, CLUBS AND LODGES
8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
10 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law; and
15
16 WHEREAS, the City Council is aware that in recent years some local governments have
17 reformed their respective local offstreet parking requirements by reducing or eliminating the
18 minimum number of offstreet parking spaces for new development and redevelopment for a
19 variety of land uses; and
20
21 WHEREAS, these local governments considered a variety of stated objectives such as
22 prioritizing limited space and promoting people over parking, reducing development costs,
23 reducing excess parking, promoting shared parking, reducing traffic by promoting bikeability and
24 walkability improvements to businesses, revitalizing underutilized buildings, increasing tax
25 revenue by prioritizing increased building intensities over parking spaces, providing site
26 development flexibility, boosting small businesses, encouraging infill development, promoting
27 housing development and addressing environmental sustainability concerns; and
28
29 WHEREAS, the City Council recognizes that the City of Cape Canaveral is a barrier island
30 with a limited total geographical area of 2.3 square miles and that space for commercial,
31 residential, industrial, recreational, conservation, and other uses is very limited and constrained;
32 and
33
34 WHEREAS, the City Council desires to take an incremental approach to eliminating the
35 minimum number of offstreet parking spaces for only restaurants, bars, clubs and lodges to
36 promote the creation of traditional public gathering spaces frequently desired and visited by the
37 citizens of Cape Canaveral; and
38
39 WHEREAS, even though the minimum number of offstreet parking spaces is being
40 eliminated for restaurants, bars and clubs and lodges, the City Council expects that developer,
41 business owners and organizations will still have a strong incentive during the site plan approval
42 process to manage and optimize the number of parking spaces to successfully support the parking
City of Cape Canaveral
Ordinance No. 12-2023
Page 1 of 4
1 demands generated by their restaurants, bars, and clubs and lodges; and
2
3 WHEREAS, the Planning & Zoning Board recommended approval of eliminating the
4 minimum number of offstreet parking spaces for restaurants and bars at a duly held public
5 meeting on September 13, 2023, and the City Council expressed a desire, at its November 21,
6 2023 meeting, to also include clubs and lodges which are listed as a separate permitted land use
7 in the Zoning Code; and
8
9 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
10 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
11 Cape Canaveral.
12
13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
14 ORDAINS, AS FOLLOWS:
15 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
16 this reference as legislative findings and the intent and purpose of the City Council of the City of
17 Cape Canaveral.
18
19 Section 2. Amending Chapter 110 — Section 110-1. Definitions and Article IX. —
20 Supplementary District Regulations, Division 2. — Offstreet Parking. The City of Cape
21 Canaveral Code of Ordinances, Chapter 110 — Zoning Article I. — In General, Section 110-1
22 Definitions and Article IX. — Supplementary District Regulations, Division 2. — Offstreet Parking is
23 hereby amended as set forth below (underlined type indicates additions and strikeout type
24 indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 110 — Zoning,
25 Article I. — In General, Section 110-1 Definitions and Article IX. — Supplementary District
26 Regulations, Division 2. — Offstreet Parking shall remain unchanged in the City Code):
27
28 CHAPTER 110 - ONING
29
30 ARTICLE I. — In General.
31
32 Sec. 110-1. — Definitions.
33
34 The following words, terms and phrases, when used in this chapter, shall have the meanings
35 ascribed to them in this section, except where the context clearly indicates a different meaning:
36
37 ***
38 Clubs and lodges. Buildings and facilities owned or operated by a corporation, association, person
39 or persons for a fraternal, veteran, social, educational or recreational purpose, but not primarily
40 for profit nor to render a service which is customarily carried on as a business. The use of such
41 buildings or facilities tend to be restricted to the members of these organizations and their guests.
City of Cape Canaveral
Ordinance No. 12-2023
Page 2 of 4
1 ***
2
3 ARTICLE IX. — Supplementary District Regulations
4
5 ***
6 Division 2. — Offstreet Parking
7 Sec. 110-491. — Number of spaces re uired.
8 There shall be provided at the time of the erection or change of use of any main building or
9 structure or at the time any main building or structure is enlarged or increased in capacity, by
10 adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking
11 space with adequate provisions for ingress or egress in accordance with the following:
12
13 (1) Auditoriums, theatres, clubs, lodges, restaurants and other places of assembly excluding
14 restaurants, bars, and clubs and lodges which shall be subject to section 110-498. One space for
15 each three seats or seating places or one space for every 100 square feet of floor area of the main
16 assembly hall, whichever is greater.
17
18 ***
19 Sec. 110-498. — Restaurants and Bars Clubs and Lodges — Offstreet Parking.
20
21 There shall be no minimum number of offstreet automobile parking spaces required for
22 restaurants, bars and clubs and lodges. However, any offstreet parking spaces, access drives and
23 aisles proposed for a restaurant, bar and club and lodge shall be subject to the site plan approval
24 process and other applicable provisions of the City Code.
25
26 Sec. 110-4989-110-505. — Reserved.
27
28 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
29 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
30 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
31
32 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
33 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
34 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
35 and like errors may be corrected and additions, alterations, and omissions, not affecting the
36 construction or meaning of this ordinance and the City Code may be freely made.
37
38 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
39 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
40 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
City of Cape Canaveral
Ordinance No. 12-2023
Page 3 of 4
1 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
2 the validity of the remaining portions of this Ordinance.
3
4 Section 6. Effective Date. This Ordinance shall become effective immediately upon
5 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
6 Charter.
7
8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
9 December, 2023.
10
11
12 Wes Morrison, Mayor
13
14
15
16
17 ATTEST:
18
19 For Against
20
21 Mia Goforth, CMC Kim Davis
22 City Clerk
23 Kay Jackson
24
25 Mickie Kellum
26
27 Wes Morrison
28
29 Don Willis
30
31 First Reading: November 21, 2023
32 Advertisement: December 7, 2023
33 Second Reading: December 19, 2023
34
35 Approved as to legal form and sufficiency
36 for the City of Cape Canaveral only by:
37
38
39 Anthony A. Garganese, City Attorney
40
City of Cape Canaveral
Ordinance No. 12-2023
Page 4of4
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Ordinance No. 01-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally described as
Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in Plat Book 40, Page 17,
of the Public Records of Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667,
8668, and 8671 Maple Court from C-1 Commercial to R-2 Residential; providing the property
subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading; and
Ordinance No. 02-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in Plat Book
40, Page 17, of the Public Records of Brevard County, Florida and located at 8657, 8659, 8661, 8663,
8665, 8667, 8668, and 8671 Maple Court from the current City C-1 Low Density Commercial Zoning
District Designation to the City R-2 Medium Density Residential Zoning District Designation;
providing the property subject to this Ordinance is more particularly depicted and legally described
on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 5_
Page 2 of 3
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Subsequent to the Planning & Zoning Board/Local Planning Agency meeting, it was determined
the Ordinance titles needed to be amended to correct a typo from 8668 Maple Court to 8669 Maple
Court. The Ordinance titles will be updated before the second reading at the January 16, 2023 City
Council meeting.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 01-2024
2. Ordinance No. 02-2024
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 5
Page 3 of 3
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 01-2024 and 02-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1 ORDINANCE NO. 01-2024
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
5 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
6 LAND USE MAP DESIGNATION OF SEVERAL PARCELS OF
7 PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 8,
8 OCEAN COURT, ACCORDING TO THE PLAT THEREOF, AS
9 RECORDED IN PLAT BOOK 40, PAGE 17, OF THE PUBLIC
10 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
11 8657, 8659, 8661, 8663, 8665, 8667, 8668, AND 8671
12 MAPLE COURT FROM C-1 COMMERCIAL TO R-2
13 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO THIS
14 ORDINANCE IS MORE PARTICULARLY DEPICTED AND
15 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
16 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
17 ORDINANCES AND RESOLUTIONS, SEVERABILITY,
18 INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN
19 EFFECTIVE DATE.
20
21 WHEREAS, the future land use map amendment embodied in this Ordinance is a
22 small scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with
23 section 163.3187(1)(c), Florida Statutes; and
24
25 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
26 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on
27 the proposed Comprehensive Plan Amendment and considered findings and advice of staff,
28 citizens, and all interested parties submitting written and oral comments and has recommended
29 adoption to the City Council; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed
32 public hearing on the proposed amendment set forth hereunder and considered findings and
33 advice of staff, citizens, and all interested parties submitting written and oral comments and
34 supporting data and analysis, and after complete deliberation, hereby approves and
35 adopts the Comprehensive Plan Amendment set forth hereunder; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
38 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
39
City of Cape Canaveral
Ordinance No. 01-2024
Page 1 of 3
40 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
41 ORDAINS, AS FOLLOWS:
42
43 Section 1. Recitals. The foregoing recitals are true and correct and are fully
44 incorporated herein by this reference.
45
46 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
47 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
48
49 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
50 this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the
51 City of Cape Canaveral Comprehensive Plan.
52
53 Section 4. Adoption of Amendment to the Future Land Use Map. The City of Cape
54 Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating the
55 real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
56 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
57
58 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
59 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
60 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
61
62 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
63 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
64 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
65 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
66 of the remaining portions of this Ordinance.
67
68 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
69 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
70 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
71 number or letter and any heading may be changed or modified as necessary to effectuate the
72 foregoing.
73
74 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
75 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
76 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
77 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
78 Agency or the Administration Commission issues a final order determining the adopted small
City of Cape Canaveral
Ordinance No. 01-2024
Page 2 of 3
79 scale Comprehensive Plan Amendment is in compliance. No development orders, development
80 permits, or land use dependent on this Amendment may be issued or commenced before it has
81 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
82 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
83 become a part of that plan and the Amendments shall have the legal status of the City of Cape
84 Canaveral Comprehensive Plan, as amended.
85
86 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
87 , 2024.
88
89
90 Wes Morrison, Mayor
91
92 ATTEST: For Against
93
94 Kim Davis
95
96 Mia Goforth, CMC Kay Jackson
97 City Clerk
98 Mickie Kellum
99
100 Wes Morrison
101
102 Don Willis
103
104
105 First Reading: December 19, 2023
106 Advertisement:
107 Second Reading:
108
109
110
111 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114
115 Anthony A. Garganese, City Attorney
116
City of Cape Canaveral
Ordinance No. 01-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 01-2024
Legend
Ocean Court
24-37-14-72-*-1
24-37-14-72-*-2
24-37-14-72-*-3
24-37-14-72-*-4
24-37-14-72-*-5
24-37-14-72-*-6
24-37-14-72-*-7
24-37-14-72-*-8
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ocean Court
8671 MAPLE CT CAPE CANAVERAL FL 32920
8669 MAPLE CT CAPE CANAVERAL FL 32920
8667 MAPLE CT CAPE CANAVERAL FL 32920
8665 MAPLE CT CAPE CANAVERAL FL 32920
8663 MAPLE CT CAPE CANAVERAL FL 32920
8661 MAPLE CT CAPE CANAVERAL FL 32920
8659 MAPLE CT CAPE CANAVERAL FL 32920
8657 MAPLE CT CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 02-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS LOTS 1 THROUGH 8, OCEAN COURT,
8 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
9 BOOK 40, PAGE 17, OF THE PUBLIC RECORDS OF BREVARD
10 COUNTY, FLORIDA AND LOCATED AT 8657, 8659, 8661, 8663,
11 8665, 8667, 8668, AND 8671 MAPLE COURT FROM THE
12 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
13 DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
14 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
15 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
16 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
17 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
18 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
19 SEVERABILITY AND AN EFFECTIVE DATE.
20
21
22 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
23 State Constitution, to exercise any power for municipal purposes, except when expressly
24 prohibited by law; and
25
26 WHEREAS, the subject property owner desires to rezone the subject property to R-2
27 Medium Density Residential in order to construct residential units; and
28
29 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
30 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
31 and
32
33 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
34 have recommended approval of this Ordinance; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
37 hearing on the proposed zoning change set forth hereunder and considered findings and advice
38 of staff, citizens, and all interested parties submitting written and oral comments and supporting
39 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
City of Cape Canaveral
Ordinance No. 02-2024
Page 1 of 3
1 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
2 and substantial evidence supports the zoning change set forth hereunder; and
3
4 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
5 government purpose and is in the best interests of the public health, safety, and welfare of the
6 citizens of Cape Canaveral, Florida.
