Loading...
HomeMy WebLinkAboutcocc_council_mtg_packet_20240116_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 16, 2024 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. ROBERTS RULES REFRESHER PRESENTATION Presented by Anthony Garganese, City Attorney 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 6:30 p.m. — 6:35 p.m. 1. Approve Minutes for the December 19, 2023 Regular Meeting. 2. Approve the donation of a 2011 Ford Expedition from Canaveral Fire Rescue to Merritt Island Volunteer Fire Department. 3. Approve quote from Kimley Horn and Associates in the amount of $7,500 to prepare a drainage feasibility Study related to the future Civic Hub exfiltration system and authorize the City Manager to execute the same. PUBLIC HEARINGS 1 6:35 p.m. — 7:20 p.m. 4. 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. (Postponed from the December 19, 2023 City Council Regular Meeting) 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, 8669, and 8671 Maple Court from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly City of Cape Canaveral, Florida City Council Regular Meeting • January 16, 2024 Agenda • Page 2 of 6 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, second 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, 8669, 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, second 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 14, 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 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue, and Lots 15 and 15.01 Park Villas Phase Two, according to the Plat thereof, as recorded in Plat Book 41, Page 6, of the Public Records of Brevard County, Florida and located at 104 and 106 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, second reading; and Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 through 14, 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 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue, and Lots 15 and 15.01 Park Villas Phase Two, according to the Plat thereof, as recorded in Plat Book 41, Page 6, of the Public Records of Brevard County, Florida and located at 104 and 106 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 and an effective date, second 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, second reading; and City of Cape Canaveral, Florida City Council Regular Meeting • January 16, 2024 Agenda • Page 3 of 6 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, second 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, second 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, 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, second 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 and 110 Jefferson Avenue, Lots 1 and 2 of Jefferson Villas according to the Plat thereof recorded at Plat Book 48, Page 7 of the Public Records of Brevard County, Florida, and located at 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 City of Cape Canaveral, Florida City Council Regular Meeting • January 16, 2024 Agenda • Page 4 of 6 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 and 109 Adams Avenue, Lots 1 and 2 of Adams Villas Replat according to the Plat thereof recorded at Plat Book 47, Page 77 of the Public Records of Brevard County, Florida, and located at 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, second 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 and 110 Jefferson Avenue, Lots 1 and 2 of Jefferson Villas according to the plat thereof recorded at Plat Book 48, Page 7 of the Public Records of Brevard County, Florida, and located at 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 and 109 Adams Avenue, Lots 1 and 2 of Adams Villas Replat according to the Plat thereof recorded at Plat Book 47, Page 77 of the Public Records of Brevard County, Florida, and located at 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 and an effective date, second 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 City of Cape Canaveral, Florida City Council Regular Meeting • January 16, 2024 Agenda • Page 5 of 6 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, second 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, second 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, second reading; and Ordinance No. 14-2024; adopting a Zoning Map Amendment fora 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, second 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, second 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 City of Cape Canaveral, Florida City Council Regular Meeting • January 16, 2024 Agenda • Page 6 of 6 116 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, second reading. ITEMS FOR DISCUSSION 1 7:20 p.m. — 7:40 p.m. 13. EV Charging Station Additional Options, New Trends, and State of the Industry Discussion (Submitted by Council Member Jackson) 14. Discussion on the City Monthly Financial Reports, Budget and CIP (Submitted by Mayor Morrison) REPORTS 1 7:40 p.m. — 7:50 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 15. Monthly Financial Report — November 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. 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 December 19, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 p.m. Council Member Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. Parks and Recreation + Community Affairs Dir. 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 Tim Carlisle Dave Dickey Molly Thomas Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: 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: Mayor Morrison read and presented the Proclamation to the 144th EWS Lt. Colonel and Commander Anthony Surman, Senior Master Sgt. Dan Flores, Master Sgts. Nick Palmer and Brittany Palmer, and Technical Sgts. Chelsea Smith and Aaron Leyte; and to the 125th Regional Support Group Florida Air National Guardsmen Commanders and Cols. Scott McGuire and David Siemion and CM Sgt. William Ryals. Lt. Colonel Surman discussed how 144t" EWS Guardsmen live, work in and offer enduring continuity and support to Floridians in times of disaster and relief, and thanked the City. Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2022: Mayor Morrison City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 2 of 9 explained the Item and presented the Certificate to Administrative/Financial Services Director DeLeo. Director DeLeo addressed Council and thanked Staff. PUBLIC PARTICIPATION: Residents and property owners Jo Ann Marshall, Jeanne Derba, Sharon Lederer, Leann Cox, and Mitch Boxx discussed various concerns including negative impacts to health, to real estate values and a vacated Eagles nest possibly due to the activities of a business located adjacent to the Portside Villas Condominiums. Community and Economic Development Directory Dickey discussed City Code Enforcement case status of Ambassador Services, Inc., and the Binding Development Agreement between the company and the City. Discussion ensued regarding the Code Enforcement violations versus the Binding Development Agreement and a possible amendment which would have to be brought back to the Council. City Manager Morley directed Staff to proceed to the Special Magistrate regarding the Code Enforcement violations. Thomas Vanfossen, resident, discussed support for the City's EV Charging Program and thanked Council for the effort. CONSENT AGENDA: Council Member Jackson removed Item 2. 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. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Consent Agenda. Discussion ensued and Council Member Jackson removed Item 2. The Council reached consensus to withdraw the motion on the floor. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve Consent Agenda Item 1. The motion carried 5-0. #2. Discussion ensued regarding Commercial General Liability Insurance coverage concerns on page 11 of the current Agreement. City Attorney Garganese discussed those are minimum coverages, the company is required to provide an Insurance Certificate annually which may be more than that shown, and the City is also protected by the Indemnity and Hold Harmless provision. A motion was made by Council Member Jackson, seconded by Council Member Willis, to approve Consent Agenda Item 2. The motion carried 5-0. PUBLIC HEARINGS: 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: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included concerns regarding existing properties that are over the density threshold based on the number of units per square mile, whether this action would set a precedence, Florida Senate Bill 102 the "Live Local Act", legislative control over the City's development, and threats to Home Rule. City Attorney Garganese discussed Live Local Act impacts. Discussion continued regarding how the Lot Split process would not be affected by the Ordinance. City Attorney Garganese discussed how the Ordinance addresses certain properties which would have to go before Council on a case -by -case basis, the measure provides Council with extensive power regarding applications, development agreements, the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 3 of 9 ability to control Mixed -use, and will not apply to industrial or commercial properties. Discussion continued regarding the heightened level of public involvement in the proposed Mixed -use process. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion continued and included the timeline going forward, Land Development Regulations, the requirements to submit Future Land Use Map changes and Planned Unit Development Zoning ordinances to implement Mixed -use Projects, desire for a map of properties that meet the minimum 7-acre parcel requirement, desire to postpone the Item, and flexibility to make additional changes before submitting to the State. Council reached consensus to postpone the Item until January. Discussion continued and included stormwater mitigation, City Manager Morley's recommended amendment to Page 7, line 241 by striking "six (6) stories" and "four (4) stories" and inserting "sixty-five (65) feet" and "forty-five (45) feet", City Attorney Garganese guidance on making the proper motion for postponement of the Item to preserve the legal advertisement of December 7, 2023, and the potential impacts of the Ordinance on traffic flow and Traffic Concurrency. Council reached consensus for Staff to create a map of the City properties eligible under the minimum 7-acre parcel requirement provision of Ordinance No. 10-2023. A motion was made by Mayor Morrison, seconded by Council Member Willis, to postpone the Item to a date certain of January 16, 2024 at 6:00 p.m. at City Hall. Discussion ensued regarding the changes on page 7 that will be made. The motion carried 5-0. 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: City Attorney Garganese read the title into the record, explained the Item, noted errors in the draft .pdf document where the letter "z" disappeared, explained Staff's proposed additional language to Sec. 110-1. — Definitions, Clubs and lodges. ", and is licensed as a restaurant and/or alcoholic beverage establishment." Discussion ensued and included the use of language under Definitions "not primarily for profit" versus covering all the statutory tax code references, the purpose of the Definition having a descriptive purpose rather than regulatory, and the small amount of clubs and lodges in the City. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Manager Morley advised that upon adoption of the Ordinance, one of the first actions will be to cancel those Code Enforcement cases related to parking violations at restaurants and bars, and the property owners will be notified. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 12-2023, as amended, on second reading. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:47 p.m. The meeting reconvened at 8:00 p.m. 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: City Attorney Garganese read the titles of both Ordinances into the record. Community and Economic Development Director Dickey explained the Items, and discussed the process for property owners to request to be removed from consideration of any of the subject Ordinances or meet with Staff to learn more. City Attorney Garganese explained the Administrative Zoning process, and the intent to make the Zoning map consistent with current uses. The Public Hearing was opened. Mathew Barreto, 8659 Maple Court, expressed City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 4 of 9 concerns regarding the 7-day minimum restrictions to those properties that will not be grandfathered in for vacation rental use in the future. City Manager Morley explained how the Brevard County Tax Collector's Office ad valorem tax rates are based on the use of properties, these subject properties will remain residential, and are not changing to anything else as a result of this re -zoning. The Public Hearing was closed. City Attorney Garganese explained potential negative impacts for the subject properties if they were to remain in non -conforming status under the law, and how the City's Vacation Rental Ordinance permits non -conforming residential use in commercial areas to rent for less than seven days. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 01-2024, on first reading. The motion carried 5-0. 