7
8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
9 ORDAINS, AS FOLLOWS:
10
11 Section 1. Recitals. The foregoing recitals are true and correct and are fully
12 incorporated herein by this reference.
13
14 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
15 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
16 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
17 for each of the real properties depicted and legally described on Exhibits "A" which is
18 attached and incorporated herein by this reference. City staff is hereby directed to promptly
19 amend the City's Official Zoning Map upon the effective date of this Ordinance.
20
21 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
22 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
23 the Official Records of Brevard County, Florida.
24
25 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
26 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
27 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
28
29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
31 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
32 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
33 the validity of the remaining portions of this Ordinance.
34
35 Section 6. Conditional Effective Date. This Ordinance shall become effective
36 immediately upon the effective date of Ordinance 01-2024 as adopted by the City Council of the
37 City of Cape Canaveral, Florida. If Ordinance 01-2024 does not become effective, then this
38 Ordinance shall become null and void.
39
City of Cape Canaveral
Ordinance No. 02-2024
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2 , 2024.
3
4
5 Wes Morrison, Mayor
6
7 ATTEST: For Against
8
9 Kim Davis
10
11 Mia Goforth, CMC Kay Jackson
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
16
17 Don Willis
18
19
20 First Reading:
21 Advertisement:
22 Second Reading:
23
24
25
26 Approved as to legal form and sufficiency
27 for the City of Cape Canaveral only by:
28
29
30 Anthony A. Garganese, City Attorney
31
City of Cape Canaveral
Ordinance No. 02-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 02-2024
Legend
Ocean Court
24-37-14-72-*-1
24-37-14-72-*-2
24-37-14-72-*-3
24-37-14-72-*-4
24-37-14-72-*-5
24-37-14-72-*-6
24-37-14-72-*-7
24-37-14-72-*-8
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ocean Court
8671 MAPLE CT CAPE CANAVERAL FL 32920
8669 MAPLE CT CAPE CANAVERAL FL 32920
8667 MAPLE CT CAPE CANAVERAL FL 32920
8665 MAPLE CT CAPE CANAVERAL FL 32920
8663 MAPLE CT CAPE CANAVERAL FL 32920
8661 MAPLE CT CAPE CANAVERAL FL 32920
8659 MAPLE CT CAPE CANAVERAL FL 32920
8657 MAPLE CT CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 03-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally described as
Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book 38, Page 74,
of the Public Records of Brevard County, Florida and located at lot, 104, 106, 108, 110, 112, 114,
116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from C-1 Commercial to
R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book
38, Page 74, of the Public Records of Brevard County, Florida and located at lot, 104 106, 108, 110,
112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases II (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 6_
Page 2 of 3
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Subsequent to the Planning & Zoning Board/Local Planning Agency meeting, it was determined
the Ordinance title needed to be amended to correspond the listed addresses with their correct
plat. The Ordinance titles will be updated before the second reading at the January 16, 2023 City
Council meeting.
Submittin • De • artment Director: David Dicke
Attachments:
1. Ordinance No. 03-2024
2. Ordinance No. 04-2024
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 6
Page 3 of 3
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 03-2024 and 04-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1
2 ORDINANCE NO. 03-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF SEVERAL PARCELS OF
8 PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 15, PARK
9 VILLAS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
10 PLAT BOOK 38, PAGE 74, OF THE PUBLIC RECORDS OF
11 BREVARD COUNTY, FLORIDA AND LOCATED AT 104, 106, 108,
12 110,112,114,116,118,120,122,124,126,128,130,132,AND
13 134 WASHINGTON AVENUE FROM C-1 COMMERCIAL TO R-2
14 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO THIS
15 ORDINANCE IS MORE PARTICULARLY DEPICTED AND LEGALLY
16 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
17 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
18 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
19 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
20
21 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
22 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
23 163.3187(1)(c), Florida Statutes; and
24
25 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
26 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
27 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
28 and all interested parties submitting written and oral comments and has recommended adoption
29 to the City Council; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
32 hearing on the proposed amendment set forth hereunder and considered findings and advice of
33 staff, citizens, and all interested parties submitting written and oral comments and supporting
34 data and analysis, and after complete deliberation, hereby approves and adopts the
35 Comprehensive Plan Amendment set forth hereunder; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
38 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
39
City of Cape Canaveral
Ordinance No. 03-2024
Page 1 of 3
40 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
41 ORDAINS, AS FOLLOWS:
42
43 Section 1. Recitals. The foregoing recitals are true and correct and are fully
44 incorporated herein by this reference.
45
46 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
47 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
48
49 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
50 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
51 the City of Cape Canaveral Comprehensive Plan.
52
53 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
54 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
55 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
56 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
57
58 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
59 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
60 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
61
62 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
63 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
64 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
65 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
66 the validity of the remaining portions of this Ordinance.
67
68 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
69 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
70 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
71 number or letter and any heading may be changed or modified as necessary to effectuate the
72 foregoing.
73
74 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
75 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
76 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
77 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
78 Agency or the Administration Commission issues a final order determining the adopted small
City of Cape Canaveral
Ordinance No. 03-2024
Page 2 of 3
79 scale Comprehensive Plan Amendment is in compliance. No development orders, development
80 permits, or land use dependent on this Amendment may be issued or commenced before it has
81 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
82 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
83 become a part of that plan and the Amendments shall have the legal status of the City of Cape
84 Canaveral Comprehensive Plan, as amended.
85
86 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
87 , 2024.
88
89
90 Wes Morrison, Mayor
91
92 ATTEST: For Against
93
94 Kim Davis
95
96 Mia Goforth, CMC Kay Jackson
97 City Clerk
98 Mickie Kellum
99
100 Wes Morrison
101
102 Don Willis
103
104
105 First Reading: December 19, 2023
106 Advertisement:
107 Second Reading:
108
109
110
111 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114
115 Anthony A. Garganese, City Attorney
116
117
City of Cape Canaveral
Ordinance No. 03-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 03-2024
1
177
.r-Prtrn Dur,
Legend
Park Villas
1
_ ,Carcoline
Strearmr.
C°Crier)
Li
N
Adam Alien e
24-37-14-QG-*-15.01
24-37-14-QG-*-15
24-37-14-PK-*-14
24-37-14-PK-*-13
24-37-14-PK-*-12
24-37-14-PK-*-11
24-37-14-PK-*-10
24-37-14-PK-*-9
24-37-14-PK-*-8
24-37-14-PK-*-7
24-37-14-PK-*-6
24-37-14-PK-*-5
24-37-14-PK-*-4
24-37-14-PK-*-3
24-37-14-PK-*-2
24-37-14-PK-*-1
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Park Villas
104 WASHINGTON AVE CAPE CANAVERAL FL 32920
106 WASHINGTON AVE CAPE CANAVERAL FL 32920
108 WASHINGTON AVE CAPE CANAVERAL FL 32920
110 WASHINGTON AVE CAPE CANAVERAL FL 32920
112 WASHINGTON AVE CAPE CANAVERAL FL 32920
114 WASHINGTON AVE CAPE CANAVERAL FL 32920
116 WASHINGTON AVE CAPE CANAVERAL FL 32920
118 WASHINGTON AVE CAPE CANAVERAL FL 32920
120 WASHINGTON AVE CAPE CANAVERAL FL 32920
122 WASHINGTON AVE CAPE CANAVERAL FL 32920
124 WASHINGTON AVE CAPE CANAVERAL FL 32920
126 WASHINGTON AVE CAPE CANAVERAL FL 32920
128 WASHINGTON AVE CAPE CANAVERAL FL 32920
130 WASHINGTON AVE CAPE CANAVERAL FL 32920
132 WASHINGTON AVE CAPE CANAVERAL FL 32920
134 WASHINGTON AVE CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 04-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS LOTS 1 THROUGH 15, PARK VILLAS,
8 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
9 BOOK 38, PAGE 74, OF THE PUBLIC RECORDS OF BREVARD
10 COUNTY, FLORIDA AND LOCATED AT 104, 106, 108, 110, 112,
11 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, AND 134
12 WASHINGTON AVENUE FROM THE CURRENT CITY C-1 LOW
13 DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION TO
14 THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
15 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
16 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
17 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
18 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
19 INCONSISTENT ORDINANCES AND RESOLUTIONS,
20 SEVERABILITY AND AN EFFECTIVE DATE.
21
22
23 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
24 the State Constitution, to exercise any power for municipal purposes, except when
25 expressly prohibited by law; and
26
27 WHEREAS, the subject property owner desires to rezone the subject property to R-2
28 Medium Density Residential in order to construct residential units; and
29
30 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
31 requirements for the City to consider a rezoning of real property within the City of Cape
32 Canaveral; and
33
34 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
35 have recommended approval of this Ordinance; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
38 hearing on the proposed zoning change set forth hereunder and considered findings and advice
39 of staff, citizens, and all interested parties submitting written and oral comments and supporting
City of Cape Canaveral
Ordinance No. 04-2024
Page 1 of 3
1 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
2 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
3 and substantial evidence supports the zoning change set forth hereunder; and
4
5 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
6 government purpose and is in the best interests of the public health, safety, and welfare of the
7 citizens of Cape Canaveral, Florida.
8
9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
10 ORDAINS, AS FOLLOWS:
11
12 Section 1. Recitals. The foregoing recitals are true and correct and are fully
13 incorporated herein by this reference.
14
15 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
16 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
17 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
18 for each of the real properties depicted and legally described on Exhibits "A" which is
19 attached and incorporated herein by this reference. City staff is hereby directed to promptly
20 amend the City's Official Zoning Map upon the effective date of this Ordinance.
21
22 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
23 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
24 the Official Records of Brevard County, Florida.
25
26 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
27 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
28 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
29
30 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
31 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
32 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
33 portion shall be deemed a separate, distinct and independent provision, and such holding shall
34 not affect the validity of the remaining portions of this Ordinance.
35
36 Section 6. Conditional Effective Date. This Ordinance shall become effective
37 immediately upon the effective date of Ordinance 03-2024 as adopted by the City Council of the
38 City of Cape Canaveral, Florida. If Ordinance 03-2024 does not become effective, then this
39 Ordinance shall become null and void.
City of Cape Canaveral
Ordinance No. 04-2024
Page 2 of 3
1
2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
3 , 2024.
4
5
6 Wes Morrison, Mayor
7
8 ATTEST: For Against
9
10 Kim Davis
11
12 Mia Goforth, CMC Kay Jackson
13 City Clerk
14 Mickie Kellum
15
16 Wes Morrison
17
18 Don Willis
19
20
21 First Reading: December 19, 2023
22 Advertisement:
23 Second Reading:
24
25
26
27 Approved as to legal form and sufficiency
28 for the City of Cape Canaveral only by:
29
30
31 Anthony A. Garganese, City Attorney
32
33
City of Cape Canaveral
Ordinance No. 04-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 04-2024
z
g
4
1.1
r
ee
au BoulLear
Can
carlo el al, Bot6emac CarLaver,a4 i3OuVeNial-di
1
"177
'''frtnri Dour,
Legend
Park Villas
Li
Adam Alien e
24-37-14-QG-*-15.01
24-37-14-QG-*-15
24-37-14-PK-*-14
24-37-14-PK-*-13
24-37-14-PK-*-12
24-37-14-PK-*-11
24-37-14-PK-*-10
24-37-14-PK-*-9
24-37-14-PK-*-8
24-37-14-PK-*-7
24-37-14-PK-*-6
24-37-14-PK-*-5
24-37-14-PK-*-4
24-37-14-PK-*-3
24-37-14-PK-*-2
24-37-14-PK-*-1
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Park Villas
104 WASHINGTON AVE CAPE CANAVERAL FL 32920
106 WASHINGTON AVE CAPE CANAVERAL FL 32920
108 WASHINGTON AVE CAPE CANAVERAL FL 32920
110 WASHINGTON AVE CAPE CANAVERAL FL 32920
112 WASHINGTON AVE CAPE CANAVERAL FL 32920
114 WASHINGTON AVE CAPE CANAVERAL FL 32920
116 WASHINGTON AVE CAPE CANAVERAL FL 32920
118 WASHINGTON AVE CAPE CANAVERAL FL 32920
120 WASHINGTON AVE CAPE CANAVERAL FL 32920
122 WASHINGTON AVE CAPE CANAVERAL FL 32920
124 WASHINGTON AVE CAPE CANAVERAL FL 32920
126 WASHINGTON AVE CAPE CANAVERAL FL 32920
128 WASHINGTON AVE CAPE CANAVERAL FL 32920
130 WASHINGTON AVE CAPE CANAVERAL FL 32920
132 WASHINGTON AVE CAPE CANAVERAL FL 32920
134 WASHINGTON AVE CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Ordinance No. 05-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally described as
the Oaks Condominium Phases I, II, III and IV and located at 201 International Drive from C-1
Commercial to R-3 Residential; providing the property subject to this Ordinance is more particularly
depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan
and an effective date, first reading; and
Ordinance No. 06-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as the Oaks Condominium Phases I, II, III and IV and located at 201 International Drive
from the current City C-1 Low Density Commercial Zoning District Designation to the City R-3
Medium Density Residential Zoning District Designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective
date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process. Because the parcels to the west of the subject property have R-3 zoning, it was decided
that the new zoning classification and FLUM designation of this parcel should also be R-3, as
opposed to R-2, which all other parcels in Phase IV are being rezoned to. This was decided in order
to avoid "spot zoning," which would occur if this property was rezoned to R-2.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases II (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 7
Page 2 of 2
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-3 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 05-2024
2. Ordinance No. 06-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 05-2024 and 06-2024 on first reading.
A • • roved b Cit Mana • er: Todd Morle
Attachment 1
1
2 ORDINANCE NO. 05-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION FOR SEVERAL PARCELS OF
8 PROPERTY LEGALLY DESCRIBED AS THE OAKS CONDOMINIUM
9 PHASES I, II, III AND IV AND LOCATED AT 201 INTERNATIONAL
10 DRIVE FROM C-1 COMMERCIAL TO R-3 RESIDENTIAL;
11 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
12 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
13 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
14 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
24 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
25 and all interested parties submitting written and oral comments and has recommended adoption
26 to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 05-2024
Page 1 of 3
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-3
53 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
54
55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
56 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
57 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
58
59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
60 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
61 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
62 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
63 the validity of the remaining portions of this Ordinance.
64
65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
66 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
67 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
68 number or letter and any heading may be changed or modified as necessary to effectuate the
69 foregoing.
70
71 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
72 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
73 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
74 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
75 Agency or the Administration Commission issues a final order determining the adopted small
76 scale Comprehensive Plan Amendment is in compliance. No development orders, development
77 permits, or land use dependent on this Amendment may be issued or commenced before it has
78 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
City of Cape Canaveral
Ordinance No. 05-2024
Page 2 of 3
79 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
80 become a part of that plan and the Amendments shall have the legal status of the City of Cape
81 Canaveral Comprehensive Plan, as amended.
82
83 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
84 , 2024.
85
86
87 Wes Morrison, Mayor
88
89 ATTEST: For Against
90
91 Kim Davis
92
93 Mia Goforth, CMC Kay Jackson
94 City Clerk
95 Mickie Kellum
96
97 Wes Morrison
98
99 Don Willis
100
101
102 First Reading: December 19, 2023
103 Advertisement:
104 Second Reading:
105
106
107
108 Approved as to legal form and sufficiency
109 for the City of Cape Canaveral only by:
110
111
112 Anthony A. Garganese, City Attorney
113
114
City of Cape Canaveral
Ordinance No. 05-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 05-2024
Legend
The Oaks
car arIt F4Drth
• South C4r-. r Ovi'i
oivs.de Drive
Int%matiori l Drive
P'
N
Exhibit "A"
LEGAL DESCRIPTION AND MAP
The Oaks Condominium
201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL
24-37-23-00-295.2-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL
24-37-23-00-294-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL
24-37-23-00-303-.XA 32920
24 37 23 00 304.2 .XA 201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL
32920
Attachment 2
1
2 ORDINANCE NO. 06-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS THE OAKS CONDOMINIUM PHASES I, II, III AND
8 IV AND LOCATED AT 201 INTERNATIONAL DRIVE FROM THE
9 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
10 DISTRICT DESIGNATION TO THE CITY R-3 MEDIUM DENSITY
11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
12 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
16 SEVERABILITY AND AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
20 State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
22
23 WHEREAS, the subject property owner desires to rezone the subject property to R-2
24 Medium Density Residential in order to construct residential units; and
25
26 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
27 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
28 and
29
30 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
31 have recommended approval of this Ordinance; and
32
33 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
34 hearing on the proposed zoning change set forth hereunder and considered findings and advice
35 of staff, citizens, and all interested parties submitting written and oral comments and supporting
36 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
37 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
38 and substantial evidence supports the zoning change set forth hereunder; and
39
40 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
City of Cape Canaveral
Ordinance No. 06-2024
Page 1 of 3
1 government purpose and is in the best interests of the public health, safety, and welfare of the
2 citizens of Cape Canaveral, Florida.
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
5 ORDAINS, AS FOLLOWS:
6
7 Section 1. Recitals. The foregoing recitals are true and correct and are fully
8 incorporated herein by this reference.
9
10 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
11 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
12 from C-1 Low Density Commercial District to R-3 Medium Density Residential District for each of
13 the real properties depicted and legally described on Exhibits "A" which is attached and
14 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
15 Official Zoning Map upon the effective date of this Ordinance.
16
17 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
18 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
19 the Official Records of Brevard County, Florida.
20
21 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
22 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
23 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
24
25 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
27 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
28 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
29 the validity of the remaining portions of this Ordinance.
30
31 Section 6. Conditional Effective Date. This Ordinance shall become effective
32 immediately upon the effective date of Ordinance 05-2024 as adopted by the City Council of the
33 City of Cape Canaveral, Florida. If Ordinance 05-2024 does not become effective, then this
34 Ordinance shall become null and void.
35
36 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
37 , 2024.
38
39
40 Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 06-2024
Page 2 of 3
1
2 ATTEST: For Against
3
4 Kim Davis
5
6 Mia Goforth, CMC Kay Jackson
7 City Clerk
8 Mickie Kellum
9
10 Wes Morrison
11
12 Don Willis
13
14
15 First Reading: December 19, 2023
16 Advertisement:
17 Second Reading:
18
19
20
21 Approved as to legal form and sufficiency
22 for the City of Cape Canaveral only by:
23
24
25 Anthony A. Garganese, City Attorney
26
27
City of Cape Canaveral
Ordinance No. 06-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 06-2024
Legend
The Oaks
car arIt F4Drth
• South C4r-. r Ovi'i
oivs.de Drive
Int%matiori l Drive
P'
N
Exhibit "A"
LEGAL DESCRIPTION AND MAP
The Oaks Condominium
201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL
24-37-23-00-295.2-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL
24-37-23-00-294-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL
24-37-23-00-303-.XA 32920
24 37 23 00 304.2 .XA 201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL
32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Ordinance No. 07-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several contiguous parcels of property generally
located between Washington Avenue and Adams Avenue and west of Poinsetta Avenue which are
legally described as Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto
recorded at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida located at 103,
105, 107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5
located on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams Avenue, and
Lots 14A, 14B, 14C and 14D of the Breezeway Townhouses according to the Plat thereto recorded
at Plat Book 31, Page 59 of the Public Records of Brevard County, Florida located at 120, 122, 124
and 126 Adams Avenue from C-1 Commercial to R-2 Residential; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation
into the Comprehensive Plan and an effective date, first reading; and
Ordinance No. 08-2024; adopting a Zoning Map Amendment of several contiguous parcels of
property generally located between Washington Avenue and Adams Avenue and west of Poinsetta
Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes according to
the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida
located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-1-4 and 24-
37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams
Avenue, and Lots 14A, 14B, 14C and 14D of the Breezeway Townhouses according to the Plat
thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard County, Florida located
at 120, 120, 122, 124 and 126 Adams Avenue from the current City C-1 Low Density Commercial
Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation;
providing the property subject to this Ordinance is more particularly depicted and legally described
on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process. Because the parcels to the west of the subject property have R-3 zoning, it was decided
that the new zoning classification and FLUM designation of this parcel should also be R-3, as
opposed to R-2, which all other parcels in Phase IV are being rezoned to. This was decided in order
to avoid "spot zoning," which would occur if this property was rezoned to R-2.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 8_
Page 2 of 3
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Submitting Department Director: David Dickey
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 8_
Page 3 of 3
Attachments:
1. Ordinance No. 07-2024
2. Ordinance No. 08-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 07-2024 and 08-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1
2 ORDINANCE NO. 07-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF SEVERAL CONTIGUOUS
8 PARCELS OF PROPERTY GENERALLY LOCATED BETWEEN
9 WASHINGTON AVENUE AND ADAMS AVENUE AND WEST OF
10 POINSETTA AVENUE WHICH ARE LEGALLY DESCRIBED AS LOTS 1
11 THROUGH 4 OF THE VILLAGIO TOWNHOMES ACCORDING TO
12 THE PLAT THERETO RECORDED AT PLAT BOOK 55, PAGE 92 OF
13 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
14 LOCATED AT 103, 105, 107 AND 109 WASHINGTON AVENUE,
15 VACANT TAX PARCELS 24-37-23-CG-1-4 AND 24-37-23-CG-1-5
16 LOCATED ON WASHINGTON AVENUE, TAX PARCEL 24-37-23-
17 CG-1-16 LOCATED AT 128 ADAMS AVENUE, AND LOTS 14A, 14B,
18 14C AND 14D OF THE BREEZEWAY TOWNHOUSES
19 ACCORDING TO THE PLAT THERETO RECORDED AT PLAT BOOK
20 31, PAGE 59 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
21 FLORIDA LOCATED AT 120, 122, 124 AND 126 ADAMS AVENUE
22 FROM C-1 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING
23 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
24 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
25 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
26 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
27 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
28 PLAN AND AN EFFECTIVE DATE.
29
30 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
31 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
32 163.3187(1)(c), Florida Statutes; and
33
34 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
35 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
36 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
37 and all interested parties submitting written and oral comments and has recommended adoption
38 to the City Council; and
39
City of Cape Canaveral
Ordinance No. 07-2024
Page 1 of 4
40 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
41 hearing on the proposed amendment set forth hereunder and considered findings and advice of
42 staff, citizens, and all interested parties submitting written and oral comments and supporting
43 data and analysis, and after complete deliberation, hereby approves and adopts the
44 Comprehensive Plan Amendment set forth hereunder; and
45
46 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
47 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
48
49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
50 ORDAINS, AS FOLLOWS:
51
52 Section 1. Recitals. The foregoing recitals are true and correct and are fully
53 incorporated herein by this reference.
54
55 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
56 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
57
58 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
59 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
60 of the City of Cape Canaveral Comprehensive Plan.
61
62 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
63 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
64 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
65 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
66
67 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
68 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
69 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
70
71 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
72 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
73 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
74 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
75 the validity of the remaining portions of this Ordinance.
76
77 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
78 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
City of Cape Canaveral
Ordinance No. 07-2024
Page 2 of 4
79 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
80 number or letter and any heading may be changed or modified as necessary to effectuate the
81 foregoing.