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: A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 02-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the titles of both Ordinances into the record. Director Dickey noted minor corrections will be made in the Ordinance Title before second reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 03-2024, on first reading. The motion carried 5-0. 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, 104106, 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 04-2024, on first reading. The motion carried 5-0. 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, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 5 of 9 incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Willis, to adopt Ordinance No. 05-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 06-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 07-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Jackson, to adopt Ordinance No. 08-2024, on first reading. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 6 of 9 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 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: City Attorney Garganese read the titles of the Ordinances into the record. Discussion ensued and included a request received by Staff from the owner of 107 Adams Avenue, Jennifer Poore, to be removed from consideration of the two proposed Ordinances, the unit is currently rented long-term, and the owner is considering turning the property into a vacation rental due to the increase in property taxes, a motion to remove the property from the Ordinance and whether Council is in agreement to do so, the email read into the record between the property owner of 107 Adams Avenue and Staff on November 15, 2023 which confirms Ms. Poore's desire to be grandfathered in to commercial status after having been made aware of the ramifications of doing so. City Attorney Garganese advised that if Council removes 107 Adams Avenue now, it cannot be put back for second reading of the Ordinance. City Manager Morley directed Staff to correspond with Ms. Poore to get confirmation before second reading. Discussion continued regarding there being no Code Enforcement complaints at 107 Adams Avenue, concern that the owner shares a wall with the property next door, how the City Council may proceed with Administrative Rezoning over the objection of property owners for which contesting such action would be up to the property owner, whether the other owners are aware of the Ms. Poore's intentions to remain in commercial status, and the rights of owners to rebuild under R-2 Zoning in the event the properties are destroyed. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 09-2024, as written, on first reading. The motion carried 5-0. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 7 of 9 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: A motion was made by Council Member Willis, seconded by Council Member Davis to adopt Ordinance No. 10-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Jackson, to adopt Ordinance No. 11-2024, on first reading. The motion carried 5-0. 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: A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 12-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 13-2024, on first reading. The motion carried 5-0. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 8 of 9 an effective date, first reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 14-2024, on first reading. The motion carried 5-0. 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: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 15-2024, on first reading. Discussion ensued regarding the structure fire at 108 Madison being a perfect example so that owners may rebuild, and what property owners must do in the event their commercial, non -conforming use properties are destroyed. The motion carried 5-0. 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: A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 16-2024, on first reading. The motion carried 5-0. REPORTS: Mayor Pro Tem Kellum discussed representing the City in the Cocoa Beach Area Merchants Association Christmas Parade with her granddaughters, thanked Staff and wished everyone a Merry Christmas. Council Member Jackson thanked Staff, expressed pleasure in being able to serve on Council and wished everyone a Merry Christmas and Happy New Year. Council Member Willis discussed attending the Coffee with the Cop and the success of the Brevard County Sheriff's Office Fraud, Scams and Identity Theft, presentation where they also collected food for the needy, and expressed thanks to the City for helping to advertise the event, thanked Staff and wished all a Merry Christmas. Council Member Davis expressed thanks to Staff and wished all a Merry Christmas and Happy New Year, and discussed the idea for having the Cocoa Beach High School Orchestra perform at the City's hosted Meeting in April 2024 of the Space Coast League of Cities. Mayor Morrison wished all a Merry Christmas and Happy New Year, discussed the success of the Annual Reindeer Run/Walk, Holidays in the City at the C5 with a performance by the Cocoa Beach High School Orchestra, and recognized Executive Assistant to the City Manager/Office Manager Day for her great work on the City's Giving Tree Program and thanked Council, Staff and the Community for making it happen. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 19, 2023 Minutes • Page 9 of 9 City Manager Morley thanked Executive Assistant to the City Manager/Office Manager Day for her work on the City's Giving Tree Program, thanked the volunteers that wrapped a record number of presents donated this year, and thanked Mayor Morrison and his family for working late the previous night to finish the job; and discussed the status of the Mayor and Council office moves in City Hall, and the City of Cape Canaveral 60t Anniversary banners give-away and raffle program which Human Resources/Risk Management Director Huser will work with Mayor Morrison together on; and wished all a Merry Christmas and Happy New Year. ADJOURNMENT: The Meeting was adjourned at 9:20 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Approve the donation of a 2011 Ford Expedition from Canaveral Fire Rescue to the Merritt Island Volunteer Fire Department. Department: City Manager's Office/Canaveral Fire Rescue Summary: The Merritt Island Volunteer Fire Department (MIVFD) has requested the donation of a 2011 Ford Expedition that Canaveral Fire Rescue (CFR) is disposing of. The asset is jointly owned by the City of Cape Canaveral and Canaveral Port Authority (Port). Accordingly, the donation requires approval from both entities. The vehicle was purchased in 2011 for $28,016.64, with the cost split evenly between the City and Port ($14,008.32 each). Attachment 1 documents MIVFD's request for the vehicle, Chief Sargeant's recommendation to approve the donation and the Port's indication that CFR is clear to donate the vehicle. In this correspondence, Chief Sargeant indicates the vehicle has a Kelly Blue Book value range of $4,843 to $7,924. The vehicle has been fully depreciated by both the City and Port (Attachment 2). If the vehicle is not donated it will be auctioned and the proceeds split between the City and the Port. Chief Sargeant recommends that the vehicle be donated as the City and Port receive Mutual Aid from the MIVFD. Submitted By: Todd Morley/Chief Dave Sargeant Attachments: 1 — Request, recommendation and Port approval correspondence 2 — Depreciation statements 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: Approve the donation of a 2011 Ford Expedition from Canaveral Fire Rescue to Merritt Island Volunteer Fire Department. Approved by City Manager: Todd Morley Attachment 1 From: To: Subject: Date: Attachments: Dave Sargeant Todd Morley FW: Request for Vehicle Tuesday, December 12, 2023 9:54:28 AM image005.pnq image006.pnq image007.pnq image008.pnq image009.pnq imaoe010.pnq imaae011.pnq imaae012.pnq imaae013.pnq imaae014.pnq FAM001431 Licensed Flre Vehicle-SUV.pdf Dave Sargeant Fire Chief - Canaveral Fire Rescue Tel: (321) 783-4424 Ext. 202 dsargeant©ccvfd.orq I www.ccvfd.org [ccvfd.org] Canaveral Fire Rescue 8970 Columbia Rd Cape Canaveral, FL 32920 Il[facebook.com]Q[twitter.com1 in [linkedin.com] From: Peter Bergeron <PBergeron@portcanaveral.com> Sent: Monday, December 11, 2023 8:42 AM To: Chris Quinn <cquinn@ccvfd.org>; Dave Sargeant <dsargeant@ccvfd.org> Cc: Cory Dibble <cdibble@portcanaveral.com> Subject: FW: Request for Vehicle Chris/Dave, You are clear to donate the vehicle from CPA pending approval from the City Of Cape Canaveral. Let me know your decision, so I can make sure it is included on our disposal list. Peter CANAVERAL PORTAUTHORITY Peter Bergeron Senior Director, Public Safety & Security Tel: (321) 394-3269 1 Mob: (321) 313-2697 PBergeroMaportcanaveral.com I www.portcanaveral.com Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC 1 Cape Canaveral 1 FL 1 32920 Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Pat Poston <ppostonPportcanaveral.com> Sent: Sunday, December 10, 2023 1:09 PM To: Peter Bergeron <PBergeron@portcanaveral.com>; Michael Poole <MPoole@portcanaveral.com> Cc: Kaleigh Stanley <KStanley@portcanaveral.com>; Canaveral Fire Department - Dave Sargeant <dsargeant@ccvfd.ora> Subject: RE: Request for Vehicle Thanks Peter. The subject Fire vehicle SUV was purchased in 2011. It is fully depreciated. I have attached the cover sheet. If you want to give it to the MIVFD, it will need to be included on the disposal list for the commission to approve. Kaleigh provides this list to me each month, so I have included her on this email. The book value is $0. The explanation will be — no longer used and giving to another fire department in the Port districts. That is all we need. I do not know what approval Dave will need from City of Cape Canaveral for their half, if any. Thanks Pat Pat Poston l l Sr. Director of Finance Tel: (321) 394-3273 1 Mob: (321) 863-0642 CANAVERAL pposton@portcanaveral.com I www.portcanaveral.com PORrAUr oRTr Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC-351 1 Cape Canaveral 1 FL 1 32920 Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Peter Bergeron <PBergeron@portcanaveral.com> Sent: Friday, December 8, 2023 12:57 PM To: Michael Poole <MPoole@portcanaveral.com>; Pat Poston <pposton@portcanaveral.com> Subject: FW: Request for Vehicle FYI Peter Bergeron les Senior Director, Public Safety & Security 1\11I Tel: (321) 394-3269 1 Mob: (321) 313-2697 CANAVERAL PBergeron@portcanaveral.com I www.portcanaveral.com PORraUrHoRrr Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC 1 Cape Canaveral 1 FL 1 32920 Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Dave Sargeant <dsargeant@ccvfd.ora> Sent: Wednesday, December 6, 2023 4:37 PM To: Peter Bergeron <PBergeron@portcanaveral.com> Cc: Canaveral Fire Department - Chris Quinn <cquinn@ccvfd.org> Subject: RE: Request for Vehicle CAUTION - EXTERNAL NON -CPA EMAIL FAM 001431 CANAVERAL PORTAUTHORITY Peter Bergeron Dave Sargeant Fire Chief - Canaveral Fire Rescue Tel: (321) 783-4424 Ext. 202 dsargeant@ccvfd.orq I www.ccvfd.org [ccvfd.org] Canaveral Fire Rescue 8970 Columbia Rd Cape Canaveral, FL 32920 IJ[facebook.com]D[twitter.comainkedin.com] From: Peter Bergeron <PBergeron@portcanaveral.com> Sent: Wednesday, December 6, 2023 4:21 PM To: Dave Sargeant <dsargeantPccvfd.ora> Cc: Chris Quinn <cquinn@ccvfd.ora> Subject: FW: Request for Vehicle Do you have the fixed asset number? li Senior Director, Public Safety & Security Tel: (321) 394-3269 1 Mob: (321) 313-2697 PBergeron@portcanaveral.com I www.portcanaveral.com Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC 1 Cape Canaveral 1 FL 1 32920 WISIMIDO Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Pat Poston <pposton(a)portcanaveral.com> Sent: Wednesday, December 6, 2023 3:57 PM To: Michael Poole <MPoolePportcanaveral.com>; Peter Bergeron <PBergeronPportcanaveral.com> Subject: RE: Request for Vehicle Yes. It will be included in the disposals list, with explanation of donation. We do not go by KBB value. We will be affected by our Current book value. Peter -please get me the Fixed Asset number so we can confirm book value, if any. You can get the FAM # from Kaleigh. Let me know if you need any assistance. Pat Ael 111 CANAVERAL PORTAUTHORITY Pat Poston Sr. Director of Finance Tel: (321) 394-3273 1 Mob: (321) 863-0642 pposton@portcanaveral.com I www.portcanaveral.com Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC-351 1 Cape Canaveral 1 FL 1 32920 CitiftnE Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Michael Poole <MPoole( portcanaveral.com> Sent: Wednesday, December 6, 2023 3:21 PM To: Pat Poston <pposton@portcanaveral.com>; Peter Bergeron <PBergeron@portcanaveral.com> Subject: Fwd: Request for Vehicle Pat, Let's discuss. Is this on our Fixed Assets? Does this need Board approval? List of Disposals, etc. like we normally do. Thank you Mike Get Outlook for iOS Michael Poole Chief Financial Officer 1%00 Tel: (321) 394-3222 1 Mob: (904) 677-6237 CANAVERAL MPoole@portcanaveral.com I www.portcanaveral.com PORT AUTHOR rr Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC - 353 1 Cape Canaveral 1 FL 1 32920 Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Peter Bergeron <PBergeron@portcanaveral.com> Sent: Wednesday, December 6, 2023 1:57:19 PM To: Michael Poole <MPoole@portcanaveral.com> Subject: FW: Request for Vehicle Mike, CFR wants to donate a 2011 Ford Expedition purchased jointly by CPA and City of Cape Canaveral in 2011 to the Merritt Island Volunteer Fire Department. The vehicle has a KBB value range of $4843 to $7924. I recommend we approve the request to support our local community. Peter Peter Bergeron iSenior Director, Public Safety & Security Tel: (321) 394-3269 1 Mob: (321) 313-2697 CANAVERAL PBergeron@portcanaveral.com I www.portcanaveral.com PORTAUTHoRrr Canaveral Port Authority 1 445 Challenger Road 1 Bldg-Rm: MC 1 Cape Canaveral 1 FL 1 32920 0160 Under Florida Statute 668.6076, electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic mail contains information which may be privileged, confidential, or otherwise protected from disclosure. It is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this electronic mail is prohibited. If you have received this electronic mail in error, please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a From: Dave Sargeant <dsargeant@ccvfd.org> Sent: Wednesday, December 6, 2023 11:19 AM To: Peter Bergeron <PBergeron(Wportcanaveral.com>; City of Cape Canaveral - Todd Morley <t.morley@cityofcapecanaveral.org> Subject: FW: Request for Vehicle CAUTION - EXTERNAL NON -CPA EMAIL Todd and Peter, The MIVFD has requested the donation of a 2011 Ford Expedition that we are disposing of. It is joint owned and would have to be approved by both the Commission and Council. This vehicle has a KBB vale of $4,843 and $7924. If we don't donate this it will be auctioned off and the proceed split back to the City and Port. I recommend that we donate it as we receive Mutual Aid from them. Thanking you in advance for your consideration. Dave `RER4 crrY R PONT L \ RESCUE Dave Sargeant Fire Chief - Canaveral Fire Rescue Tel: (321) 783-4424 Ext. 202 dsargeant@ccvfd.orq I www.ccvfd.org [ccvfd.org] Canaveral Fire Rescue 8970 Columbia Rd Cape Canaveral, FL 32920 11[facebook.com]D[twitter.com][21[Iinkedin.com] From: Cope, Greg <Greg.Cope@brevardfl.gov> Sent: Monday, November 27, 2023 1:38 PM To: Dave Sargeant <dsargeant@ccvfd.org> Subject: Request for Vehicle Chief Sargeant, As our department is growing and need for services is increasing, MIVFD is requesting a donation of a department vehicle. If you are able to assist us in anyway we would greatly appreciate it. Greg Cope Chief, Merritt Island Volunteer Fire Department 300 Alma Blvd Merritt Island, FL 32953 321-987-3696 "Under Florida Law, email addresses are Public Records. If you do not want your e-mail address released in response to public record requests, do not send electronic mail to this entity. Instead, contact this office by phone or in writing." This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. Attachment 2 December 12, 2023 Canaveral Fire Rescue donation of a 2011 Expedition Ford to Merritt Island Volunteer Fire Department (MIVFD) The 2011 Ford Expedition is listed as an asset acquired in 2011. The accumulated depreciation is currently $14,008.32. The salvage value is $0.00. John DeLeo Administrative/Financial Services Director City of Cape Canaveral Cell# 321-704-4011 12/10/23, 1:00 PM FAM Asset - NetSuite (Canaveral Port Authority) FAM001431 Back Edit ID FAM001431 NAME SUV INACTIVE FIXED ASSET ID 2011128 ASSET DESCRIPTION SUV ASSET SERIAL NUMBER ALTERNATE ASSET NUMBER PARENT ASSET PROJECT Actions New FAM Alternate Depreciation METHOD Accounting Method Yes l Edit Back GL POSTING ASSET TYPE ASSET STATUS Licensed Fire Vehicles Fully Depreciated ASSET ORIGINAL COST CUSTOMER LOCATION 14,008.32 ASSET CURRENT COST COMPONENT OF 14,008.32 RESIDUAL VALUE PERCENTAGE 0.0% RESIDUAL VALUE 0.00 ACCOUNTING METHOD Straight Line ASSET LIFETIME 36 DEPRECIATION PERIOD Monthly ASSET LIFETIME USAGE CURRENT NET BOOK VALUE (2) 0.00 CUMULATIVE DEPRECIATION (2) 14,008.32 COMMISSION APPROVAL DATE ASSET IS LEASED DEPRECIATION START DATE DEPRECIATION END DATE ASSET STATUS VIEW 2/28/2011 2/27/2014 Fully Depreciated Depreciation Histories Actions https://3867087.app.netsuite.com/app/common/custom/custrecordentry.nl?rectype=451 &id=1431 1/1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve quote from Kimley Horn and Associates in the amount of $7,500 to prepare a drainage feasibility Study related to the future Civic Hub exfiltration system and authorize the City Manager to execute the same. Department: Capital Projects Summary: At the October 24, 2023 City Council Workshop Meeting (Attachment 1), the City Council hosted the third and final public workshop on the Civic Hub Project, presented by Kimley Horn and Associates, Inc. (KHA). The City Council reviewed revised conceptual plans for the Project. During the presentation, KHA cautioned against over -designing the stormwater improvements for the Project. City Council reached consensus for KHA to bring back a final conceptual design and a proposal for a Civic Hub/Presidential Streets stormwater exfiltration system volume study ("Study") KHA later recommended to Staff that the Study be conducted prior to producing any further work product, to ensure that the Project will meet the City's expectations in terms of stormwater relief in the Center Street Stormwater Basin. Accordingly, KHA has provided the attached feasibility analysis quote/Study (Attachment 2). The purpose of the Study is to determine the feasibility of bringing offsite runoff into the future Civic Hub exfiltration system to help alleviate flooding within the Center Street Basin. KHA will take advantage of the detailed data contained in the March 2022 Center Street Basin Stormwater Report prepared by Mead & Hunt, Inc. (M&H) (Attachment 3), which modeled the existing conditions of the Center Street Basin and provided several alternatives to improve the existing stormwater infrastructure in the basin. The KHA feasibility Study will include the following specified tasks: • Review the report provided by M&H • Review existing conditions of the Interconnected Channel and Pond Routing model of Center Street Basin (provided by M&H) • Provide the Client a technical memorandum summarizing all findings • Determine feasibility of routing runoff from offsite into the Civic Hub exfiltration system • (1) One Kickoff Meeting with the City of Cape Canaveral • (1) One Meeting with the St. Johns River Water Management District to discuss design criteria Once the Study is complete, we will have better hydrological knowledge of the quantity of stormwater that can be gathered and stored within the scope of the Civic Hub area. This will inform future design work for both future phases of the Civic Hub Project: • Phase 1 (stormwater system) — an understanding of design needs for the type and capacity of underground stormwater chambers. • Phase 2 (vertical amenities) — the ability to identify and prioritize ideal site areas to dedicate to underground stormwater storage. Correspondingly, this will help to quantify the preservation of the built environment and the preservation of canopy trees as proposed in the draft conceptual plan. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 3_ Page 2 of 2 Subsequent to completing this task, KHA will be able to update and provide the final conceptual design of the Civic Hub and further engineering design proposal(s). The FY 2023-24 CRA Budget includes $150,000 for the Civic Hub Project. The cost of the Study will be funded by this line item. Submitting Department Director: Tim Carlisle for Jeff Ratliff Attachments: Attachment 1 - October 24, 2023 City Council Workshop Meeting minutes Attachment 2 — KHA Feasibility Study Quote Attachment 3 - M&H 2022 Center Street Basin Stormwater Report Financial Impact: $7,500 for the Drainage Feasibility Study performed by KHA funded by the CRA; 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 quote from Kimley Horn and Associates in the amount of $7,500 to prepare a drainage feasibility Study related to the future Civic Hub exfiltration system and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday October 24, 2023 1:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 1:00 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis Council Member Mickie Kellum (via Webinar) Mayor Wes Morrison Mayor Pro Tem Angela Raymond Council Member Don Willis Others Present: City Manager City Clerk City Attorney Administrative/Financial Services Director Financial Services Deputy Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner Parks, Recreation + Community Affairs (PRCA) Dir. Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. DISCUSSION: Todd Morley Mia Goforth Anthony Garganese John DeLeo Jenny Coldiron Tim Carlisle Dave Dickey Kyle Harris Molly Thomas Lisa Day Scott Molyneaux Receive updated Civic Hub Project information, receive public comment, provide feedback for Kimley-Horn & Associates, Inc. (KHA) and direction to City Manager on moving forward with the planning and construction of the Civic Hub Project: City Manager Morley discussed the Civic Hub Project history, and using the City's Community Redevelopment Agency budget and leftover funds from the American Rescue Plan Act to pay the lion's share of the Project. Scott Mingonet, Principal KHA, introduced the KHA Project representatives and made a presentation which showed Council approved changes made to the Civic Hub Master Plan since the previous City Council Civic Hub Workshop Meeting. Discussion ensued and included underground exfiltration systems and engineering to tie into stormwater systems surrounding the Civic Hub area, examples of plastic vaults versus concrete box systems, including efficiency, cost and lifespan comparisons, various design features, refined play area around the major event section, cost benefits and analysis of concrete versus pavement, Council may identify Project priorities based on the Phased Cost analysis and Opinion of Probable Construction Costs contained within the Presentation Slide 29 City of Cape Canaveral, Florida City Council Workshop Meeting October 24, 2023 Minutes • Page 2 of 2 (attached), and why certain improvements should be done collectively such as the Pickle Ball and Tennis courts. Mayor Morrison recessed the meeting at 2:06 p.m. The meeting reconvened at 2:21 p.m. Discussion continued regarding the inclusion of a beverage service area in the Plan Design for beverage sales during events, Tennis in the City dates to 1976, the number of courts required for team tournaments, the sufficient amount of stormwater area based on the Plan design, completing the Project in two phases with underground improvements starting first, Mr. Mingonet's caution in over -design for stormwater improvements, support for going forward with $150,000 for stormwater design, and starting a memorial paver program which would need to be vehicular and pedestrian rated. Administrative/Financial Services Director DeLeo discussed the importance of financing the Project. Discussion continued regarding areas and structures to be demolished, impacts on Friday Fest and moving the event to a temporary location, and the lowest point in the Center Street Basin area located in proximity to the Civic Hub Project. Capital Projects Deputy Director Carlisle discussed how the middle 300 block of Fillmore, Taylor and Magnolia, contains a high concentration of impervious surfaces, is the lowest area, and acts as a gully taking on a lot of water. Discussion continued regarding utilizing the Mead & Hunt Center Street Basin Stormwater System Analysis for KHA's design work, and how this discussion crystallized the scope and direction of the Project. Shannon Roberts, resident and property owner, discussed concerns including the overall flow and aesthetic design of the Civic Hub Master Plan, sufficient parking and opportunities for Federal Funding. Discussion continued how the Civic Hub area will become a greener space and a significant buffer along State Road A1A, desire to maintain existing trees, moving the entry way arch feature to face State Road A1A, and preservation of the mural on Taylor Avenue. KHA Engineer Randy Gonzalez, advised how the City needs to conduct a study to identify the total volume needed for the new underground stormwater exfiltration system to handle both the Civic Hub area first and the Presidential Streets second, to find out which of those streets the City intends on treating/receiving stormwater from. City Manager Morley discussed possible Council consensus based on the input received. Discussion ensued regarding providing KHA access to all City stormwater studies, request for costs of more studies, and KHA study costs will be based on the City studies already done to avoid duplication of data. Council reached consensus for KHA to bring back a final conceptual design and a proposal for a Civic Hub/Presidential Streets stormwater exfiltration system volume study within the next two months. Discussion ensued regarding support for the Plan, thanks to Staff and KHA, and desire to pursue grant funding opportunities for this Project. Council Member Davis requested, out of respect and courtesy, that any consideration of future meetings of Council, to schedule them at 4:00 p.m. or later, unless they are of an urgent nature. Mayor Morrison made note of the request and thanked Council Member Davis ADJOURNMENT: The Workshop Meeting was adjourned at 3:24 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment to the October 24, 2023 City Council Workshop Minutes Opinion of Probable Construction Costs 1nitasuucture and ParkEnhahcenients, $5,690,000 General Conditions and Mobilization $250,000 - Demolition/Clearing/Earthwork/Grading/ S220,000 Gateway Improvements:low knee wall and plaza along AlA and Poinsetta Gateway $350,000 /�; Signage $30,000 �V+ Concrete/Paving Construction: $230,000 Sheriff's parking lot.existing lot along Poinsetto,additional parking along Fillmore,pedestrian and heavy duy sidewalks,including subbase. Enhanced Concrete Construction: $800,000 Vehicular pavers at Food Truck Court and Taylor Avenue,pervious pavers to enhance stonnwater,removable bollards,synthetic turf at Event Lawn,raised decking at passive area Franchise utilities: $35,0o0 Lighting/Electrical: $500,000 Taylor pedestrian lighting,area Festoon lighting,pathway pedestrian and decorative lighting, landscape and accentlighting,event panel,performance stage lighting and panel,service panels,security lighting throughout park. Stormwater: $2,600,000 i Underground stormwatersyut ems;Food truck area,Taylor Avenue,Event Lawn,Tennis Courts, _ Pickleball Courts,NE Parking lnf East Parking lot .