82
83 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
84 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
85 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
86 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
87 Agency or the Administration Commission issues a final order determining the adopted small
88 scale Comprehensive Plan Amendment is in compliance. No development orders, development
89 permits, or land use dependent on this Amendment may be issued or commenced before it has
90 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
91 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
92 become a part of that plan and the Amendments shall have the legal status of the City of Cape
93 Canaveral Comprehensive Plan, as amended.
94
95 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
96 , 2024.
97
98
99 Wes Morrison, Mayor
100
101 ATTEST: For Against
102
103 Kim Davis
104
105 Mia Goforth, CMC Kay Jackson
106 City Clerk
107 Mickie Kellum
108
109 Wes Morrison
110
111 Don Willis
112
113
114 First Reading: December 19, 2023
115 Advertisement:
116 Second Reading:
117
City of Cape Canaveral
Ordinance No. 07-2024
Page 3 of 4
118
119
120 Approved as to legal form and sufficiency
121 for the City of Cape Canaveral only by:
122
123
124 Anthony A. Garganese, City Attorney
125
126
City of Cape Canaveral
Ordinance No. 07-2024
Page 4 of 4
Exhibit "A"
Ordinance No. 07-2024
Legend
Subject Parcels
N
24-37-23-47-*-1
24-37-23-47-*-2
24-37-23-47-*-3
24-37-23-47-*-4
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Washington Ave. and Adams Ave.
103 WASHINGTON AVE CAPE CANAVERAL FL 32920
105 WASHINGTON AVE CAPE CANAVERAL FL 32920
107 WASHINGTON AVE CAPE CANAVERAL FL 32920
109 WASHINGTON AVE CAPE CANAVERAL FL 32920
24-37-23-CG-1-4 None (Vacant)
24-37-23-CG-1-5
24-37-23-CG-1-13
24-37-23-03-*-14A
24-37-23-03-*-1413
24-37-23-03-*-14C
24-37-23-03-*-14D
24-37-23-CG-1-16
None (Vacant)
116 ADAMS AVE CAPE CANAVERAL FL 32920
120 ADAMS AVE CAPE CANAVERAL FL 32920
122 ADAMS AVE CAPE CANAVERAL FL 32920
124 ADAMS AVE CAPE CANAVERAL FL 32920
126 ADAMS AVE CAPE CANAVERAL FL 32920
128 ADAMS AVE UNITS A AND B CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 08-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT OF SEVERAL CONTIGUOUS PARCELS OF
7 PROPERTY GENERALLY LOCATED BETWEEN WASHINGTON
8 AVENUE AND ADAMS AVENUE AND WEST OF POINSETTA
9 AVENUE WHICH ARE LEGALLY DESCRIBED AS LOTS 1
10 THROUGH 4 OF THE VILLAGIO TOWNHOMES ACCORDING TO
11 THE PLAT THERETO RECORDED AT PLAT BOOK 55, PAGE 92 OF
12 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
13 LOCATED AT 103, 105, 107 AND 109 WASHINGTON AVENUE,
14 VACANT TAX PARCELS 24-37-23-CG-1-4 AND 24-37-23-CG-1-5
15 LOCATED ON WASHINGTON AVENUE, TAX PARCEL 24-37-23-
16 CG-1-16 LOCATED AT 128 ADAMS AVENUE, AND LOTS 14A,
17 14B, 14C AND 14D OF THE BREEZEWAY TOWNHOUSES
18 ACCORDING TO THE PLAT THERETO RECORDED AT PLAT BOOK
19 31, PAGE 59 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
20 FLORIDA LOCATED AT 120, 122, 124 AND 126 ADAMS AVENUE
21 FROM THE CURRENT CITY C-1 LOW DENSITY COMMERCIAL
22 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM
23 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION;
24 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
25 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
26 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
27 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
28 SEVERABILITY AND AN EFFECTIVE DATE.
29
30
31 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
32 State Constitution, to exercise any power for municipal purposes, except when expressly
33 prohibited by law; and
34
35 WHEREAS, the subject property owner desires to rezone the subject property to R-2
36 Medium Density Residential in order to construct residential units; and
37
38 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
39 requirements for the City to consider a rezoning of real property within the City of Cape
40 Canaveral; and
City of Cape Canaveral
Ordinance No. 08-2024
Page 1 of 3
1
2 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
3 have recommended approval of this Ordinance; and
4
5 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
6 hearing on the proposed zoning change set forth hereunder and considered findings and advice
7 of staff, citizens, and all interested parties submitting written and oral comments and supporting
8 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
9 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
10 and substantial evidence supports the zoning change set forth hereunder; and
11
12 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
13 government purpose and is in the best interests of the public health, safety, and welfare of the
14 citizens of Cape Canaveral, Florida.
15
16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
17 ORDAINS, AS FOLLOWS:
18
19 Section 1. Recitals. The foregoing recitals are true and correct and are fully
20 incorporated herein by this reference.
21
22 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
23 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
24 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
25 for each of the real properties depicted and legally described on Exhibits "A" which is
26 attached and incorporated herein by this reference. City staff is hereby directed to promptly
27 amend the City's Official Zoning Map upon the effective date of this Ordinance.
28
29 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
30 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
31 the Official Records of Brevard County, Florida.
32
33 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
34 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
35 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
City of Cape Canaveral
Ordinance No. 08-2024
Page 2 of 3
1 the validity of the remaining portions of this Ordinance.
2
3 Section 6. Conditional Effective Date. This Ordinance shall become effective
4 immediately upon the effective date of Ordinance 07-2024 as adopted by the City Council of the
5 City of Cape Canaveral, Florida. If Ordinance 07-2024 does not become effective, then this
6 Ordinance shall become null and void.
7
8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
9 , 2024.
10
11
12 Wes Morrison, Mayor
13
14 ATTEST: For Against
15
16 Kim Davis
17
18 Mia Goforth, CMC Kay Jackson
19 City Clerk
20 Mickie Kellum
21
22 Wes Morrison
23
24 Don Willis
25
26
27 First Reading: December 19, 2023
28 Advertisement:
29 Second Reading:
30
31
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
38
39
City of Cape Canaveral
Ordinance No. 08-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 08-2024
Legend
Subject Parcels
N
24-37-23-47-*-1
24-37-23-47-*-2
24-37-23-47-*-3
24-37-23-47-*-4
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Washington Ave. and Adams Ave.
103 WASHINGTON AVE CAPE CANAVERAL FL 32920
105 WASHINGTON AVE CAPE CANAVERAL FL 32920
107 WASHINGTON AVE CAPE CANAVERAL FL 32920
109 WASHINGTON AVE CAPE CANAVERAL FL 32920
24-37-23-CG-1-4 None (Vacant)
24-37-23-CG-1-5 None (Vacant)
24-37-23-03-*-14A
24-37-23-03-*-14B
24-37-23-03-*-14C
24-37-23-03-*-14D
120 ADAMS AVE CAPE CANAVERAL FL 32920
122 ADAMS AVE CAPE CANAVERAL FL 32920
124 ADAMS AVE CAPE CANAVERAL FL 32920
126 ADAMS AVE CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 9
Subject: Ordinance No. 09-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for several parcels of property legally described as
Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page
26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson
Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at
Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118, 120
and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat
thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and
located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to
the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida,
and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas
according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard
County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas
Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records
of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from C-1 Commercial
to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 10-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat
Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and
114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof
recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at
116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according
to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County,
Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II
according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard
County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San
Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records
of Brevard County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11
of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the
Public Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from the
current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium
Density Residential Zoning District Designation; providing the property subject to this Ordinance is
more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 9_
Page 2 of 3
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases II (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 9_
Page 3 of 3
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Subsequent to the Planning & Zoning Board/Local Planning Agency meeting, it was determined
the Ordinance titles needed to be amended to correspond the listed addresses with their correct
plat. The Ordinance titles will be updated before the second reading at the January 16, 2023 City
Council meeting.
Additionally, the property owner at 107 Adams Avenue has requested their property be excluded
from these Ordinances so that it can maintain the C-1 zoning district. The owner has been informed
of the City's regulations regarding nonconforming uses.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 09-2024
2. Ordinance No. 10-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 09-2024 and 10-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1
2 ORDINANCE NO. 09-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE LAND
6 USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE
7 MAP DESIGNATION FOR SEVERAL PARCELS OF PROPERTY
8 LEGALLY DESCRIBED AS LOTS 1 AND 2 OF JEFFERSON
9 VILLAS PHASE II ACCORDING TO THE PLAT THEREOF
10 RECORDED AT PLAT BOOK 49, PAGE 26 OF THE PUBLIC
11 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
12 108, 110, 112 AND 114 JEFFERSON AVENUE, LOTS 5, 6, 7 AND 8 OF
13 SAN TOMAS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF
14 RECORDED AT PLAT BOOK 36, PAGE 9 OF THE PUBLIC RECORDS OF
15 BREVARD COUNTY, FLORIDA AND LOCATED AT 116, 118, 120 AND
16 122 JEFFERSON AVENUE, LOTS 12, 13 AND 14 OF SAN TOMAS
17 VILLAS PHASE IV ACCORDING TO THE PLAT THEREOF RECORDED AT
18 PLAT BOOK 36, PAGE 80 OF THE PUBLIC RECORDS OF BREVARD
19 COUNTY, FLORIDA AND LOCATED AT 124, 126, AND 128
20 JEFFERSON AVENUE, LOTS 1 AND 2 OF ADAMS VILLAS PHASE II
21 ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 48,
22 PAGE 6 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA,
23 AND LOCATED AT 107, 109, 111, AND 113 ADAMS AVENUE,
24 LOTS 1, 2, 3 AND 4 OF SAN TOMAS VILLAS ACCORDING TO THE
25 PLAT THEREOF RECORDED AT PLAT BOOK 35, PAGE 13 OF
26 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
27 LOCATED AT 115, 117, 119 AND 121 ADAMS AVENUE, LOTS 9,10,
28 AND 11 OF SAN TOMAS VILLAS PHASE III ACCORDING TO THE
29 PLAT THEREOF RECORDED AT PLAT BOOK 36, PAGE 55 OF THE
30 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
31 LOCATED AT 123, 125 AND 127 ADAMS AVENUE FROM C-1
32 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE
33 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
34 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
35 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL OF
36 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
37 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN
38 AND AN EFFECTIVE DATE.
39
City of Cape Canaveral
Ordinance No. 09-2024
Page 1 of 4
40
41 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
42 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
43 163.3187(1)(c), Florida Statutes; and
44
45 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
46 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
47 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
48 and all interested parties submitting written and oral comments and has recommended adoption
49 to the City Council; and
50
51 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
52 hearing on the proposed amendment set forth hereunder and considered findings and advice of
53 staff, citizens, and all interested parties submitting written and oral comments and supporting
54 data and analysis, and after complete deliberation, hereby approves and adopts the
55 Comprehensive Plan Amendment set forth hereunder; and
56
57 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
58 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
59
60 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
61 ORDAINS, AS FOLLOWS:
62
63 Section 1. Recitals. The foregoing recitals are true and correct and are fully
64 incorporated herein by this reference.
65
66 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
67 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
68
69 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
70 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
71 of the City of Cape Canaveral Comprehensive Plan.
72
73 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
74 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
75 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
76 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
77
78 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
City of Cape Canaveral
Ordinance No. 09-2024
Page 2 of 4
79 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
80 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
81
82 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
83 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
84 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
85 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
86 the validity of the remaining portions of this Ordinance.
87
88 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
89 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
90 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
91 number or letter and any heading may be changed or modified as necessary to effectuate the
92 foregoing.
93
94 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
95 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
96 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
97 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
98 Agency or the Administration Commission issues a final order determining the adopted small
99 scale Comprehensive Plan Amendment is in compliance. No development orders, development
100 permits, or land use dependent on this Amendment may be issued or commenced before it has
101 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
102 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
103 become a part of that plan and the Amendments shall have the legal status of the City of Cape
104 Canaveral Comprehensive Plan, as amended.
105
106 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
107 , 2024.
108
109
110 Wes Morrison, Mayor
111
112 ATTEST: For Against
113
114 Kim Davis
115
116 Mia Goforth, CMC Kay Jackson
117 City Clerk
City of Cape Canaveral
Ordinance No. 09-2024
Page 3 of 4
118 Mickie Kellum
119
120 Wes Morrison
121
122 Don Willis
123
124
125 First Reading: December 19, 2023
126 Advertisement:
127 Second Reading:
128
129
130
131 Approved as to legal form and sufficiency
132 for the City of Cape Canaveral only by:
133
134
135 Anthony A. Garganese, City Attorney
136
137
City of Cape Canaveral
Ordinance No. 09-2024
Page 4 of 4
Exhibit "A"
Ordinance No. 09-2024
Legend
Subject Parcels
ig[011 ADC -I -we
kdams kutif11.1@
di 1.13r1 Awe nue
r
+
24-37-23-36-*-1
24-37-23-36-*-2
24-37-23-35-*-1
24-37-23-35-*-2
24-37-23-15-*-1
24-37-23-15-*-2
24-37-23-15-*-3
24-37-23-15-*-4
24-37-23-18-*-9
24-37-23-18-*-10
24-37-23-18-*-11
24-37-23-58-*-1
24-37-23-58-*-2
24-37-23-37-*-1
24-37-23-37-*-2
24-37-23-17-*-5
24-37-23-17-*-6
24-37-23-17-*-7
24-37-23-17-*-8
24-37-23-21-*-12
24-37-23-21-*-13
24-37-23-21-*-14
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Adams Ave. and Jefferson Ave.
107 ADAMS AVE CAPE CANAVERAL FL 32920
109 ADAMS AVE CAPE CANAVERAL FL 32920
111 ADAMS AVE CAPE CANAVERAL FL 32920
113 ADAMS AVE CAPE CANAVERAL FL 32920
115 ADAMS AVE CAPE CANAVERAL FL 32920
117 ADAMS AVE CAPE CANAVERAL FL 32920
119 ADAMS AVE CAPE CANAVERAL FL 32920
121 ADAMS AVE CAPE CANAVERAL FL 32920
123 ADAMS AVE CAPE CANAVERAL FL 32920
125 ADAMS AVE CAPE CANAVERAL FL 32920
127 ADAMS AVE CAPE CANAVERAL FL 32920
108 JEFFERSON AVE CAPE CANAVERAL FL 32920
110 JEFFERSON AVE CAPE CANAVERAL FL 32920
112 JEFFERSON AVE CAPE CANAVERAL FL 32920
114 JEFFERSON AVE CAPE CANAVERAL FL 32920
116 JEFFERSON AVE CAPE CANAVERAL FL 32920
118 JEFFERSON AV CAPE CANAVERAL FL 32920
120 JEFFERSON AVE CAPE CANAVERAL FL 32920
122 JEFFERSON AVE CAPE CANAVERAL FL 32920
124 JEFFERSON AVE CAPE CANAVERAL FL 32920
126 JEFFERSON AVE CAPE CANAVERAL FL 32920
128 JEFFERSON AVE CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 10-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS LOTS 1 AND 2 OF JEFFERSON VILLAS PHASE II
8 ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK
9 49, PAGE 26 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
10 FLORIDA, AND LOCATED AT 108, 110, 112 AND 114 JEFFERSON
11 AVENUE, LOTS 5, 6, 7 AND 8 OF SAN TOMAS VILLAS PHASE II
12 ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK
13 36, PAGE 9 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
14 FLORIDA AND LOCATED AT 116, 118, 120 AND 122
15 JEFFERSON AVENUE, LOTS 12, 13 AND 14 OF SAN TOMAS
16 VILLAS PHASE IV ACCORDING TO THE PLAT THEREOF
17 RECORDED AT PLAT BOOK 36, PAGE 80 OF THE PUBLIC
18 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
19 124, 126, AND 128 JEFFERSON AVENUE, LOTS 1 AND 2 OF
20 ADAMS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF
21 RECORDED AT PLAT BOOK 48, PAGE 6 OF THE PUBLIC
22 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
23 107, 109, 111, AND 113 ADAMS AVENUE, LOTS 1, 2, 3 AND 4
24 OF SAN TOMAS VILLAS ACCORDING TO THE PLAT THEREOF
25 RECORDED AT PLAT BOOK 35, PAGE 13 OF THE PUBLIC
26 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
27 115, 117, 119 AND 121 ADAMS AVENUE, LOTS 9,10, AND 11 OF
28 SAN TOMAS VILLAS PHASE III ACCORDING TO THE PLAT
29 THEREOF RECORDED AT PLAT BOOK 36, PAGE 55 OF THE
30 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
31 LOCATED AT 123, 125 AND 127 ADAMS AVENUE FROM THE
32 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
33 DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
34 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
35 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
36 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
37 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
38 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
39 SEVERABILITY AND AN EFFECTIVE DATE.
40
City of Cape Canaveral
Ordinance No. 10-2024
Page 1 of 4
1
2 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
3 State Constitution, to exercise any power for municipal purposes, except when expressly
4 prohibited by law; and
5
6 WHEREAS, the subject property owner desires to rezone the subject property to R-2
7 Medium Density Residential in order to construct residential units; and
8
9 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
10 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
11 and
12
13 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
14 have recommended approval of this Ordinance; and
15
16 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
17 hearing on the proposed zoning change set forth hereunder and considered findings and advice
18 of staff, citizens, and all interested parties submitting written and oral comments and supporting
19 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
20 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
21 and substantial evidence supports the zoning change set forth hereunder; and
22
23 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
24 government purpose and is in the best interests of the public health, safety, and welfare of the
25 citizens of Cape Canaveral, Florida.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29
30 Section 1. Recitals. The foregoing recitals are true and correct and are fully
31 incorporated herein by this reference.
32
33 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
34 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
35 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
36 the real properties depicted and legally described on Exhibits "A" which is attached and
37 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
38 Official Zoning Map upon the effective date of this Ordinance.
39
40 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
City of Cape Canaveral
Ordinance No. 10-2024
Page 2 of 4
1 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
2 the Official Records of Brevard County, Florida.
3
4 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
5 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
6 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
7
8 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
13
14 Section 6. Conditional Effective Date. This Ordinance shall become effective
15 immediately upon the effective date of Ordinance 09-2024 as adopted by the City Council of the
16 City of Cape Canaveral, Florida. If Ordinance 09-2024 does not become effective, then this
17 Ordinance shall become null and void.
18
19 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
20 , 2024.
21
22
23 Wes Morrison, Mayor
24
25 ATTEST: For Against
26
27 Kim Davis
28
29 Mia Goforth, CMC Kay Jackson
30 City Clerk
31 Mickie Kellum
32
33 Wes Morrison
34
35 Don Willis
36
37
38 First Reading: December 19, 2023
39 Advertisement:
40 Second Reading:
City of Cape Canaveral
Ordinance No. 10-2024
Page 3 of 4
1
2
3
4 Approved as to legal form and sufficiency
5 for the City of Cape Canaveral only by:
6
7
8 Anthony A. Garganese, City Attorney
9
10
City of Cape Canaveral
Ordinance No. 10-2024
Page 4 of 4
Exhibit "A"
Ordinance No. 10-2024
Legend
Subject Parcels
ig[011 ADC -I -we
kdams kutif11.1@
di 1.13r1 Awe nue
r
+
24-37-23-36-*-1
24-37-23-36-*-2
24-37-23-35-*-1
24-37-23-35-*-2
24-37-23-15-*-1
24-37-23-15-*-2
24-37-23-15-*-3
24-37-23-15-*-4
24-37-23-18-*-9
24-37-23-18-*-10
24-37-23-18-*-11
24-37-23-58-*-1
24-37-23-58-*-2
24-37-23-37-*-1
24-37-23-37-*-2
24-37-23-17-*-5
24-37-23-17-*-6
24-37-23-17-*-7
24-37-23-17-*-8
24-37-23-21-*-12
24-37-23-21-*-13
24-37-23-21-*-14
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Adams Ave. and Jefferson Ave.
107 ADAMS AVE CAPE CANAVERAL FL 32920
109 ADAMS AVE CAPE CANAVERAL FL 32920
111 ADAMS AVE CAPE CANAVERAL FL 32920
113 ADAMS AVE CAPE CANAVERAL FL 32920
115 ADAMS AVE CAPE CANAVERAL FL 32920
117 ADAMS AVE CAPE CANAVERAL FL 32920
119 ADAMS AVE CAPE CANAVERAL FL 32920
121 ADAMS AVE CAPE CANAVERAL FL 32920
123 ADAMS AVE CAPE CANAVERAL FL 32920
125 ADAMS AVE CAPE CANAVERAL FL 32920
127 ADAMS AVE CAPE CANAVERAL FL 32920
108 JEFFERSON AVE CAPE CANAVERAL FL 32920
110 JEFFERSON AVE CAPE CANAVERAL FL 32920
112 JEFFERSON AVE CAPE CANAVERAL FL 32920
114 JEFFERSON AVE CAPE CANAVERAL FL 32920
116 JEFFERSON AVE CAPE CANAVERAL FL 32920
118 JEFFERSON AV CAPE CANAVERAL FL 32920
120 JEFFERSON AVE CAPE CANAVERAL FL 32920
122 JEFFERSON AVE CAPE CANAVERAL FL 32920
124 JEFFERSON AVE CAPE CANAVERAL FL 32920
126 JEFFERSON AVE CAPE CANAVERAL FL 32920
128 JEFFERSON AVE CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 10
Subject: Ordinance No. 11-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for property legally described as the Canaveral
Breakers Annex Apartments, a condominium inclusive of all units and common area, as described
in and according to the Declaration of Condominium recorded in Official Records Book 1128, Page
181 to 202 inclusive, as amended, all of the Public Records of Brevard County, Florida and which is
located at 8522 N. Atlantic Avenue from C-1 Commercial to R-2 Residential; providing the property
subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading; and
Ordinance No. 12-2024; adopting a Zoning Map Amendment for several parcels of property legally
described as the Canaveral Breakers Annex Apartments, a condominium inclusive of all units and
common area, as described in and according to the Declaration of Condominium recorded in
Official Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records of
Brevard County, Florida and which is located at 8522 N. Atlantic Avenue from the current City C-1
Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential
Zoning District Designation; providing the property subject to this Ordinance is more particularly
depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases II (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 10
Page 2 of 2
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 11-2024
2. Ordinance No. 12-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 11-2024 and 12-2024 on first reading.
A • • roved b Cit Mane • er: Todd Morle
Attachment 1
1
2 ORDINANCE NO. 11-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION FOR PROPERTY LEGALLY
8 DESCRIBED AS THE CANAVERAL BREAKERS ANNEX
9 APARTMENTS, A CONDOMINIUM INCLUSIVE OF ALL UNITS
10 AND COMMON AREA, AS DESCRIBED IN AND ACCORDING TO
11 THE DECLARATION OF CONDOMINIUM RECORDED IN
12 OFFICIAL RECORDS BOOK 1128, PAGE 181 TO 202 INCLUSIVE,
13 AS AMENDED, ALL OF THE PUBLIC RECORDS OF BREVARD
14 COUNTY, FLORIDA AND WHICH IS LOCATED AT 8522 N.
15 ATLANTIC AVENUE FROM C-1 COMMERCIAL TO R-2
16 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO THIS
17 ORDINANCE IS MORE PARTICULARLY DEPICTED AND LEGALLY
18 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
19 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
20 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
21 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
22
23 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
24 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
25 163.3187(1)(c), Florida Statutes; and
26
27 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
28 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
29 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
30 and all interested parties submitting written and oral comments and has recommended adoption
31 to the City Council; and
32
33 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
34 hearing on the proposed amendment set forth hereunder and considered findings and advice of
35 staff, citizens, and all interested parties submitting written and oral comments and supporting
36 data and analysis, and after complete deliberation, hereby approves and adopts the
37 Comprehensive Plan Amendment set forth hereunder; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
City of Cape Canaveral
Ordinance No. 09-2024
Page 1 of 3
40 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
41
42 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
43 ORDAINS, AS FOLLOWS:
44
45 Section 1. Recitals. The foregoing recitals are true and correct and are fully
46 incorporated herein by this reference.