� Potable Water S75,000] _ �� Sanitary Sewer $130,000 Furnishings and Audio $130,000 Landscape $250,000 Irrigation $90,000 F Restrfroo m Building and ConcessionBuilding_."± $2St,78p� ti , 00 Bathrooms,Concession structure,covered plaza structure behind existing mural wall, enhancements to back of mural wall,storage behind both the restrooms and concession structures. Performance Amphitheatre: $500,000 27'x 20'x 12-15'height,includes elevated stage area,ADA accessibility and A footers/foundation I Small Shade Pavillions:4 total structrures within the park area $250,000 Architectural/Decorative Swings S200,000 Architectural mounds and play structure:includes rubberized surface and play structure $150,000 Pickleball Courts:6 pickleball courts with concrete sub-base,fencing and lighting $300,000 Tennis Courts:2 tennis courts with concrete sub-base,fencing and lighting $300,000 Nancy Hanson Center upgrades:upgrades including painting,modemization and ADA $80,000 improvements All estimates are in 2023 dollars; no escalation ha con5m;rnon'suutotal $sazoaoo been applied,see disclaimer included in full OPC Soft Costs(A&E design,permitting)-10%% 5847,0001 Contingency(Conceptual Level)-15% $1,270,500 TWA $10 590,000 Civic Hub Master Pia Attachment 2 Kimley»>Horn December 18, 2023 Mr. Tim Carlisle City of Cape Canaveral 100 Polk Ave — P.O. Box 326 Cape Canaveral, FL 32920 Re: Letter Agreement for Professional Services for Civic Hub - Offsite Drainage Feasibility Analysis 7300 N. Atlantic Ave Cape Canaveral, FL 32920 Dear: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this Letter Agreement (the "Agreement") to the City of Cape Canaveral for providing professional engineering services for the above referenced project. PROJECT UNDERSTANDING It is our understanding that the Client is requesting a drainage feasibility study to determine the feasibility of bringing offsite runoff into the future Civic Hub exfiltration system to help alleviate flooding within the Center Street Basin. SCOPE OF SERVICES Kimley-Horn has been provided a drainage analysis performed by Mead & Hunt, Inc. which modeled the existing conditions of the Center Street Basin and provided alternatives to improve the existing stormwater infrastructure. Kimley-Horn will review the report and the model of existing conditions to determine the feasibility of capturing offsite runoff and re-routing it to a future exfiltration system that is being conceptually proposed within the Civic Hub site. The following are the services to be proposed as part of the scope of this project. • Review report (provided by Hunt & Mead, Inc.) • Review existing conditions ICPR model of Center Street Basin (provided by Hunt & Mead, Inc.) • Provide the Client a technical memorandum summarizing all findings • Determine feasibility of routing runoff from offsite into the Civic Hub exfiltration system • (1) One Kickoff meeting with the City of Cape Canaveral • (1) One Meeting with the St. Johns River Water Management District to discuss design criteria SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement: • Design of Civic Hub exfiltration system • Design of improvements to off -site stormwater collection system • Meetings outside of two listed above kimley-horn.com 200 S. Orange Ave, Suite 600, Orlando, FL 32801 (407) 898-1511 Kimley»>Horn ADDITIONAL SERVICES Page Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Design of Civic Hub exfiltration system • Design of improvements to off -site stormwater collection system • Permitting efforts for local jurisdictions, regulatory agencies, and the water management district INFORMATION PROVIDED BY CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: • Drainage Report and Model created by Mead & Hunt, Inc. for the Center Street Basin • All Application/Permit Fees • Boundary and Topographic Survey • Geotechnical Analysis SCHEDULE We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. FEE AND EXPENSES Kimley-Horn will perform the services in Tasks 1 for the total lump sum labor fee below. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. TASK FEE Feasibility Analysis $7,500 Total $7,500 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard kimley-horn.com 200 S. Orange Ave, Suite 600, Orlando, FL 32801 (407) 898-1511 Kimley»>Horn Page 3 Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on this project. We appreciate the opportunity to provide these services. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC Brian S. Ashby, P.E. Vice President K:\ORL_LA\149501004_COCC Civic Hub\JOBSTARTS & CONTRACTS\2023-12-18 Letter Agreement.docx CITY OF CAPE CANAVERAL By: (Print or Type Name) Title: (Member or Manager, as authorized) (Email Address) Witness (Print or Type Name) Attachment — Standard Provisions kimley-horn.com 200 S. Orange Ave, Suite 600, Orlando, FL 32801 (407) 898-1511 1 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley-Horn's then - current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Kimley-Horn as follows: a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after Kimley-Horn's transmittal of its invoice, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley- Horn's invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-Horn may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn's documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn's electronic files and source code remain the property of Kimley-Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are Rev 06/2023 1 provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn's services include providing Client with access to or a license for Kimley-Horn's (or its affiliates') proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimlev- horn.com/khts-software-license-aqreement ("the License Agreement") which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley- Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility. Rev 06/2023 2 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. 15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley- Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor's general liability insurance policy. 17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. 18) Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (20) PURSUANT TO FS 558.0035, EMPLOYEES OF KIMLEY-HORN MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. Rev 06/2023 3 Attachment 3 Mead &I lunt ;II STORMWATER REPORT for CENTER STREET BASIN IMPROVEMENTS Andrew M. Giannini, P.E. FL Reg 46601 March 2022 THIS PAGE LEFT INTENTIONALLY BLANK KC 1M1M 1. Introduction 3 2. Background 3 3. Existing Conditions 4 3.1 Data Collection 4 3.2 Existing Model Calibration 4 3.3 Existing Model Results 6 3.4 Model Validation 7 4. Conceptual Project Development 8 4.1 Model Sensitivity Analysis 8 4.2 Conceptual Design Projects 10 4.2.1 Conceptual Design Project #1 11 4.2.2 Conceptual Design Project #2 14 4.2.3 Conceptual Design Project #3 17 4.2.4 Conceptual Design Project #4 19 4.2.5 Conceptual Design Project #5 21 4.3 Project Comparison 23 4.4 Additional Considerations 25 4.4.1 Pump Station on Center Street 25 5. i- e i flitting 26 6. Cost Estimate 26 7. Recommendations 27 APPENDICES A. REPORT FIGURES FIGURE A1— CENTER STREET BASIN DRAINAGE MAP FIGURE A2 — EXISTING NODAL DIAGRAM FIGURE A3 — OVERLAND WEIR DIAGRAM FIGURE A4 — EXISTING BASIN FLOODING (CRITICAL 1-HOUR STORM) FIGURE A5 — CONCEPTUAL DESIGN PROJECT #1 FIGURE A6 — CONCEPTUAL DESIGN PROJECT #2 FIGURE A7 — CONCEPTUAL DESIGN PROJECT #3 FIGURE A8 — CONCEPTUAL PROJECT #1 SUBBASIN FLOODING (CRITICAL 1- HOUR STORM) FIGURE A9 — CONCEPTUAL PROJECTS #2-4 SUBBASIN FLOODING (CRITICAL 1- HOUR STORM) FIGURE A10 — CONCEPTUAL PROJECT #5 SUBBASIN FLOODING (CRITCIAL 1- HOIIP STORM) B. EXISTING MODEL C. MODEL SENSITIVITY ANALYSIS D. CONCEPTUAL DESIGN PROJECTS 1 . Introduction This report is provided to evaluate existing drainage conditions within the Center Street basin - .,. _ in Cape Canaveral, Florida, and provide ; j recommendations for improvement projects to reduce flooding within project area. The report ' '' summarizes the methodologies used to develop r 'e z conceptual projects for drainage improvements to ! t the Center Street basin including data collection, ; existing model development, conceptual project design, proposed model development, construction costs, permitting considerations, and FIGURE 1-CENTER STREET BASIN STORMWATER SYSTEM recommendations for project implementation. An overview of the existing project evaluation area is shown in Figure 1 (see Figure Al, Appendix A). F3ar.kcirotinc= In the summer of 2021, the City encountered two critical short-duration, intense rainfall events, as ' summarized in Table 1, which caused excessive flooding within the Center Street basin community. This flooding causes roadways and some properties in flat, low-lying areas of the basin to , experience flooding which disrupts traffic flow, though homes are typically unaffected (see Figure 2). FIGURE 2-PHOTOGRAPH OF FLOODING DURING STORM EVENT ON JUNE 13,2021 In an effort to assess the Center Street basin stormwater system capacities and mitigate excess flooding,the City has contracted Mead & Hunt, Inc. (Mead & Hunt)to provide engineering services for modeling of existing Center Street stormwater infrastructure, and development of recommendations for conceptual improvement projects for the City's consideration. TABLE 1 —CITY OF CAPE CANAVERAL PEAK RAINFALL EVENTS (SUMMER 2021)1 Record Date Duration (hours) Rainfall (inches) Rainfall (inches/hour) June 13, 2021 —1.0 2.8 12.8 July 7, 2021 3.0 19.2 'Rainfall information was provided by the City of Cape Canaveral and based on local rain gauge data. This report provides a summary of all efforts completed in review of the Center Street basin. A conceptual model has been developed to represent conditions experienced during the peak rainfall events in Summer 2021. This model was used as the basis for development of recommendations for improvements to the existing Center Street basin stormwater system. 3 Existing Conditions The subject basin is highly developed and has a mixture of commercial and residential areas near the coast. Several large sections of the Center Street basin are occupied by multi -story, multi -family residential communities or commercial businesses adjacent to the roadways. This mixture of historical topography with near - capacity development results in some temporary pooling of water within critical subbasin `sink' areas for up to several hours (see Figure 3). An Interconnected Channel and Pond Routing v.4.0 (ICPR4) model has been developed by Mead & Hunt to represent the existing stormwater infrastructure and conditions encountered during the two major storm events described above. This section provides an overview of the methodology and results of the ICPR4 model. Development of the model included data collection and review, model calibration, and preparation of results. FIGURE 3 - POOLING WATER ON FILLMORE AVENUE FOLLOWING A CRITICAL STORM EVENT (SUMMER 2021). 3.1 Data Collection Mead & Hunt completed an initial data collection and review period prior to model development. Data collection included obtaining the following information from the City and/or publicly available online databases (i.e. FDEP, SJRWMD): • As -Built Records • Environmental Resource Permits (ERPs) • GIS Shapefiles • Historical Photos • Property Information On October 1, 2021, a site visit was performed to review the Center Street basin topography and conduct field inspections of existing stormwater infrastructure. During the site visit, two (2) interviews were conducted with residents on Fillmore Avenue which provided additional insights to local flooding. The residents indicated that during rainfall events water pools within the Fillmore area, spending several hours pooled as if in `queue' for conveyance. This information was used in review of the existing and proposed conditions models. 