47
48 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
49 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
50
51 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
52 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
53 of the City of Cape Canaveral Comprehensive Plan.
54
55 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
56 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
57 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
58 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
59
60 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
61 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
62 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
63
64 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
65 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
66 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
67 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
68 the validity of the remaining portions of this Ordinance.
69
70 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
71 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
72 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
73 number or letter and any heading may be changed or modified as necessary to effectuate the
74 foregoing.
75
76 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
77 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
78 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
City of Cape Canaveral
Ordinance No. 09-2024
Page 2 of 3
79 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
80 Agency or the Administration Commission issues a final order determining the adopted small
81 scale Comprehensive Plan Amendment is in compliance. No development orders, development
82 permits, or land use dependent on this Amendment may be issued or commenced before it has
83 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
84 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
85 become a part of that plan and the Amendments shall have the legal status of the City of Cape
86 Canaveral Comprehensive Plan, as amended.
87
88 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
89 , 2024.
90
91
92 Wes Morrison, Mayor
93
94 ATTEST: For Against
95
96 Kim Davis
97
98 Mia Goforth, CMC Kay Jackson
99 City Clerk
100 Mickie Kellum
101
102 Wes Morrison
103
104 Don Willis
105
106
107 First Reading: December 19, 2023
108 Advertisement:
109 Second Reading:
110
111
112
113 Approved as to legal form and sufficiency
114 for the City of Cape Canaveral only by:
115
116
117 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 09-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 11-2024
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Exhibit "A"
LEGAL DESCRIPTION AND MAP
Canaveral Breakers
24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 12-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS THE CANAVERAL BREAKERS ANNEX
8 APARTMENTS, A CONDOMINIUM INCLUSIVE OF ALL UNITS
9 AND COMMON AREA, AS DESCRIBED IN AND ACCORDING TO
10 THE DECLARATION OF CONDOMINIUM RECORDED IN
11 OFFICIAL RECORDS BOOK 1128, PAGE 181 TO 202 INCLUSIVE,
12 AS AMENDED, ALL OF THE PUBLIC RECORDS OF BREVARD
13 COUNTY, FLORIDA AND WHICH IS LOCATED AT 8522 N.
14 ATLANTIC AVENUE FROM THE CURRENT CITY C-1 LOW
15 DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION TO
16 THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
17 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
18 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
19 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
20 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
21 INCONSISTENT ORDINANCES AND RESOLUTIONS,
22 SEVERABILITY AND AN EFFECTIVE DATE.
23
24
25 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
26 State Constitution, to exercise any power for municipal purposes, except when expressly
27 prohibited by law; and
28
29 WHEREAS, the subject property owner desires to rezone the subject property to R-2
30 Medium Density Residential in order to construct residential units; and
31
32 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
33 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
34 and
35
36 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
37 have recommended approval of this Ordinance; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
40 hearing on the proposed zoning change set forth hereunder and considered findings and advice
City of Cape Canaveral
Ordinance No. 12-2024
Page 1 of 3
1 of staff, citizens, and all interested parties submitting written and oral comments and supporting
2 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
3 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
4 and substantial evidence supports the zoning change set forth hereunder; and
5
6 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
7 government purpose and is in the best interests of the public health, safety, and welfare of the
8 citizens of Cape Canaveral, Florida.
9
10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
11 ORDAINS, AS FOLLOWS:
12
13 Section 1. Recitals. The foregoing recitals are true and correct and are fully
14 incorporated herein by this reference.
15
16 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
17 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
18 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
19 for each of the real properties depicted and legally described on Exhibits "A" which is
20 attached and incorporated herein by this reference. City staff is hereby directed to promptly
21 amend the City's Official Zoning Map upon the effective date of this Ordinance.
22
23 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
24 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
25 the Official Records of Brevard County, Florida.
26
27 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
29 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
32 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
33 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
34 portion shall be deemed a separate, distinct and independent provision, and such holding shall
35 not affect the validity of the remaining portions of this Ordinance.
36
37 Section 6. Conditional Effective Date. This Ordinance shall become effective
38 immediately upon the effective date of Ordinance 11-2024 as adopted by the City Council of the
39 City of Cape Canaveral, Florida. If Ordinance 11-2024 does not become effective, then this
40 Ordinance shall become null and void.
City of Cape Canaveral
Ordinance No. 12-2024
Page 2 of 3
1
2
3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
4 , 2024.
5
6
7 Wes Morrison, Mayor
8
9 ATTEST: For Against
10
11 Kim Davis
12
13 Mia Goforth, CMC Kay Jackson
14 City Clerk
15 Mickie Kellum
16
17 Wes Morrison
18
19 Don Willis
20
21
22 First Reading: December 19, 2023
23 Advertisement:
24 Second Reading:
25
26
27
28 Approved as to legal form and sufficiency
29 for the City of Cape Canaveral only by:
30
31
32 Anthony A. Garganese, City Attorney
33
34
City of Cape Canaveral
Ordinance No. 12-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 12-2024
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Exhibit "A"
LEGAL DESCRIPTION AND MAP
Canaveral Breakers
24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 11
Subject: Ordinance No. 13-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for a portion of Lot 3, Block 9, Cape Canaveral
Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records of
Brevard County, Florida, which is located at 102 E. Central Boulevard from C-1 Commercial to R-2
Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and,
Ordinance No. 14-2024; adopting a Zoning Map Amendment for a portion of Lot 3, Block 9, Cape
Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public
Records of Brevard County, Florida, which is located at 102 E. Central Boulevard from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 8 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Specifically,
this item addresses the property known as 102 E. Central Boulevard. Generally, two ordinances
are proposed for each property: one to amend the Future Land Use Map (FLUM) and one to rezone
the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 11
Page 2 of 2
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 13-2024
2. Ordinance No. 14-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 13-2024 and 14-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1
2 ORDINANCE NO. 13-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION FOR A PORTION OF LOT 3,
8 BLOCK 9, CAPE CANAVERAL BEACH GARDENS, UNIT NO. 2, AS
9 RECORDED IN PLAT BOOK 17, PAGES 81 AND 82, OF THE
10 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, WHICH IS
11 LOCATED AT 102 E. CENTRAL BOULEVARD, FROM C-1
12 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE
13 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
14 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
15 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
16 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
17 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
18 PLAN AND AN EFFECTIVE DATE.
19
20 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
21 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
22 163.3187(1)(c), Florida Statutes; and
23
24 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
25 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
26 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
27 and all interested parties submitting written and oral comments and has recommended adoption
28 to the City Council; and
29
30 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
31 hearing on the proposed amendment set forth hereunder and considered findings and advice of
32 staff, citizens, and all interested parties submitting written and oral comments and supporting
33 data and analysis, and after complete deliberation, hereby approves and adopts the
34 Comprehensive Plan Amendment set forth hereunder; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
37 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
38
39 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
City of Cape Canaveral
Ordinance No. 13-2024
Page 1 of 3
40 ORDAINS, AS FOLLOWS:
41
42 Section 1. Recitals. The foregoing recitals are true and correct and are fully
43 incorporated herein by this reference.
44
45 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
46 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
47
48 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
49 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
50 the City of Cape Canaveral Comprehensive Plan.
51
52 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
53 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
54 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
55 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
56
57 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
58 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
59 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
60
61 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
62 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
63 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
64 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
65 the validity of the remaining portions of this Ordinance.
66
67 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
68 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
69 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
70 number or letter and any heading may be changed or modified as necessary to effectuate the
71 foregoing.
72
73 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
74 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
75 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
76 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
77 Agency or the Administration Commission issues a final order determining the adopted small
78 scale Comprehensive Plan Amendment is in compliance. No development orders, development
City of Cape Canaveral
Ordinance No. 13-2024
Page 2 of 3
79 permits, or land use dependent on this Amendment may be issued or commenced before it has
80 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
81 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
82 become a part of that plan and the Amendments shall have the legal status of the City of Cape
83 Canaveral Comprehensive Plan, as amended.
84
85 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
86 , 2024.
87
88
89 Wes Morrison, Mayor
90
91 ATTEST: For Against
92
93 Kim Davis
94
95 Mia Goforth, CMC Kay Jackson
96 City Clerk
97 Mickie Kellum
98
99 Wes Morrison
100
101 Don Willis
102
103
104 First Reading: December 19, 2023
105 Advertisement:
106 Second Reading:
107
108
109
110 Approved as to legal form and sufficiency
111 for the City of Cape Canaveral only by:
112
113
114 Anthony A. Garganese, City Attorney
115
116
City of Cape Canaveral
Ordinance No. 13-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 13-2024
I d
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Exhibit "A"
LEGAL DESCRIPTION AND MAP
102 E. Central Blvd.
24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 14-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR A PORTION OF LOT 3, BLOCK 9, CAPE
7 CANAVERAL BEACH GARDENS, UNIT NO. 2, AS RECORDED IN
8 PLAT BOOK 17, PAGES 81 AND 82, OF THE PUBLIC RECORDS OF
9 BREVARD COUNTY, FLORIDA, WHICH IS LOCATED AT 102 E.
10 CENTRAL BOULEVARD, AND FROM THE CURRENT CITY C-1
11 LOW DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION
12 TO THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
13 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
14 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
15 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
16 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
17 INCONSISTENT ORDINANCES AND RESOLUTIONS,
18 SEVERABILITY AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
22 State Constitution, to exercise any power for municipal purposes, except when expressly
23 prohibited by law; and
24
25 WHEREAS, the subject property owner desires to rezone the subject property to R-2
26 Medium Density Residential in order to construct residential units; and
27
28 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
29 requirements for the City to consider a rezoning of real property within the City of Cape
30 Canaveral; and
31
32 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
33 have recommended approval of this Ordinance; and
34
35 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
36 hearing on the proposed zoning change set forth hereunder and considered findings and advice
37 of staff, citizens, and all interested parties submitting written and oral comments and supporting
38 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
39 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
40 and substantial evidence supports the zoning change set forth hereunder; and
City of Cape Canaveral
Ordinance No. 14-2024
Page 1 of 3
1
2 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
3 government purpose and is in the best interests of the public health, safety, and welfare of the
4 citizens of Cape Canaveral, Florida.
5
6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
7 ORDAINS, AS FOLLOWS:
8
9 Section 1. Recitals. The foregoing recitals are true and correct and are fully
10 incorporated herein by this reference.
11
12 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
13 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
14 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
15 the real properties depicted and legally described on Exhibits "A" which is attached and
16 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
17 Official Zoning Map upon the effective date of this Ordinance.
18
19 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
20 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
21 the Official Records of Brevard County, Florida.
22
23 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
24 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
25 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
26
27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
28 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
29 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
30 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
31 the validity of the remaining portions of this Ordinance.
32
33 Section 6. Conditional Effective Date. This Ordinance shall become effective
34 immediately upon the effective date of Ordinance 13-2024 as adopted by the City Council of the
35 City of Cape Canaveral, Florida. If Ordinance 13-2024 does not become effective, then this
36 Ordinance shall become null and void.
37
38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
39 , 2024.