3.2 Existing Model Calibration The stormwater model for the Center Street basin was developed via desktop review of the existing inlet subbasins and confirmed via field inspection. Existing inlets were reviewed for criticality and consolidated to represent major storage areas based on topographic and roadway breakpoints, typically at roadway intersections. A total of 39 subbasin `nodes' were developed in the model to represent these critical storage inlets or structures, as shown in Figure A2 (see Appendix A). An additional 8 `nodes' were included to represent manholes at critical connections and trunklines to evaluate these areas for 4 any major variance in hydraulic grade conditions. A total of 48 `links' were established to represent existing stormwater pipe connections between basins and the outfall to Banana River as shown in Figure A2 (see Appendix A). The links were setup to account for friction losses (n = 0.012) encountered throughout the existing stormwater system, at inlets/outlets, and trunklines where several bends may occur over a short distance resulting in notable changes to hydraulic flow. Weir link connections were also established, as shown in Figure A3 (see Appendix A) between basin segments at roadway breakpoints to represent overland flows that occur between these storage areas during periods of heavier rainfall. Historical photos of rainfall conditions (see Figure 4), along FIGURE 4 - FILLMORE AVENUE DURING A CRITICAL 1-HOUR STORM EVENT (SUMMER 2021). Fillmore Avenue were analyzed and compared to rainfall and topographic data to approximate subbasin peak elevations along this roadway. Based on desktop review and confirmed via modeling, Fillmore Avenue from Orange Avenue to Magnolia Avenue encounters a flood depth of eight to twelve inches (8 to 12 inches) during periods of heavy rainfall. Based on the encountered rainfall depth, adjustments to pipe roughness coefficients were made to account for potential debris build-up or flow restrictions within existing system pipes which may contribute to reduced flows in the system. The completed model was calibrated based on simulation of the two recent rainfall events encountered. Various storm events were assessed using the total rainfalls for each event, including Florida Department of Transportation (FDOT), Florida Modified (FLMOD), and standard Soil Conservation Service (SCS) rainfall distribution curves which established a baseline of changes to the hydraulic grade line (HGL) throughout the system for each storm. Note, the FDOT 1-Hour storm event was determined to be the rainfall event which most closely aligned with historical rainfall conditions, and is used as the basis for existing model and proposed conceptual model results. Note, Volusia County 2007 LIDAR was used to establish spatial parameters within the ICPR model for the purpose of conceptual review of existing and proposed basin conditions. The critical (minimum) top elevation of inlets for each subbasin, as determined from as -built records, were used as the basis for warning stages to quantify flooding outside of the existing stormwater system. These inlets are typically located at low -points along the roadway within each subbasin, and roadways will begin to flood outside of the inlet when stormwater runoff exceeds the capacity of the conveyance system. Note, in several subbasins the minimum inlet top elevation exceeds the minimum roadway elevation based on existing as -built records. These subbasins include Atlantic/Johnson, Atlantic/Pierce, Fillmore/Poinsetta, Fillmore/Ridgewood, Johnson/Ridgewood, and Lincoln/Ridgewood. It is likely that some water will pool in these areas regardless of peak stage conditions. A final discharge stage of Elevation 1.0' (NAVD88) for the Banana River outfall was established as the final discharge for the system. This stage is based on recent United States Geologic Survey gauge data for the Haulover Canal (02248380) coincident with the time frame of the major June 13, 2021 rainfall event. 5 3.3 Existing Model Results Peak stage condition results for subbasins which flood above existing drainage inlets are summarized in Table 2 • 1 r 1 to for the critical 1-hour storm event. Figure 5 (see Figure A4,Appendix A) provides a visual representation of subbasins which exhibit some roadway peak stage flooding beyond 1/2 of the minimum roadway elevation. Note, highlighted areas are meant to visualize areas of concern only, and only a portion of the subbasin will flood. Additional peak stage results for the mean-annual (MA- 24HR) and 10-year(10YR-24HR) storm events are FIGURE5-EXISTINGSUBBASINS WITH provided in Appendix B and summarized in Table 3 and FLOODING(1-HOUR STORM) Table 4, respectively. A total of fifteen (16) subbasins have been identified which flood above the minimum inlet elevation during the critical one-hour and/or 24-hour storm events. Eight (8) of these subbasins had peak flood stage elevations that exceeded 1/2 of the roadway in all storm events. These subbasins are considered most critical and include Atlantic/Johnson, Fillmore, Fillmore/Ridgewood, Johnson Ridgewood, Lincoln/Orange, Lincoln/Ridgewood, Orange/Polk, and Poinsetta/Polk. The remaining 8 subbasins experience flooding in at least two (2) storm events and are considered sub-critical. These subbasins do not flood in the critical one-hour and/or MA- 24HR storm events; however, flooding occurs during the 10YR-24HR storm event. ABL _..•_EXISTI1 ®,., r ., -' ' .,., .f _� '. ..S.1-_ �._v, Warning Less than Stage Peak Stage Flood Depth equal to 1/2r Node(Subbasin) Type (feet (feet (feet) Roadway? j NAVD88) iNAVD88) _ �Nl - Atlantic/Johnson Critical - 7.60 8.34 0.74 N Atlantic/Pierce Subcritical 7.80 7.81 0.01 Y Buchanan/Orange N Subcritical 6.99 6.74 0.00 Y Buchanan/Orange S Subcritical 6.99 6.58 0.00 Y Fillmore Critical 6.40 7.17 0.77 N Fillmore/Poinsetta Subcritical 7.80 7.93 0.13 N Fillmore/Ridgewood Critical 7.04 6.95 0.00 N Johnson/Orange Subcritical 7.15 7.06 0.00 Y Johnson/Ridgewood Critical 7.70 7.87 0.17 N Lincoln/Orange Critical 6.15 6.81 0.66 N Lincoln/Ridgewood Critical 7.77 7.35 0.00 N Magnolia/Taylor Subcritical 7.65 7.57 0.00 Y Orange/Polk Critical 6.90 7.07 0.17 N Pierce/Poinsetta Subcritical 8.01 7.92 0.00 Y Poinsetta/Polk Critical 7.75 8.08 0.33 N Poinsetta/Taylor Subcritical 8.22 8.01 0.00 Y 1Flood durations are expressed to the nearest 0.5 hours and represent approximate time above warning stages for each critical subbasin identified. 6 r ? '1:1I*cts*:1.)tr1►[H,M:E:)trGTe141:111dAM:a-LldAPbMlaM-)tr l 11 Warning Less than or Node(Subbasin) Type Stage Peak Stage Flood Depth equal to 1/2 (feet NAVD88) (feet NAVD88) (feet) Roadway? _ _ L (Y/N) Atlantic/Johnson Critical r 7.60 - 8.23 0.63 N Atlantic/Pierce Subcritical 7.80 7.72 0.00 Y Buchanan/Orange N Subcritical 6.99 6.47 0.00 Y Buchanan/Orange S Subcritical 6.99 6.32 0.00 Y Fillmore Critical 6.40 7.18 0.78 N Fillmore/Poinsetta Subcritical 7.80 7.88 0.08 Y Fillmore/Ridgewood Critical 7.04 6.81 0.00 N Johnson/Orange Subcritical 7.15 7.05 0.00 Y Johnson/Ridgewood Critical 7.70 7.86 0.16 N Lincoln/Orange Critical 6.15 6.79 0.64 N Lincoln/Ridgewood Critical 7.77 7.36 0.00 N Magnolia/Taylor Subcritical 7.65 7.58 0.00 Y Orange/Polk Critical 6.90 7.05 0.15 N Pierce/Poinsetta Subcritical 8.01 7.88 0.00 Y Poinsetta/Polk Critical 7.75 8.15 0.40 N Poinsetta/Taylor Subcritical 8.22 8.04 0.00 Y 1 Flood durations are expressed to the nearest 0.5 hours and represent approximate time above warning stages for each critical subbasin identified. au TABLE 4-EXISTING PEAK STAGE SUMMARY(10YR-24H STORM) Warning Less than or Node(Subbasin) Type Stage Peak Stage Flood Depth equal to 1/2 (feet NAVD88) (feet NAVD88) (feet) Roadway? (Y/N) Atlantic/Johnson Critical 7.60 8.58 0.98 N Atlantic/Pierce Subcritical 7.80 8.29 0.49 N Buchanan/Orange N Subcritical 6.99 7.26 0.27 N Buchanan/Orange S Subcritical 6.99 7.26 0.27 N Fillmore Critical 6.40 7.81 1.41 N Fillmore/Poinsetta Subcritical 7.80 8.35 0.55 N Fillmore/Ridgewood Critical 7.04 7.58 0.54 N Johnson/Orange Subcritical 7.15 7.30 0.15 Y Johnson/Ridgewood Critical 7.70 8.11 0.41 N Lincoln/Orange Critical 6.15 7.28 1.13 N Lincoln/Ridgewood Critical 7.77 8.01 0.24 N Magnolia/Taylor Subcritical 7.65 7.93 0.28 N Orange/Polk Critical 6.90 7.66 0.76 N Pierce/Poinsetta Subcritical 8.01 8.34 0.33 Y Poinsetta/Polk Critical 7.75 8.39 0.64 N Poinsetta/Taylor Subcritical 8.22 8.38 0.16 N 1Flood durations are expressed to the nearest 0.5 hours and represent approximate time above warning stages for each critical subbasin identified. 3.4 Model Validation In January 2022, Mead & Hunt coordinated a general third-party review of the model by Streamline Technologies, the company which developed the ICPR software, to validate existing model input and identify areas of improvement. A subsequent discussion was conducted between Mead & Hunt and Streamline Technologies staff on January 21, 2022, which identified several best practices for use in conceptual model development and review. 7 4. Conceptual Project Development Conceptual projects were developed for the Center Street basin based on discussions with the City, existing model results, and design analysis. The methodology used for project development are described in this section and include model sensitivity analysis, conceptual design analysis, conceptual model results, and conceptual project comparison. 4.1 Model Sensitivity Analysis To assess the efficiency of the existing stormwater model and prepare for conceptual model development, model sensitivity analysis were established based on potential design improvements. A total of four (4) design scenarios were considered as described in Table 5 including a storm pump station, pipe capacity increases, cross-drain connections between adjacent unconnected streets, and a combination. Conceptual results for model sensitivity analysis are provided in Appendix C. EirA:IIMIEIF1•191MIE:001:ilrliTlInINAMMAVAIL Scenario Design Type Description Scenario 1 Pump Station Tailwater elevation set to outfall pipe invert; stormwater system starting water elevation set to Banana River max tide elevation (1.0' NAVD88). Tailwater elevation and stormwater system starting water elevation set to Scenario 2 Pipe Capacity Banana River max tide elevation (1.0' NAVD88); double pipe for entire stormwater system. Tailwater elevation and stormwater system starting water elevation set to Scenario 3 Cross-Drains Banana River max tide elevation (1.0' NAVD88); stormwater system interconnected via cross-drain connections. Tailwater elevation set to outfall pipe invert; stormwater system starting Scenario 4 Combination water elevation set to Banana River max tide elevation (1.0' NAVD88); (All) double pipe upstream of outfall and stormwater system cross-drain interconnections. 111 Table 6 provides an overview of improvement via the four (4) design scenarios. Peak stage conditions were evaluated for each scenario, results were compared to existing conditions, and it was determined if the design provided a reduction in flooding. Note, peak stage elevations of flooding less than or equal to one-half(1/2) of the roadway were considered to be improved. Flood depths at or below this elevation will help maintain a portion of the roadway open for vehicular traffic. 8 TABLE 6—MODEL SENSITIVITY ANALYSIS SUMMARY Node (Subbasin) Scenario 1 Scenario 2 Scenario 3 Scenario 4 Atlantic/Johnson ✓ Atlantic/Pierce ✓ ✓ ✓ ✓ Buchanan/Orange N ✓ ✓ ✓ ✓ Buchanan/Orange S ✓ ✓ ✓ ✓ Fillmore Fillmore/Poinsetta ✓ ✓ ✓ ✓ Fillmore/Ridgewood ✓ ✓ Johnson/Orange ✓ ✓ ✓ ✓ Johnson/Ridgewood ✓ ✓ ✓ Lincoln/Orange Lincoln/Ridgewood ✓ ✓ Magnolia/Taylor ✓ ✓ ✓ ✓ Orange/Polk ✓ ✓ ✓ Pierce/Poinsetta ✓ ✓ ✓ ✓ Poinsetta/Polk ✓ ✓ ✓ Poinsetta/Taylor ✓ ✓ ✓ ✓ Pr (✓)=Peak stage flood elevation less than or equal to one-half(1/2)the roadway. As shown above, a total of fourteen (14) subbasins showed improvement in peak stage flooding from one of the above design considerations. The Fillmore Avenue and Lincoln/Orange subbasins exhibit peak stage flooding above the minimum inlet and 1/2 of the minimum roadway in all scenarios, however, both will have peak flood stages and extent of flooding greatly reduced compared to existing conditions during critical 1-hour and 24-hour storm events. The results of the model sensitivity analysis indicate that the model exhibits flexibility when changes are made to the system, and that the selected design options for evaluation can significantly reduce peak stage flooding in all subbasins. The design options established in these analyses were used as the basis for conceptual design project development. 