40
City of Cape Canaveral
Ordinance No. 14-2024
Page 2 of 3
1
2 Wes Morrison, Mayor
3
4 ATTEST: For Against
5
6 Kim Davis
7
8 Mia Goforth, CMC Kay Jackson
9 City Clerk
10 Mickie Kellum
11
12 Wes Morrison
13
14 Don Willis
15
16
17 First Reading: December 19, 2023
18 Advertisement:
19 Second Reading:
20
21
22
23 Approved as to legal form and sufficiency
24 for the City of Cape Canaveral only by:
25
26
27 Anthony A. Garganese, City Attorney
28
29
30
City of Cape Canaveral
Ordinance No. 14-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 14-2024
LJ
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Exhibit "A"
LEGAL DESCRIPTION AND MAP
102 E. Central Blvd.
24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 19, 2023
AGENDA ITEM SUMMARY • ITEM # 12
Subject: Ordinance No. 15-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for Lots 11, 12 and 13, Block 13, Avon by the Sea,
according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of
Brevard County, Florida and located at 108, 112, 114 and 116 Madison Avenue from C-1 Commercial
to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, first reading; and
Ordinance No. 16-2024; adopting a Zoning Map Amendment for Lots 11, 12 and 13, Block 13, Avon
by the Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public
Records of Brevard County, Florida and located at 108, 112, 114 and 116 Madison Avenue from the
current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium
Density Residential Zoning District Designation; providing the property subject to this Ordinance is
more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading.
Department: Community and Economic Development
Summary: At its November 15, 2023 meeting, the Planning & Zoning Board/Local Planning Agency
reviewed and unanimously recommended approval of 16 ordinances (8 rezoning, 7 Future Land
Use Map amendments) that are together considered Phase IV of the City's administrative rezoning
process.
On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within
the City improved with a residential structure, but zoned commercial. City Code prohibits residential
structures in commercial zoning districts. These structures are considered nonconforming and
should one of them be destroyed, restrictions associated with nonconforming properties would
apply.
In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases.
Phase I (December 2020) included government -owned Conservation or Public/Recreation
properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially
developed properties that were zoned commercial - Phase IV will continue this trend. Generally,
two ordinances are proposed for each property: one to amend the Future Land Use Map (FLUM)
and one to rezone the property.
Background: A review of the City's historical maps shows that much of the zoning within the North
Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically,
North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial
zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed,
the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic
route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of
commercial uses, and commercial traffic shifted to SR A1A where development has taken place via
the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort
via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more
residential and pedestrian -friendly environment.
City of Cape Canaveral
City Council Meeting • December 19, 2023
Agenda Item # 12
Page 2 of 2
One of the actions the City took to address this shift in land use was to allow (through the special
exception process) residential development within the commercial zoning districts. However, over
time, this resulted in a patchwork of residential and commercial uses throughout the corridor and
in many situations, incompatible uses were located adjacent to one -another. This changed in 2016
(Ordinance 02-2016), when the City Council revised Code by removing residential development
from the list of possible special exception uses in the C-1 district.
Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1
states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper
relationship among residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land, accessibility to the circulation system and general compatibility
among the land uses".
As a result, there are residentially developed properties that are zoned commercial. In order to
reduce inconsistent zoning and/or future land use designations, the City is proposing to rezone the
properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential.
The intent of the R-2 medium density residential district is to "apply to an area of medium density
residential development with a variety of housing types. Lot sizes and other restrictions are
intended to promote and protect medium density residential development maintaining an
adequate amount of open space for such development". This is important to note since the previous
special exception provision required residential structures built in the C-1 district to comply with
the regulations of the R-2 district.
The proposed Ordinances represent the next step in the overall comprehensive strategy to address
the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine
its current use, long-term sustainability and sound land planning principles. These changes provide
consistent designations for the affected properties in terms of land -use patterns and relationships.
Notices were mailed to property owners on October 31, 2023; these letters included the dates for
the Planning & Zoning Board/Local Planning Agency, the first reading by City Council on December
19, 2023, and the anticipated date of the second reading by City Council on January 16, 2024. A
legal ad was run in the Florida Today on November 2, 2023, listing the aforementioned meeting
dates.
Submitting Department Director: David Dickey
Attachments:
1. Ordinance No. 15-2024
2. Ordinance No. 16-2024
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Ordinance Nos. 15-2024 and 16-2024 on first reading.
Approved by City Manager: Todd Morley
Attachment 1
1
2 ORDINANCE NO. 15-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION FOR LOTS 11, 12 AND 13,
8 BLOCK 13, AVON BY THE SEA, ACCORDING TO THE MAP OR
9 PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF
10 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
11 LOCATED AT 108, 112, 114 AND 116 MADISON AVENUE FROM
12 C-1 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE
13 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
14 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
15 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
16 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
17 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
18 PLAN AND AN EFFECTIVE DATE.
19
20 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
21 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
22 163.3187(1)(c), Florida Statutes; and
23
24 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
25 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
26 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
27 and all interested parties submitting written and oral comments and has recommended adoption
28 to the City Council; and
29
30 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
31 hearing on the proposed amendment set forth hereunder and considered findings and advice of
32 staff, citizens, and all interested parties submitting written and oral comments and supporting
33 data and analysis, and after complete deliberation, hereby approves and adopts the
34 Comprehensive Plan Amendment set forth hereunder; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
37 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
38
39 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
City of Cape Canaveral
Ordinance No. 15-2024
Page 1 of 3
40 ORDAINS, AS FOLLOWS:
41
42 Section 1. Recitals. The foregoing recitals are true and correct and are fully
43 incorporated herein by this reference.
44
45 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
46 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
47
48 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
49 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
50 of the City of Cape Canaveral Comprehensive Plan.
51
52 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
53 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
54 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
55 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
56
57 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
58 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
59 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
60
61 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
62 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
63 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
64 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
65 the validity of the remaining portions of this Ordinance.
66
67 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
68 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
69 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
70 number or letter and any heading may be changed or modified as necessary to effectuate the
71 foregoing.
72
73 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
74 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
75 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
76 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
77 Agency or the Administration Commission issues a final order determining the adopted small
78 scale Comprehensive Plan Amendment is in compliance. No development orders, development
City of Cape Canaveral
Ordinance No. 15-2024
Page 2 of 3
79 permits, or land use dependent on this Amendment may be issued or commenced before it has
80 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
81 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
82 become a part of that plan and the Amendments shall have the legal status of the City of Cape
83 Canaveral Comprehensive Plan, as amended.
84
85 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
86 , 2024.
87
88
89 Wes Morrison, Mayor
90
91 ATTEST: For Against
92
93 Kim Davis
94
95 Mia Goforth, CMC Kay Jackson
96 City Clerk
97 Mickie Kellum
98
99 Wes Morrison
100
101 Don Willis
102
103
104 First Reading: December 19, 2023
105 Advertisement:
106 Second Reading:
107
108
109
110 Approved as to legal form and sufficiency
111 for the City of Cape Canaveral only by:
112
113
114 Anthony A. Garganese, City Attorney
115
116
117
City of Cape Canaveral
Ordinance No. 15-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 15-2024
•
FLMA
Legend
Subject Parcels
1 flanaI L5 I e
1
im.darriS A'I fII
JEffigr'sdrd Atne roue
M iQI'n Avenue
'„lc; nrai.dreruy
N
24-37-23-CG-13-11
24 37 23 CG 13 13
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Madison Ave.
108 & 112 MADISON AVE CAPE CANAVERAL FL 32920
114 & 116 MADISON AVE CAPE CANAVERAL FL 32920
Attachment 2
1
2 ORDINANCE NO. 16-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR LOTS 11, 12 AND 13, BLOCK 13, AVON BY
7 THE SEA, ACCORDING TO THE MAP OR PLAT THEREOF, AS
8 RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS
9 OF BREVARD COUNTY, FLORIDA AND LOCATED AT 108, 112,
10 114 AND 116 MADISON AVENUE FROM THE CURRENT CITY C-
11 1 LOW DENSITY COMMERCIAL ZONING DISTRICT
12 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
13 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
14 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
15 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
16 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
17 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
18 SEVERABILITY AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
22 State Constitution, to exercise any power for municipal purposes, except when expressly
23 prohibited by law; and
24
25 WHEREAS, the subject property owner desires to rezone the subject property to R-2
26 Medium Density Residential in order to construct residential units; and
27
28 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
29 requirements for the City to consider a rezoning of real property within the City of Cape
30 Canaveral; and
31
32 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
33 have recommended approval of this Ordinance; and
34
35 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
36 hearing on the proposed zoning change set forth hereunder and considered findings and advice
37 of staff, citizens, and all interested parties submitting written and oral comments and supporting
38 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
39 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
40 and substantial evidence supports the zoning change set forth hereunder; and
City of Cape Canaveral
Ordinance No. 16-2024
Page 1 of 3
1
2 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
3 government purpose and is in the best interests of the public health, safety, and welfare of the
4 citizens of Cape Canaveral, Florida.
5
6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
7 ORDAINS, AS FOLLOWS:
8
9 Section 1. Recitals. The foregoing recitals are true and correct and are fully
10 incorporated herein by this reference.
11
12 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
13 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
14 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
15 for each of the real properties depicted and legally described on Exhibits "A" which is
16 attached and incorporated herein by this reference. City staff is hereby directed to promptly
17 amend the City's Official Zoning Map upon the effective date of this Ordinance.
18
19 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
20 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
21 the Official Records of Brevard County, Florida.
22
23 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
24 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
25 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
26
27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
28 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
29 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
30 portion shall be deemed a separate, distinct and independent provision, and such holding shall
31 not affect the validity of the remaining portions of this Ordinance.
32
33 Section 6. Conditional Effective Date. This Ordinance shall become effective
34 immediately upon the effective date of Ordinance 15-2024 as adopted by the City Council of the
35 City of Cape Canaveral, Florida. If Ordinance 15-2024 does not become effective, then this
36 Ordinance shall become null and void.
37
38
39
40
City of Cape Canaveral
Ordinance No. 16-2024
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2 , 2024.
3
4
5 Wes Morrison, Mayor
6
7 ATTEST: For Against
8
9 Kim Davis
10
11 Mia Goforth, CMC Kay Jackson
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
16
17 Don Willis
18
19
20 First Reading: December 19, 2023
21 Advertisement:
22 Second Reading:
23
24
25
26 Approved as to legal form and sufficiency
27 for the City of Cape Canaveral only by:
28
29
30 Anthony A. Garganese, City Attorney
31
32
33
City of Cape Canaveral
Ordinance No. 16-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 16-2024
'FL A
••IN
Legend
Subject Parcels
1 ftEnaI -1,:•
Adarri3 A'I fII
I6ffirgdrl Atne n e
Willson Avenue
1
Mcpnrc .dvenuo
N
24-37-23-CG-13-11
24 37 23 CG 13 13
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Madison Ave.
108 & 112 MADISON AVE CAPE CANAVERAL FL 32920
114 & 116 MADISON AVE CAPE CANAVERAL FL 32920
ITEM # 13
City of Cape Canaveral
John DeLeo, Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager
FROM: John DeLeo, Administrative/Financial Services Director
DATE: November 21, 2022
RE: Monthly Financial Report — October 2023
Staff is pleased to present the Monthly Financial Report for the period ending October 31, 2023.
At this point in the Fiscal Year, the Year -to -Date Actuals should be 8.3% of the total annual budget.
Total General Fund Departmental costs are 1.9% below target. Administrative Services is running
below target at 1.7%. Community Development/Code Enforcement/Economic Development is
under target at 5.4%. Building Department is under target at 4.7%. Protective Services are over
target by 16%. Fire Rescue is running above target by 6.8%. Parks Recreation/Community Affairs
is 5.2% below target. Non -Departmental expenditures are below budgetary projections by 4.8%.
The Community Redevelopment Agency (CRA) has incurred $23,884 of expenses for the current
Fiscal Year.
Wastewater Fund overall costs are under target at 4%.
The Stormwater Fund is under target cost at 1%.
The City's General Fund investments total $7,723,428.41; Special Revenue investments total
$880,858.82; and Enterprise Fund investments total $982,366.14. The Grand total of all
investments is $9,586,653.37. The Annual Rate of Return for each Investment is attached.