9 4.2 Conceptual Design Projects Conceptual design projects were developed via review of the hydraulic grade line (HGL) throughout the system to identify piping which may be inefficient and causing a back-up of water during heavy rainfall events. Pipe segments with sharp changes to the HGL can be identified as `bottleneck' points within the system and were the basis of conceptual design improvements. A total of five (5) conceptual design projects have been developed based on client feedback and ICPR model analyses: • Conceptual Project #1 — Increase pipe capacity along stormwater system primary trunkline from Buchanan/Ridgewood to the Banana River outfall (Center Street, Atlantic Avenue, Buchanan Avenue). • Conceptual Project #2 — Increase pipe capacity along the stormwater system primary trunkline from Buchanan/Ridgewood to the Banana River outfall (Conceptual Project #1), increase secondary branch capacity downstream of critical subbasin locations (Poinsetta Avenue, Orange Avenue, Ridgewood Avenue). • Conceptual Project #3 — Increase pipe capacity along stormwater system primary trunkline and secondary branches (Conceptual Projects #1 & #2), install 16 CFS pump station on Center Street near outfall to Banana River. • Conceptual Project #4 — Increase pipe capacity along primary and secondary branches (Conceptual Projects #1 & #2), install 16 CFS pump station (Conceptual Project #3), and construct stormwater pond for treatment of stormwater runoff prior to discharge. • Conceptual Project #5 — Reduce all City roadways to single lane only, 50% reduction in total roadway impervious. Construct 12'x2' exfiltration chambers/trenches along extents of roadways for additional storage and treatment. Conceptual Projects #1-4 are intended to build upon one another to show further reduction in peak flood stages as additional improvements are considered. Conceptual Project #5 is a standalone project for review by the City's request. Conceptual project design layouts and subbasin flooding are shown graphically for Conceptual Projects #1-3 in Figure A5 to Figure A7 (see Appendix A). During a rainfall event in August 2021, the City installed a temporary 6-inch pump (-800 gallons per minute) inside of the baffle box on Center Street upstream of the outfall. The City informed Mead & Hunt that with the installation of this pump they had minimal flooding issues. As such, a standalone pump station scenario has been considered for analysis and comparative review. A pump station is likely the most practical short-term solution to reduce peak stage flooding upstream. The ideal location for a permanent master pump station would be along Center Street to reduce the tailwater condition for upstream subbasins. Note, all conceptual design projects include the proposed installation of a duckbill tidal valve at the outfall of the existing Center Street basin stormwater system. Installation of this valve will improve the existing system capacity via the prevention of tidal inflows during heavy rainfall 10 events. Model results for all conceptual design projects under the critical 1-hour and 24-hour storm events are provided in Appendix D. 4.2.1 Conceptual Design Project #1 Conceptual Design Project #1 includes increasing the capacity of the existing stormwater system along the major trunkline, as shown in Figure 8, which conveys stormwater runoff west along Buchanan Avenue and across Atlantic Avenue, and discharges toward the Center Street outfall to the Banana River. The HGL is critical within this trunkline and any steep changes between adjacent subbasins of piping may result in back-ups within upstream branches. Based on existing model results for the critical 1-hour storm the HGL for the primary trunkline during peak rainfall conditions, as shown graphically in Figure 7, exhibits a steep increase upstream from the outfall on Center Street to Atlantic/Buchanan N then increases steadily from Atlantic/Buchanan N to Buchanan/Ridgewood. This segment of stormwater piping from the outfall to the Atlantic Avenue/Center Street intersection is primarily tailwater-driven as HGL increases are caused by the Banana River water elevation (1.0' NAVD88). The intersection of Atlantic Avenue, Buchanan Avenue, and Center Street exhibits a steep HGL drop (-1.25 feet) over a short distance (-200 feet), indicating that the system is has a conveyance `bottleneck' in this area. Note, this intersection receives runoff from the entire Center Street basin and has several manhole connections which receive flows from secondary branch lines. These connections cause a sharp directional change in flow for incoming runoff which contributes to energy losses within the system and resulting steep changes to the HGL. FIGURE 8 - STORMWATER SYSTEM PRIMARY TRUNKLINE (HIGHLIGHTED IN RED) FIGURE 7 - EXISTING HYDRAULIC GRADE LINE (HGL) FOR PRIMARY TRUNKLINE. FIGURE 6 - CONCEPTUAL DESIGN PROJECT #1 Conceptual design information for two (2) potential improvement scenarios to address trunkline conveyance efficiency are provided in Table 7. Each scenario represents a phase of improvements to the primary trunkline. As shown in Figure 6, Phase '1A' includes pipe capacity 11 increases from the outfall to Atlantic/Buchanan N, and Phase `1 B' includes pipe capacity increases for the primary trunkline along Buchanan Avenue. Note, to represent pipe capacity increases within the ICPR model, existing pipes were adjusted and doubled to review impacts to the system HGL and determine extents of improvements required to reduce peak stages. A proposed pipe diameter equivalent from the `doubling' of pipes is included in Table 7. ABL 7—CONCEPTUAL DESIGN PROJECT#1 CRITERIA Diameter, Equiv. Diameter, Phase From To Existing Proposed (inches) (inches) MH7 Atlantic/Buchanan N 48 72 Atlantic/Buchanan N MH8 48 72 1A MH8 Atlantic/Center 54 72 Atlantic/Center Center Street 54 72 Center Street Banana River 54 72 MH1 MH2 24 36 MH2 MH6 42 60 1B MH6 Buchanan/Poinsetta S 48 72 Buchanan/Poinsetta S MH7 48 72 Peak stage results for the critical 1-hour and 24-hour storm events are provided in Table 8 and Table 9, respectively, for implementation of Phase `1A' and `1B'. Estimated Construction Cost (Conceptual Project#1A) = —$600,000- $900,000 Estimated Construction Cost (Conceptual Project#1 B) = —$1,300,000- $1,900,000 12 • ABLE 8-CONCEPTUAL DESIGN PROJECT#1 PEAK STAGE SUMMARY(1-HOUR) Warning Less than or Node(Subbasin) Stage Peak Stage Flood Depth A Flood Depth equal to 112 (feet NAVD88) (feet NAVD88) (feet) (feet) Roadway? (YIN) Atlantic/Johnson 7.60 8.29 0.69 -0.05 N Atlantic/Pierce 7.80 7.70 0.00 -0.11 Y Buchanan/Orange N 6.99 5.31 0.00 -1.43 Y Buchanan/Orange S 6.99 5.84 0.00 -0.74 Y Fillmore 6.40 6.92 0.52 -0.25 N Fillmore/Poinsetta 7.80 7.78 0.00 -0.15 Y Fillmore/Ridgewood 7.04 6.48 0.00 -0.47 Y Johnson/Orange 7.15 7.03 0.00 -0.03 Y Johnson/Ridgewood 7.70 7.63 0.00 -0.24 N Lincoln/Orange 6.15 6.53 0.38 -0.28 N Lincoln/Ridgewood 7.77 6.86 0.00 -0.49 Y Magnolia/Taylor 7.65 7.55 0.00 -0.02 Y Orange/Polk 6.90 6.78 0.00 -0.29 Y Pierce/Poinsetta 8.01 7.86 0.00 -0.06 Y Poinsetta/Polk 7.75 8.01 0.26 -0.07 N Poinsetta/Ta for 8.22 7.93 0.00 -0.08 Y TABLE 9-CONCEPTUAL DESIGN PROJECT#1 PEAK STAGE SUMMARY(24-HOUR) Less than or Less than or Warning Peak Stage Flood A Flood Peak Stage A Flood equal to 112 Flood Depth equal to 112 Stage (feet Depth Depth (feet Depth Node(Subbasin) (feet NAVD88) (feet) (feet) Roadway? NAVD88) (feet) (feet) Roadway? NAVD88) (YIN) (YIN) MA-24HR 10YR-24HR Atlantic/Johnson 7.60 8.12 0.52 -0.11 N 8.52 0.92 -0.06 N Atlantic/Pierce 7.80 7.58 0.00 -0.14 Y 8.00 0.20 -0.29 N Buchanan/Orange N 6.99 4.97 0.00 -1.50 Y 6.05 0.00 -1.21 Y Buchanan/Orange S 6.99 5.55 0.00 -0.77 Y 6.45 0.00 -0.81 Y Fillmore 6.40 6.84 0.44 -0.34 N 7.51 1.11 -0.30 N Fillmore/Poinsetta 7.80 7.72 0.00 -0.16 Y 8.21 0.41 -0.14 N Fillmore/Ridgewood 7.04 6.42 0.00 -0.39 Y 7.13 0.09 -0.45 N Johnson/Orange 7.15 7.02 0.00 -0.03 Y 7.19 0.04 -0.11 Y Johnson/Ridgewood 7.70 7.71 0.01 -0.15 N 8.11 0.41 0.00 N Lincoln/Orange 6.15 6.51 0.36 -0.28 N 6.99 0.84 -0.29 N Lincoln/Ridgewood 7.77 6.95 0.00 -0.41 Y 7.63 0.00 -0.38 N Magnolia/Taylor 7.65 7.53 0.00 -0.05 Y 7.91 0.26 -0.02 N Orange/Polk 6.90 6.67 0.00 -0.38 Y 7.37 0.47 -0.29 N Pierce/Poinsetta 8.01 7.79 0.00 -0.09 Y 8.20 0.19 -0.14 Y Poinsetta/Polk 7.75 8.06 0.31 -0.09 N 8.35 0.60 -0.04 N Poinsetta/Ta for 8.22 7.93 0.00 -0.11 Y 8.32 0.10 -0.06 Y 13 4.2.2 Conceptual Design Project#2 = t '_,6741, Conceptual Project#2 includes pipe capacity II Mrs improvements to the stormwater system trill primary trunkline (Conceptual Design#1) and ill - ,..- additional pipe capacity increases to address i F 4, ,�, critical upstream locations in the system 11?.k-4- ft ' - t including along Poinsetta Avenue 0 4 , ,t -t •,, #- 4-; (North/South), Orange Avenue (North/South), & jt' "• and Ridgewood Avenue (South). =`' �' � rk Critical subbasins identified during existing FIGURE 9-STORMWATER SYSTEM SECONDARY BRANCHES model review are located within secondary (HIGHLIGHTED IN RED) branches (see Figure 9) of the stormwater system. To determine areas for further improvement, a review of the HGL was considered from the outfall to the furthest subbasin within each branch line using the model established in Conceptual Design#1. A . visual representation of the HGL from the outfall to Magnolia/Taylor is shown in Figure 10. The `bottlenecks'within secondary branches are primarily conveyance-based and located where existing pipe capacities are insufficient. This causes the system to back-up, increasing the FIGURE 10-HYDRAULIC GRADE LINE FROM OUTFALL TO MAGNOLIA/TAYLOR(1-HOUR) peak stage of flooding during heavy rainfall events. Conceptual design information for additional improvements (see Table 7 for Conceptual Project#1 improvements) are summarized in Table 10. • " „ •: 1 s - • • •i • 1 •'•JECT#2 CRITERIA Street Diameter, Equiv. Diameter, (Branch) From To Existing Proposed (inches) (inches) Fillmore Fillmore/Orange 21 30 Orange N Fillmore/Orange Orange/Pierce 24 36 Orange/Pierce Buchanan/Orange N 30 42 Buchanan/Orange N MH2 30 42 Orange S Lincoln/Orange Buchanan/Orange S 21 30 Buchanan/Orange S MH2 21 30 Poinsetta N MH3 MH5 24 36 MH5 MH6 24 36 Atlantic/Johnson MH4 18 30 Poinsetta S MH4 Johnson/Poinsetta N 21 30 Johnson/Poinsetta N Lincoln/Poinsetta 21 30 Lincoln/Poinsetta MH6 24 36 Rid.ewood S Lincoln/Rid.ewood MH1 18 30 14 The extents of Conceptual Project #2 are shown in Figure 11 (see Figure A6, Appendix A) including trunkline and branch line improvements. These extents are based on adjustment to existing pipe sizing and `doubling' to review improvements required to further reduce critical basin peak flood stages. Peak stage results for the critical 1-hour and 24- hour storm events are provided in Table 11 and Table 12, respectively, for implementation of Conceptual Projects #1-2. 2 - 1A 1B FIGURE 11 - CONCEPTUAL PROJECT #2 Estimated Construction Cost (Conceptual Project #2) = —$2,700,000 - $4,000,000 15 . TABLE 11 -CONCEPTUAL DESIGN PROJECT#2 PEAK STAGE SUMMARY(1-HOUR) Warning Less than or Node(Subbasin) Stage Peak Stage Flood Depth A Flood Depth equal to Yz (feet NAVD88) (feet NAVD88) (feet) (feet) Roadway? (YIN)2 Atlantic/Johnson 7.60 7.63 0.03 -0.71 Y Atlantic/Pierce 7.80 7.49 0.00 -0.32 Y Buchanan/Orange N 6.99 5.96 0.00 -0.78 Y Buchanan/Orange S 6.99 5.97 0.00 -0.61 Y Fillmore 6.40 6.49 0.09 -0.68 Y Fillmore/Poinsetta 7.80 7.47 0.00 -0.46 Y Fillmore/Ridgewood 7.04 6.68 0.00 -0.27 Y Johnson/Orange 7.15 7.01 0.00 -0.05 Y Johnson/Ridgewood 7.70 7.48 0.00 -0.39 Y Lincoln/Orange 6.15 6.23 0.08 -0.58 Y Lincoln/Ridgewood 7.77 6.71 0.00 -0.64 Y Magnolia/Taylor 7.65 7.48 0.00 -0.09 Y Orange/Polk 6.90 6.75 0.00 -0.32 Y Pierce/Poinsetta 8.01 7.76 0.00 -0.16 Y Poinsetta/Polk 7.75 7.87 0.12 -0.21 Y Poinsetta/Ta for 8.22 7.75 0.00 -0.26 Y TABLE 12-CONCEPTUAL DESIGN PROJECT#2 PEAK STAGE SUMMARY(24-HOUR) Less than or Less than or Warning Peak Stage Flood A Flood Peak Stage A Flood equal to 112 Flood Depth equal to 112 Stage (feet Depth Depth (feet Depth Node(Subbasin) (feet NAVD88) (feet) (feet) Roadway? NAVD88) (feet) (feet) Roadway? NAVD88) (YIN) (YIN) MA-24HR 10YR-24HR Atlantic/Johnson 7.60 7.25 0.00 -0.98 Y 8.02 0.42 -0.56 N Atlantic/Pierce 7.80 7.29 0.00 -0.43 Y 7.77 0.00 -0.52 Y Buchanan/Orange N 6.99 5.68 0.00 -0.79 Y 6.58 0.00 -0.68 Y Buchanan/Orange S 6.99 5.70 0.00 -0.62 Y 6.52 0.00 -0.74 Y Fillmore 6.40 6.30 0.00 -0.88 Y 7.11 0.71 -0.70 N Fillmore/Poinsetta 7.80 7.32 0.00 -0.56 Y 7.92 0.12 -0.43 N Fillmore/Ridgewood 7.04 6.64 0.00 -0.17 Y 7.33 0.29 -0.25 N Johnson/Orange 7.15 6.98 0.00 -0.07 Y 7.18 0.03 -0.12 Y Johnson/Ridgewood 7.70 7.46 0.00 -0.40 Y 8.09 0.39 -0.02 N Lincoln/Orange 6.15 5.99 0.00 -0.80 Y 6.89 0.73 -0.40 N Lincoln/Ridgewood 7.77 6.59 0.00 -0.77 Y 7.49 0.00 -0.52 N Magnolia/Taylor 7.65 7.41 0.00 -0.17 Y 7.86 0.21 -0.07 N Orange/Polk 6.90 6.62 0.00 -0.43 Y 7.31 0.41 -0.35 N Pierce/Poinsetta 8.01 7.54 0.00 -0.34 Y 7.91 0.00 -0.43 Y Poinsetta/Polk 7.75 7.87 0.12 -0.28 Y 8.31 0.56 -0.08 N Poinsetta/Ta for 8.22 7.68 0.00 -0.36 Y 8.23 0.01 -0.15 Y 16 4.2.3 Conceptual Design Project#3 Conceptual Design Project#3 includes the increased pipe capacity within the primary trunkline and secondary branches for the stormwater system (Conceptual Projects#1-2), and new installation of a permanent emergency pump station along Center Street for discharge to the Banana River. During a meeting the City on November 12, 2021, the City informed Mead & Hunt that a temporary 6-inch sump pump was placed into the baffle box during a moderate rainfall event, and there was an observed • • reduction in flooding throughout the basin. As FIGURE 12-EXISTING STORMWATER SYSTEM DESIGN such, the City has expressed an interest in NORMAL WATER LEVEL(NWL)FROM OUTFALL TO pursuing this project. BUCHANAN/RIDGWOOD. The primary trunkline for the existing stormwater system is constructed with invert elevations ranging from Elevation -4.0 feet to Elevation 1.4 PUMP feet. The stormwater system discharges via an STATION 83"x 53" elliptical reinforced concrete pipe SPI , , (ERCP)to and maintains and open connection . "t : ' , Wit" r r _ with the Banana River. As a result, the • .,: ,fly _ stormwater system will always remain partially . ,.• �•. � .,,� - • full to maintain equilibrium with the river as " ri _ shown in Figure 12 (see Appendix A), reducing FIGURE 13-CONCEPTUAL PROJECT#3 the effective capacity of system during rainfall events. The new pump station, as shown graphically in Figure 13 (see Appendix A) will be constructed upstream of the outfall along Center Street and for discharge to the river via a new storm force main. The system will be intended to provide clearance of the main discharge trunkline during heavy rainfall events. The additional of a tidal valve will further enhance system capacity via restriction of inflows from Banana River. Components required for the pump station include a pump station manhole, sump pump, electrical, pretreatment (i.e. pond, underground storage, etc.), and force main piping to the system outfall. Conceptual pump design information developed for modeling purposes is provided in Table 13. Peak stage results for the critical 1-hour and 24-hour storm events are provided in Table 14 and Table 15, respectively, for implementation of Conceptual Projects#1-3. TABLE 13—CONCEPTUAL DESIGN #3 CRITERIA Location Pump On Pump Off Design Flow (feet NAVD88) (feet NAVD88) (As) Center Street -1.0 -2.0 16.0 Estimated Construction Cost (Conceptual Project#3) = —$3,400,000- $5,100,000 17 . TABLE 14-CONCEPTUAL DESIGN PROJECT#3 PEAK STAGE SUMMARY(1-HOUR) Warning Less than or Node(Subbasin) Stage Peak Stage Flood Depth A Flood Depth equal to 112 (feet NAVD88) (feet NAVD88) (feet) (feet) Roadway? (Y/N) Atlantic/Johnson 7.60 7.61 0.01 -0.73 Y Atlantic/Pierce 7.80 7.48 0.00 -0.33 Y Buchanan/Orange N 6.99 5.94 0.00 -0.80 Y Buchanan/Orange S 6.99 5.96 0.00 -0.62 Y Fillmore 6.40 6.48 0.08 -0.69 Y Fillmore/Poinsetta 7.80 7.46 0.00 -0.47 Y Fillmore/Ridgewood 7.04 6.67 0.00 -0.28 Y Johnson/Orange 7.15 7.01 0.00 -0.05 Y Johnson/Ridgewood 7.70 7.47 0.00 -0.40 Y Lincoln/Orange 6.15 6.21 0.06 -0.60 Y Lincoln/Ridgewood 7.77 6.70 0.00 -0.65 Y Magnolia/Taylor 7.65 7.47 0.00 -0.10 Y Orange/Polk 6.90 6.74 0.00 -0.33 Y Pierce/Poinsetta 8.01 7.76 0.00 -0.16 Y Poinsetta/Polk 7.75 7.87 0.12 -0.21 Y Poinsetta/Ta for 8.22 7.75 0.00 -0.26 Y TABLE 15-CONCEPTUAL DESIGN PROJECT#3 PEAK STAGE SUMMARY(24-HOUR) Less than or Less than or Warning Peak Stage Flood A Flood Peak Stage A Flood equal to 1/2 Flood Depth equal to 1/2 Stage (feet Depth Depth (feet Depth Node(Subbasin) (feet NAVD88) (feet) (feet) Roadway? NAVD88) (feet) (feet) Roadway? NAVD88) (YIN) (YIN) MA-24HR 10YR-24HR Atlantic/Johnson 7.60 7.24 0.00 -0.99 Y 8.02 0.42 -0.56 N Atlantic/Pierce 7.80 7.28 0.00 -0.44 Y 7.77 0.00 -0.52 Y Buchanan/Orange N 6.99 5.67 0.00 -0.80 Y 6.58 0.00 -0.68 Y Buchanan/Orange S 6.99 5.69 0.00 -0.63 Y 6.51 0.00 -0.75 Y Fillmore 6.40 6.29 0.00 -0.89 Y 7.11 0.71 -0.70 N Fillmore/Poinsetta 7.80 7.32 0.00 -0.56 Y 7.91 0.11 -0.44 N Fillmore/Ridgewood 7.04 6.64 0.00 -0.17 Y 7.33 0.29 -0.25 N Johnson/Orange 7.15 6.97 0.00 -0.08 Y 7.18 0.03 -0.12 Y Johnson/Ridgewood 7.70 7.45 0.00 -0.41 Y 8.09 0.39 -0.02 N Lincoln/Orange 6.15 5.98 0.00 -0.81 Y 6.88 0.73 -0.40 N Lincoln/Ridgewood 7.77 6.59 0.00 -0.77 Y 7.49 0.00 -0.52 N Magnolia/Taylor 7.65 7.40 0.00 -0.18 Y 7.86 0.21 -0.07 N Orange/Polk 6.90 6.62 0.00 -0.43 Y 7.31 0.41 -0.35 N Pierce/Poinsetta 8.01 7.54 0.00 -0.34 Y 7.91 0.00 -0.43 Y Poinsetta/Polk 7.75 7.86 0.11 -0.29 Y 8.31 0.56 -0.08 N Poinsetta/Ta for 8.22 7.67 0.00 -0.37 Y 8.23 0.01 -0.15 Y 18 4.2.4 Conceptual Design Project#4 Conceptual Design Project#4 includes the , + increased pipe capacity within the primary trunkline and secondary branches for the stormwater system (Conceptual Projects#1-2), ,- new installation of a permanent emergency pump ss station along Center Street for discharge to the X µ Banana River, and additional pollution abatement - storage for runoff prior to final discharge. - _. - SP Per regulatory requirements, the inclusion of pretreatment prior to discharge is necessary with FIGURE 14-EXISTING TREATMENT(DRY RETENTION)AT new pump station development. This design builds MEMORIAL PARK. upon Conceptual Project#3 and adds storage intended to capture and treat the first flush of runoff within the system during excess rainfall events. An example of pretreatment storage is shown in Figure 14 located at Memorial Park near the intersection of Orange Avenue and Taylor Avenue. To represent pretreatment storage within the Center Street Basin model, a static area of 0.75 acres was selected for stage-area input. Conceptual stage-storage design information developed for conceptual modeling is provided in Table 16, and is based on utilizing the pump to draw down the pond prior to or early on in a storm event. TABLE 16— CONCEPTUAL DESIGN #4 CRITERIA Stage Area Volume (ft. NAVD88) (acres) (acre-feet) -3.0 0.75 0.00 2.0 0.75 3.75 As seen above in stage-storage information for Conceptual Project#4, an approximate design storage volume of 3.75 acre-feet was used for the purpose of model development. Peak stage results for the critical 1-hour and 24-hour storm events are provided in Table 17 and Table 18, respectively, for implementation of Conceptual Projects#1-4. Estimated Total Cost (Conceptual Project#4) = —$4,000,000- $6,000,000 19 TABLE 17-CONCEPTUAL DESIGN PROJECT#4 PEAK STAGE SUMMARY(1-HOUR:» Warning Less than or Node(Subbasin) Stage Peak Stage Flood Depth A Flood Depth equal to 112 (feet NAVD88) (feet NAVD88) (feet) (feet) Roadway? YIN Atlantic/Johnson 7.60 7.51 0.00 -0.83 Y Atlantic/Pierce 7.80 7.43 0.00 -0.38 Y Buchanan/Orange N 6.99 5.78 0.00 -0.96 Y Buchanan/Orange S 6.99 5.80 0.00 -0.78 Y Fillmore 6.40 6.36 0.00 -0.81 Y Fillmore/Poinsetta 7.80 7.43 0.00 -0.50 Y Fillmore/Ridgewood 7.04 6.63 0.00 -0.32 Y Johnson/Orange 7.15 6.99 0.00 -0.07 Y Johnson/Ridgewood 7.70 7.43 0.00 -0.44 Y Lincoln/Orange 6.15 6.09 0.00 -0.72 Y Lincoln/Ridgewood 7.77 6.60 0.00 -0.75 Y Magnolia/Taylor 7.65 7.46 0.00 -0.11 Y Orange/Polk 6.90 6.69 0.00 -0.38 Y Pierce/Poinsetta 8.01 7.75 0.00 -0.17 Y Poinsetta/Polk 7.75 7.85 0.10 -0.23 Y Poinsetta/Ta for 8.22 7.73 0.00 -0.28 Y TABLE 18-CONCEPTUAL DESIGN PROJECT#4 PEAK STAGE SUMMARY(24-HOUR) ' Less than or Less than or Warning Peak Stage Flood A Flood Peak Stage A Flood equal to 112 Flood Depth equal to 112 Stage (feet Depth Depth (feet Depth Node(Subbasin) (feet NAVD88) (feet) (feet) Ro(YIN) NAVD88) I (feet) (feet) Ro(YIN)y NAVD88) - L MA-24HR 10YR-24HR - Atlantic/Johnson 7.60 7.18 0.00 -1.05 Y - 8.00 0.40 -0.58 N Atlantic/Pierce 7.80 7.25 0.00 -0.47 Y 7.75 0.00 -0.54 Y Buchanan/Orange N 6.99 5.58 0.00 -0.89 Y 6.55 0.00 -0.71 Y Buchanan/Orange S 6.99 5.62 0.00 -0.70 Y 6.50 0.00 -0.76 Y Fillmore 6.40 6.24 0.00 -0.94 Y 7.09 0.69 -0.72 N Fillmore/Poinsetta 7.80 7.29 0.00 -0.59 Y 7.91 0.11 -0.44 N Fillmore/Ridgewood 7.04 6.62 0.00 -0.19 Y 7.33 0.29 -0.25 N Johnson/Orange 7.15 6.97 0.00 -0.08 Y 7.18 0.03 -0.12 Y Johnson/Ridgewood 7.70 7.43 0.00 -0.43 Y 8.09 0.39 -0.02 N Lincoln/Orange 6.15 5.93 0.00 -0.86 Y 6.88 0.73 -0.40 N Lincoln/Ridgewood 7.77 6.54 0.00 -0.82 Y 7.47 0.00 -0.54 N Magnolia/Taylor 7.65 7.39 0.00 -0.19 Y 7.86 0.21 -0.07 N Orange/Polk 6.90 6.59 0.00 -0.46 Y 7.30 0.40 -0.36 N Pierce/Poinsetta 8.01 7.54 0.00 -0.34 Y 7.90 0.00 -0.44 Y Poinsetta/Polk 7.75 7.86 0.11 -0.29 Y 8.31 0.56 -0.08 N Poinsetta/Ta for 8.22 7.66 0.00 -0.38 Y 8.23 0.01 -0.15 Y 20 4.2.5 Conceptual Design Project#5 ■ :r �� Conceptual Design Project#5 includes replacement of all existing City .41,11!""= roads with single-lane roads. The City is interested in determining whether a reduction in roadway imperviousness will provide a net benefit to existing Center Street basin drainage (see Figure 15). I „ '' de The City is highly developed and pervious areas are limited, therefore, �� . : this design project is intended to reduce up to fifty percent (50%) of . ..: roadway imperviousness and increase available soil storage to encourage peak stage flood reduction. A storm pump station near FIGURE 15-CENTER STREET BASIN ROADWAY AND the outfall on Center Street has been included for critical trunkline RIGHT-OF-WAY(ROW)AREAS • relief during major storm events. Conceptual design information ,' r � Lig developed for modeling purposes is provided in Table 19. .r� .0 ill" • �i i,.- ,"t Figure 16 provides an overview of the City-owned and residential roadways selected for impervious reduction for modeling purposes. �f .�..:. ffillEPF • 4 r , , " The City is interested in the potential inclusion of exfiltration chambersicEttrut or trenches beneath the roadways selected for impervious reduction, as well as the eastern roadways adjacent to the beach. As such, FIGURE 16-CONCEPTUAL PROJECT#5 ROADWAYS, each of these areas will include additional storage (12'width x 2' 50%IMPERVIOUS REDUCTION . depth) along the extent of subbasin roadways to provide storage and treatment during rainfall events. Peak stage elevation results for Conceptual Project#5 under the critical 1-hour and 24-hour storm events are summarized in Table 20 and Table 21, respectively. Components required for this conceptual design include reconstruction of-15,000 LF of City roadways including reduction to single one-way roadways and construction of swales and other greenspace features within the previous paved areas. TABLE 19- CONCEPTUAL DESIGN #5 CRITERIA Land Cover Area, Existing Area, Proposed Change (acres) (acres) (acres) Commercial 26.6 26.6 +0.0 Industrial 1.3 1.3 +0.0 Open Space 1.4 11.7 +10.3 Residential 50.4 50.4 +0.0 Trans ortation 33.0 22.7 -10.3 Estimated Total Cost (Conceptual Project#5B) = -$1,800,000 - $2,600,000 21 . TABLE 20-CONCEPTUAL DESIGN PROJECT#5 PEAK STAGE SUMMARY(1-HOUR) Warning Less than or Node(Subbasin) Stage Peak Stage Flood Depth A Flood Depth equal to 112 (feet NAVD88) (feet NAVD88) (feet) (feet) Roadway? (Y/N) Atlantic/Johnson 7.60 7.79 0.19 -0.55 N Atlantic/Pierce 7.80 6.35 0.00 -1.46 Y Buchanan/Orange N 6.99 3.45 0.00 -3.29 Y Buchanan/Orange S 6.99 3.76 0.00 -2.82 Y Fillmore 6.40 4.11 0.00 -3.06 Y Fillmore/Poinsetta 7.80 4.87 0.00 -3.06 Y Fillmore/Ridgewood 7.04 4.38 0.00 -2.57 Y Johnson/Orange 7.15 5.12 0.00 -1.94 Y Johnson/Ridgewood 7.70 5.12 0.00 -2.75 Y Lincoln/Orange 6.15 4.85 0.00 -1.96 Y Lincoln/Ridgewood 7.77 5.40 0.00 -1.95 Y Magnolia/Taylor 7.65 6.04 0.00 -1.53 Y Orange/Polk 6.90 4.06 0.00 -3.01 Y Pierce/Poinsetta 8.01 6.45 0.00 -1.47 Y Poinsetta/Polk 7.75 5.23 0.00 -2.85 Y Poinsetta/Ta for 8.22 5.07 0.00 -2.94 Y TABLE 21 -CONCEPTUAL DESIGN PROJECT#5 PEAK STAGE SUMMARY(24-HOUR) Less than or Less than or Warning Peak Stage Flood A Flood Peak Stage A Flood equal to 1/2 Flood Depth equal to 1/2 Stage (feet Depth Depth (feet Depth Node(Subbasin) (feet NAVD88) (feet) (feet) Roadway? NAVD88) (feet) (feet) Roadway? NAVD88) (YIN) (YIN) MA-24HR 10YR-24HR Atlantic/Johnson 7.60 7.75 0.15 -0.48 N 8.43 0.83 -0.15 N Atlantic/Pierce 7.80 6.6 0.00 -1.12 Y 7.80 0.00 -0.49 Y Buchanan/Orange N 6.99 5.07 0.00 -1.40 Y 6.92 0.00 -0.34 Y Buchanan/Orange S 6.99 5.3 0.00 -1.02 Y 6.86 0.00 -0.40 Y Fillmore 6.40 6.2 0.00 -0.98 Y 7.49 1.09 -0.32 N Fillmore/Poinsetta 7.80 7.15 0.00 -0.73 Y 8.05 0.25 -0.30 N Fillmore/Ridgewood 7.04 5.61 0.00 -1.20 Y 7.19 0.15 -0.39 N Johnson/Orange 7.15 6.63 0.00 -0.42 Y 7.13 0.00 -0.17 Y Johnson/Ridgewood 7.70 7.2 0.00 -0.66 Y 8.08 0.38 -0.03 N Lincoln/Orange 6.15 6.15 0.00 -0.64 Y 6.95 0.80 -0.33 N Lincoln/Ridgewood 7.77 6.32 0.00 -1.04 Y 7.66 0.00 -0.35 N Magnolia/Taylor 7.65 6.97 0.00 -0.61 Y 7.75 0.10 -0.18 Y Orange/Polk 6.90 6.05 0.00 -1.00 Y 7.36 0.46 -0.30 N Pierce/Poinsetta 8.01 6.69 0.00 -1.19 Y 8.04 0.03 -0.30 Y Poinsetta/Polk 7.75 7.55 0.00 -0.60 Y 8.25 0.50 -0.14 N Poinsetta/Ta for 8.22 7.38 0.00 -0.66 Y 8.18 0.00 -0.20 Y 22 4.3 Project Comparison Table 22, Table 23, and Table 24 provide a comparison of each critical subbasin based on flooding less than or equal to 1/2 of the roadway elevation under the critical 1-hour, MA-24HR, and 10YR-24HR storm events, respectively. An graphical overview of subbasins which are flooded during the critical 1-hour storm event are provided in Figure A8 to Figure Al (see Appendix A) for Conceptual Project#1, Conceptual Projects#2-4, and Conceptual Project#5, respectively. TABLE 2 —PROJECT PEAK FLOODING COMPARISON (FDOT-1) Node(Subbasin) Existing Project 1A Project 1 B Project 2 Project 3 Project 4 Project 5 Atlantic/Johnson ✓ ✓ ✓ Atlantic/Pierce ✓ ✓ ✓ ✓ ✓ ✓ ✓ Buchanan/Orange N ✓ ✓ ✓ ✓ ✓ ✓ ✓ Buchanan/Orange S ✓ ✓ ✓ ✓ ✓ ✓ ✓ Fillmore ✓ ✓ ✓ ✓ Fillmore/Poinsetta ✓ ✓ ✓ ✓ ✓ ✓ Fillmore/Ridgewood ✓ ✓ ✓ ✓ ✓ ✓ Johnson/Orange ✓ ✓ ✓ ✓ ✓ ✓ ✓ Johnson/Ridgewood ✓ ✓ ✓ ✓ Lincoln/Orange ✓ ✓ ✓ ✓ Lincoln/Ridgewood ✓ ✓ ✓ ✓ ✓ Magnolia/Taylor ✓ ✓ ✓ ✓ ✓ ✓ ✓ Orange/Polk ✓ ✓ ✓ ✓ ✓ ✓ Pierce/Poinsetta ✓ ✓ ✓ ✓ ✓ ✓ ✓ Poinsetta/Polk ✓ ✓ ✓ ✓ Poinsetta/Taylor ✓ ✓ ✓ ✓ ✓ ✓ ✓ (✓)=Peak stage flood elevation less than or equal to one-half(1/2)of the minimum roadway elevation. TABLE 23—PROJECT PEAK FLOODING COMPARISON (MA-10YR) Node(Subbasin) Existing Project 1A Project 1 B Project 2 Project 3 Project 4 Project 5 Atlantic/Johnson ✓ ✓ ✓ Atlantic/Pierce ✓ ✓ ✓ ✓ ✓ ✓ ✓ Buchanan/Orange N ✓ ✓ ✓ ✓ ✓ ✓ ✓ Buchanan/Orange S ✓ ✓ ✓ ✓ ✓ ✓ ✓ Fillmore ✓ ✓ ✓ ✓ Fillmore/Poinsetta ✓ ✓ ✓ ✓ ✓ ✓ ✓ Fillmore/Ridgewood ✓ ✓ ✓ ✓ ✓ ✓ Johnson/Orange ✓ ✓ ✓ ✓ ✓ ✓ ✓ Johnson/Ridgewood ✓ ✓ ✓ ✓ Lincoln/Orange ✓ ✓ ✓ ✓ Lincoln/Ridgewood ✓ ✓ ✓ ✓ ✓ Magnolia/Taylor ✓ ✓ ✓ ✓ ✓ ✓ ✓ Orange/Polk ✓ ✓ ✓ ✓ ✓ ✓ Pierce/Poinsetta ✓ ✓ ✓ ✓ ✓ ✓ ✓ Poinsetta/Polk ✓ ✓ ✓ ✓ Poinsetta/Taylor ✓ ✓ ✓ ✓ ✓ ✓ ✓ (✓)=Peak stage flood elevation less than or equal to one-half(1/2)of the minimum roadway elevation. 