*Important Note regarding General Fund Expenditures reflected in this report
The negative balance in the General Fund ($710,538) is the result of multiple factors:
• Accruals have been only taken for one month of revenues as opposed to two since it is
the first month of the new Fiscal Year.
• BCSO & Canaveral Fire Rescue have been paid for two months on October 15`and 31'
• The City will not receive any of its new Ad Valorem for FY 23 until the end of November.
*Important Note regarding Library Fund Expenditures reflected in this report
The negative balance in the Library Fund ($20,703) is the result of the City not receiving its Ad
Valorem for FY 23. These funds should arrive from the State at the end of November.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended October 31, 2023
Revenue
Ad Valorem Tax
To date, the City has received 0.00% of Ad Valorem revenue. The City should see the first Ad Valorem payment
in November, and the highest income in December.
Local Option Gas Tax
This amount represents an accrual for October.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents accruals for October.
Permits and Licenses
Permits and Licenses are below target at 6.3%. This will see greatest revenue in August/September when the BTR
renewals are mailed out.
State Shared Revenues
This amount represents accruals for October. This revenue source includes State Sales Tax, Municipal Gas Tax,
Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax.
Garbage and Recycling Revenues
This amount represents actual collections for October. These are above target at 9.7%.
Recreation Fees (Leisure Services)
Recreation Fees are below target at 6.2%.
Investment Income
Investment Income is above target at 12.2%. This is a direct result of a fluctuating market in the rate of return.
Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October. It is slightly below target at 7.4%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October. It is right on target at 8.4%.
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
GENERAL FUND
FY 2023-2024 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 5,446,700 0.0% 453,892
Cash Forward- R&R 200,000 0.0% 16,667
Ad Valorem Taxes 6,260,562 0.0% 521,714
Local Option Gas Tax 358,000 29,833 8.3% 29,833
Franchise Fees 985,500 71,583 7.3% 82,125
Utility Taxes 1,376,750 143,757 10.4% 114,729
Communications Service Tax 424,000 35,333 8.3% 35,333
Permits&Licenses 678,475 42,718 6.3% 56,540
Federal Grants 956,500 0.0% 79,708
State Grants 75,000 0.0% 6,250
State Shared Revenue 1,112,700 94,007 8.4% 92,725
Local Shared Revenue 134,875 0.0% 11,240
Charges for Services 106,868 8,585 8.0% 8,906
Garbage&Recycling Revenue 1,514,195 147,216 9.7% 126,183
Recreation Fees 307,700 19,141 6.2% 25,642
Fines&Forfeitures 18,350 (569) -3.1% 1,529
Interest Income 249,450 30,524 12.2% 20,788
Fire Hydrant Rental Fee 89,950 0.0% 7,496
Miscellaneous Revenue 50,500 754 1.5% 4,208
PAL Program Revenue 25,000 15,458 61.8% 2,083
Transfer from School Guard Crossing Fund 2,100 0.0% 175
Transfer from CRA Fund 1,114,173 0.0% 92,848
Contribution from Wastewater Fund 847,564 70,630 8.3% 70,630
Contribution from Stormwater Fund 19,566 1,631 8.3% 1,631
TOTAL REVENUES $ 22,354,478 $ 710,601 3.2% $ 1,862,873
EXPENDITURE
Legislative 93,077 3,131 3.4% 7,756
Administrative Services 642,011 10,893 1.7% 53,501
Comm Dev/Code Enf/Econ Development 769,216 41,850 5.4% 64,101
Protective Services 3,796,947 606,243 16.0% 316,412
Fire/Rescue Services 2,611,690 394,682 15.1% 217,641
Building 493,744 23,199 4.7% 41,145
Infrastructure Maintenance 1,908,396 75,343 3.9% 159,033
Resiliency Division 1,017,444 8,702 0.9% 84,787
Parks Recreation +Community Affairs 2,329,353 72,966 3.1% 194,113
Legal Services 319,476 0.0% 26,623
Solid Waste 1,518,000 533 0.0% 126,500
Debt Service 1,420,143 0.0% 118,345
Non-Departmental 5,205,912 183,597 3.5% 433,826
Contingency 229,069 0.0% 19,089
TOTAL EXPENDITURES $ 22,354,478 $ 1,421,139 6.4% $ 1,862,873
Excess of Revenues Over/(Under) Expenditures $ (710,538)
Page 1 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
POLICE EDUCATION FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,140 41 3.6% 95
Interest Income 204 25 12.3% 17
TOTAL REVENUES $ 1,344 $ 66 4.9% $ 112
EXPENDITURE
Education&Training - -
Contingency 1,344 0.0% 112
TOTAL EXPENDITURES $ 1,344 $ - 0.0% $ 112
Excess of Revenues Over/(Under) Expenditures $ 66
FIRE PROTECTION FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R - -
Interest Income 540 0.0% 45
TOTAL REVENUES $ 540 $ - 0.0% $ 45
EXPENDITURE
Contingency 540 0.0% 45
TOTAL EXPENDITURES $ 540 $ - 0.0% $ 45
Excess of Revenues Over/(Under) Expenditures $ -
Page 2 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
SCHOOL CROSSING GUARD FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,400 0.0% 117
Parking Fine Surcharge 700 30 4.3% 58
TOTAL REVENUES $ 2,100 $ 30 1.4% $ 175
EXPENDITURE
Transfer to General Fund 2,100 0.0% 175
Contingency - 0.0% -
TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 175
Excess of Revenues Over/(Under) Expenditures $ 30
LIBRARY FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Ad Valorem Taxes 78,019 0.0% 6,502
Interest Income 5,400 709 13.1% 450
TOTAL REVENUES 83,419 $ 709 0.8% $ 6,952
EXPENDITURE
Operating Expenses 34,475 18,912 54.9% 2,873
Capital Purchases 30,000 0.0% 2,500
Contingency 18,944 2,500 13.2% 1,579
TOTAL EXPENDITURES 83,419 21,412 25.7% $ 6,952
Excess of Revenues Over/(Under) Expenditures $ (20,703)
Page 3 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward
Shared Revenue from Cape Canaveral 1,383,417 0.0% 115,285
Shared Revenue from Brevard County 1,217,800 0.0% 101,483
Interest Income 2,500 0.0% 208
Transfer from General Fund 150,000 0.0% 12,500
TOTAL REVENUES 2,753,717 - 0.0% $ 229,476
EXPENDITURE
Operating Expenses 157,215 15,710 10.0% 13,101
Capital Purchases 728,000 8,174 1.1% 60,667
Debt Service 866,496 0.0% 72,208
Transfer to General Fund 300,000 0.0% 25,000
Contingency 702,006 0.0% 58,501
TOTAL EXPENDITURES 2,753,717 23,884 0.9% $ 229,476
Excess of Revenues Over/(Under) Expenditures $ (23,884)
Page 4 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
AM
IMPACT FEES FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Interest from Investment - 997 0.0% -
Impact Fees- Police 19,250 0.0% 1,604
Impact Fees- Fire/Rescue 3,376 0.0% 281
Impact Fees-Transportation 0.0% -
Impact Fees- Parks/Recreation 22,700 0.0% 1,892
Impact Fees-General Government 15,850 0.0% 1,321
Impact Fees-Aerial Fire Truck 9,520 0.0% 793
Impact Fees- Library 12,000 0.0% 1,000
TOTAL REVENUES 82,696 997 1.2% $ 6,891
EXPENDITURE
Contingency 82,696 0 6,891
TOTAL EXPENDITURES 82,696 - 0.0% $ 6,891
Excess of Revenues Over/(Under) Expenditures $ 997
LAW ENFORCEMENT TRUST FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Interest-State 40 4 10% 3
Transfer from General Fund 11,073 0% 923
TOTAL REVENUES 11,113 4 0.0% $ 926
EXPENDITURE
School Resource Officer 11,113 0% 926
TOTAL EXPENDITURES 11,113 - 0.0% $ 926
Excess of Revenues Over/(Under) Expenditures $ 4
Page 5 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2023
WASTEWATER ENTERPRISE FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 300,000 0.0% 25,000
Federal Grant 127,500 0.0% 10,625
Utility Operating Income 5,519,082 406,471 7.4% 459,924
Utility Penalty Income 70,000 4,838 6.9% 5,833
Sewer Assessment Fees 84,000 0.0% 7,000
Reuse Hook-Up Fees 2,925 0.0% 244
Reclaimed Water Revenue 91,650 7,874 8.6% 7,638
Investment Income 7,200 1,055 14.7% 600
Sale of Fixed Assets 500 0.0% 42
Transfer from General Fund 1,400,000 0.0% 116,667
Transfer from CRA Fund 52,323 0.0% 4,360
SRF Loan Proceeds 1,320,000 0.0% 110,000
Miscellaneous Income 2,000 708 35.4% 167
TOTAL REVENUES 8,977,180 420,946 4.7% $ 748,098
EXPENDITURE
Personal Services 1,970,298 142,846 7.2% 164,192
Operating Expenses 1,658,749 128,472 7.7% 138,229
Debt Service 710,040 20,475 2.9% 59,170
Capital Purchases 3,747,500 0.0% 312,292
Contribution to General Fund 847,564 70,630 8.3% 70,630
Contingency 43,029 0.0% 3,586
TOTAL EXPENSES 8,977,180 362,423 4.0% $ 748,098
Excess of Revenues Over/(Under) Expenses $ 58,523
Alliir
STORMWATER ENTERPRISE FUND
FY 2022-2023 OCT 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 301,500 0.0% 25,125
Grants 580,000 0.0% 48,333
Stormwater Utility Fees 1,087,800 91,403 8.4% 90,650
Investment Income 4,500 803 17.8% 375
Transfer from General Fund 917,500 0.0% 76,458
TOTAL REVENUES $ 2,891,300 $ 92,206 3.2% $ 240,942
EXPENDITURE
Personal Services 383,327 25,088 6.5% 31,944
Operating Expenses 318,360 3,601 1.1% 26,530
Capital Purchases 1,986,500 0.0% 165,542
Contribution to General Fund 19,566 1,631 8.3% 1,631
Contingency 183,547 0.0% 15,296
TOTAL EXPENSES 2,891,300 30,320 1.0% $ 240,942
Excess of Revenues Over/(Under) Expenses $ 61,886 Page 6 of 6
Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE
As of October 31,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.37%
Interest earned for the month: $ 33,684.42
General Fund
Committed (Constrained by Council)
Expansion Recreation 45,418.01
Expansion Police 34,386.01
A1A Replenishment 24,000.00
Capital Equipment Renewal&Replacement 230,722.56
Total Committed $ 334,526.58
Assigned -General Fund Emergency Reserve $ 1,495,349.01
Unassigned $ 479,435.20
Total General Fund SPIA Investments: $ 2,309,310.78
Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,328,039.90
Florida Safe Note 2021 -0.06%(average monthly) 187,785.51
Florida Safe ARPA Reserve-0.06%(average monthly) 3,898,292.22
Total General Fund Florida Safe Investments: $ 5,414,117.63
Total General Fund Investments: $ 7,723,428.41
Special Revenue Funds
Restricted (by outside party)
Police Education Fund 12,836.21
Aerial Fund -
Library Fund 359,916.88
Impact Fees 506,269.01
Law Enforcement Trust Fund 1,836.72
Total Restricted $ 880,858.82
Total Special Revenue Fund SPIA Investments: $ 880,858.82
Enterprise Funds
Wastewater Fund:
Wastewater General -Unrestricted -
Wastewater Fund Renewal&Replacement 557,727.22
$ 557,727.22
Stormwater Fund:
Stormwater Fund - Unrestricted -
Stormwater Fund Renewal&Replacement 424,638.92
$ 424,638.92
Total Enterprise Fund SPIA Investments: $ 982,366.14
TOTAL SPIA&FLSAFE INVESTMENTS $ 9,586,653.37