23 TABLE 24— PROJECT PEAK FLOODING COMPARISON (10YR-24H Node (Subbasin) Existing Project Project Project 2 Project 3 Project 4 Project 5 1A 1B _ Atlantic/Johnson _ — Atlantic/Pierce ✓ ✓ ✓ .4 Buchanan/Orange N ✓ ✓ ✓ ✓ ✓ ✓ Buchanan/Orange S ✓ ✓ ✓ ✓ ✓ ✓ Fillmore Fillmore/Poinsetta Fillmore/Ridgewood Johnson/Orange ✓ ✓ ✓ ✓ ✓ ✓ Johnson/Ridgewood Lincoln/Orange Lincoln/Ridgewood Magnolia/Taylor ✓ Orange/Polk Pierce/Poinsetta _ ✓ ✓ ✓ ✓ ✓ jir. ✓ ✓ Poinsetta/Polk _ J Poinsetta/Ta for ✓ ✓ ✓ ✓ ✓ ✓ (✓)=Peak stage flood elevation less than or equal to one-half(1/2)of the minimum roadway elevation. As seen in the tables above, each project provides an increased benefit with respect to peak stage flooding and reduction of peak stage elevation below 1/2 of the roadway elevation is possible in all subbasins via Conceptual Projects#2-4. For the critical 1-hour storm, three (3) subbasins were further improved from Conceptual Project #1A (Orange/Polk, Fillmore/Poinsetta, Fillmore/Ridgewood) and a 4th subbasin was improved from Conceptual Project#1 B (Lincoln/Ridgewood). Additional benefits from Conceptual Project #1 B were minimally impactful when only trunkline improvements were considered. Conceptual Projects#2-4 provide reduction of peak flood elevations in all subbasins up the the MA-24HR storm event and addresses several `bottleneck' points within the primary trunkline and critical secondary branches. For the 10YR-24HR storm, three (3) basins were improved via Conceptual Project#1A and 1 B, and four(4) basins were improved via Conceptual Projects#2-4. Conceptual Project#3 and #4 show no significant change compared to Conceptual Project#2; however, reduction of design pipe capacity increases (Conceptual Project#1-2) can likely be optimized with inclusion of a pump station and pretreatment storage. Note, Conceptual Project#5 has comparable subbasin improvements during the critical 1-hour and MA-24HR storm events; however, performs comparatively to existing conditions during the 10YR-24HR event. To further assess the 5 conceptual design projects, subbasin reductions in peak flood elevation comparative to existing conditions were reviewed. Table 25, Table 26, and Table 27 provide summaries of flood depths for the critical 1-hour, MA-24HR, and 10YR-24HR storm events, respectively. Minimum roadway elevations were used for flood depth calculation. Note, only subbasins which had a peak flood stage of greater than 1/2 of the roadway during existing peak stage flood conditions were considered. 24 TABLE 25-PROJECT FLOOD DEPTH COMPARISON(FDOT-1) Project 1A Project 1B Project 2 Project 3 Project 4 Project 5 Node(Subbasin) feet feet feet feet feet feet Atlantic/Johnson 0.70 0.69 0.03 0.01 0.00 0.19 Fillmore 0.61 0.52 0.09 0.08 0.00 0.00 Fillmore/Ridgewood 0.00 0.00 0.00 0.00 0.00 0.00 Johnson/Ridgewood 0.07 0.00 0.00 0.00 0.00 0.00 Lincoln/Orange 0.54 0.38 0.08 0.06 0.00 0.00 Lincoln/Ridgewood 0.00 0.00 0.00 0.00 0.00 0.00 Orange/Polk 0.00 0.00 0.00 0.00 0.00 0.00 Poinsetta/Polk 0.28 0.26 0.12 0.12 0.10 0.00 Er TABLE 26-PROJECT FLOOD DEPTH COMPARISON(MA-24HR) Project 1A Project 1B Project 2 Project 3 Project 4 Project 5 Node(Subbasin) feet feet feet Feet feet Feet Atlantic/Johnson 0.56 0.52 0.00 0.00 0.00 0.15 Fillmore 0.60 0.44 0.00 0.00 0.00 0.00 Fillmore/Ridgewood 0.00 0.00 0.00 0.00 0.00 0.00 Johnson/Ridgewood 0.15 0.01 0.00 0.00 0.00 0.00 Lincoln/Orange 0.55 0.36 0.00 0.00 0.00 0.00 Lincoln/Ridgewood 0.00 0.00 0.00 0.00 0.00 0.00 Orange/Polk 0.00 0.00 0.00 0.00 0.00 0.00 Poinsetta/Polk 0.34 0.31 0.12 0.11 0.11 0.00 TABLE 27-PROJECT PEAK FLOOD DEPTH COMPARISON (10YR-24HR) Project 1A Project 1B Project 2 Project 3 Project 4 Project 5 Node(Subbasin) feet feet feet feet feet feet Atlantic/Johnson 0.94 0.92 0.42 0.42 0.40 0.83 Fillmore 0.24 0.20 0.00 0.71 0.69 1.09 Fillmore/Ridgewood 0.00 0.00 0.00 0.29 0.29 0.15 Johnson/Ridgewood 0.00 0.00 0.00 0.39 0.39 0.38 Lincoln/Orange 1.29 1.11 0.71 0.73 0.73 0.80 Lincoln/Ridgewood 0.45 0.41 0.12 0.00 0.00 0.00 Orange/Polk 0.40 0.09 0.29 0.41 0.40 0.46 Poinsetta/Polk 0.06 0.04 0.03 0.56 0.56 0.50 Note, each table provides the flood depth associated with the peak stage elevation for each design storm compared to the minimum inlet elevation. Based on flood depth results provided for each design storm, Conceptual Projects#2-4 provide the greatest peak stage reduction benefit for the existing stormwater system. 4.4 Additional Considerations 4.4.1 Pump Station on Center Street Based on the City's successful use of a temporary pump to provide additional flood relief during a moderate rainfall event, a standalone pump station scenario was considered for modeling to compare to the five (5) conceptual project scenarios established for Center Street basin improvements. For this scenario, similar to Conceptual Projects#4 and #5, a pump station is proposed for construction along Center Street with a 16 cubic feet per second (10 CFS) capacity. The results for this scenario had peak stage elevations comparable to existing conditions; 25 however, the duration of flooding for critical subbasins was reduced by an average of 30 minutes compared to existing conditions with inclusion of the 10 CFS capacity pump station. A combination of a pump station with any conceptual project will be useful for removal of excess water from the system prior to storm events, as well as reduced tailwater conditions during the storm event, and will be considered in final recommendations. Implementation of conceptual improvement projects will require permitting. At a minimum, it is expected that a permit with the St. Johns Water Management District will be necessary to ensure there is no detrimental impacts to the receiving water body. Adequate treatment of the increased runoff volumes will be required prior to final discharge to the Banana River. Baseflow treatment systems to treat the baseflow of polluted groundwater that exits the system on a somewhat continuous basis throughout the year is recommended. This can be accomplished with passive in-line or solar powered pumped off-line BAM filters or other similar devices. During conceptual analysis, consideration was given to cross-drain connections and other miscellaneous improvements to Atlantic Avenue (A1A), though this area is permitted under the Florida Department of Transportation (FDOT)jurisdiction. Additions or modifications to areas within FDOT limits will likely result in additional detailed design and permitting efforts by FDOT to ensure no impacts or reduced level of service (LOS) will be caused to the collection and conveyance along A1A. A summary of the estimated total construction cost for each conceptual design project is provided in Table 23 and is based on total cost with contingency. Final cost estimation for each project will be further developed following discussions and final comments from the City. ;ABLE 23— PRELIMINARY COSTS Project Total Cost ($) Conceptual Project#1A $600,000- $900,000 Conceptual Project#1 B $1,300,000 - $1,900,000 Conceptual Project#2 $2,700,000 - $4,000,000 Conceptual Project#3 $3,400,000 - $5,100,000 Conceptual Project#4 $4,000,000 - $6,000,000 Conceptual Project#5 $1,800,000 - $2,600,000 26 7 Recommendations Recommendations for the Center Street basin stormwater system include, at minimum, a tidal valve be installed at the outfall to enhance system capacities. This is a very low-cost improvement which will prevent backflows from the Banana River and providing additional conveyance capacity through the primary trunkline for the system. Based on the City's feedback on successful use of a pump to reduce flooding, implementation of a new permanent storm pump station is recommended along Center Street upstream of the outfall and baffle box. The pump station will be intended to remove existing water in the system prior to or early in the storm event and to lower the 'tailwater' that the system is discharging to thus allowing the gravity conveyance system to operate more effectively. Construction of a pump station is recommended for construction prior to additional improvements based on cost and constructability. Following implementation of a pump station it is recommended that the City consider future pipe capacity increases to improve the existing system efficiency and reduce peak stage flooding. Increasing the pipe capacity of pipe segments identified in Conceptual Projects #1-2 will provide reduction in peak stages below 1/2 of the roadway for all subbasins up to the MA-24HR storm event. Additional improvements to critical subbasins during the 10R-24HR storm event are also observed via these project improvements. Note, in some cases the 'doubling' of pipe may not be feasible with existing utility conflicts or other space constraints. Design of pipe sizing in these cases are recommended for intent of maximizing pipe capacity with the given pipe alignment and existing system conditions. Improvements along the primary trunkline west of A1A should be prioritized to enhance existing system capacity and provide emergency relief during heavy rainfall events. Improvements in this area include construction of new pump station along Center Street, and pipe capacity increases along the primary trunkline. Additional improvements to existing upstream piping, including pipe capacity increases along the primary trunkline east of A1A and upstream secondary branch lines, are recommended for consideration as funding is available to further improve the existing system. 27 APPENDIX A REPORT FIGURES KAGAIUAUIIOMOIU➢\\MiCel691 OOM1'Tii1T. Legend Center Street Basin Stormwater Inlet Stormwater Pipes e: Eck Maxar, GeoEye, Earthstar Geograp *NES/Airbus DS, USDA, US,GS These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at owner's sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Center Street Basin Drainage Improvements Figure Al - Existing Center Street Basin Stormwater System Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. 'O a Atlantic/Lincoln Lincoln/Poin Atlantic S Lincolnl • more t more' Fillmore/Orange Fillmore Fillmore/Magno e: E , Maxar, GeoEye, Earthstar Geogra'p ONES/Airbus DS, USDA, Center Street Basin Drainage Improvements Figure A2 - Existing Nodal Diagram Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd Legend • Model Node (Subbasin) Model Weirs (Overland) Center Street Basin W CENTER1 Center St Solana on the River Atlantic W Atlantic/Center St w Atlant Atlantic E W_POLK1 a/Polk Memorial Park /Taylor to W_FILLMOREI Fillmore/O ange W [(/ Fillmore/Magnol z ry Fillmore W 0 0 113 O zr • O �i<14, w 1 PIERCyt W_PIERCE2 �1I PIERCE. W_PIERCE4 Atlantic/Pierce Pier. -/Poinsetta W et0 Orange/Pierce Pierce 4tlantic/Buchanan N y Z Z O O a 31 Buchanan/Orange N?1 -idgewood Buchanan/Ridgewood W_BUCHANAN3D r W_BUCHANAN3B 2� z ZT Lincoln/Ridgewood Orange/Polk Magnolia/Taylor W TAYLOR2 Buchanan/Poinsetta N W BUCHANAN1A uc anan/Poinsetta is/Buchanan S Lincoln/Poinsetta1 Atla tic/Lincoln W ATnLANTIC6'N L\NCO�N Buchanan/Orange S O Z Ul W_LINCOLN2 LincolnaOrange r � rn W Z_ al Johnson/Poinsetta N 31 - W_JOHNSON3 Atlantic/Johnson 0 JOHNSON2 W_JOHNSON1 Johnson/Poinsetta coJohnson/Orange W_FILLMORE3 W_LINCOLN3 Fillmore/Ridgewood Pierce/Ridgewood Johnson/Ridgewood e: E , Maxar, GeoEye, Earthstar Geogra'p SNES/Airbus DS, USDA, USG These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Center Street Basin Drainage Improvements Figure A3 - Overland Weir Connections Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Buchanan/Poinsetta S Atlantic/Buchanan S Atlantic/Johnson Johnson/Poinsetta S e: E Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USG saAwaRID, daH, - f © EaEWitj Center Street Basin Drainage Improvements Figure A4 - Existing Center Street Subbasin Flooding (Critical 1-Hour Storm) Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd Legend Conceptual Design Diameter, Equivalent 3.0' 5.0' 6.0' Stormwater Pipes • Stormwater Inlet xar, GeoEye, Earthstar Geogra�phics, ONES/Airbus DS, USDA, USGS, AeroGRID, IGN, and 4he GIS User Community These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Center Street Basin Drainage Improvements Figure A5 - Conceptual Project #1 Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. M:xar, GeoEye, Earthstar Geograiphics, INES/Airbus DS, USDA, USGS, AeroGRID, IGN, an 0eGIS User Community Center Street Basin Drainage Improvements Figure A6 - Conceptual Project #2 Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead & Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse owner or by others will be at sole risk and without liability or legal exposure to Mead & Hunt. In addition, unauthorized reproduction of these documents, inpart or as a whole, is prohibited. M xar, GeoEye, Earthstar Geograiphics, NES/Airbus DS, USDA, USGS, AeroGRID, IGN, ands e GIS User Community Center Street Basin Drainage Improvements Figure A7 - Conceptual Project #3 Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd Legend Subbasin Condition L No Flooding Flooding Center St Solana on the River Atlantic W Atlantic E Poinsetta/Polk Poinsetta/Taylor Fillmore/Poinsetta Atlantic/Pierce Atlantic/Buchanan N Atlantic/Center St Pierce/Poinsetta Buchanan/Poinsetta N Memorial Park Fillmore/Orange Orange/Polk Magnolia/Taylor Fillmore Orange/Pierce Pierce Buchanan/Orange N Buchanan/Poinsetta S Buchanan/Orange S Atlantic/Buchanan S Lincoln/Poinsetta Atlantic/Lincoln Atlantic S Atlantic/Johnson Johnson/Poinsetta N Johnson/Poinsetta S Lincoln/Orange Johnson/Orange Fillmore/Magnolia Ridgewood Fillmore/Ridgewood Pierce/Ridgewood Buchanan/Ridgewood Lincoln/Ridgewood Johnson/Ridgewood e: E Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USG"S, AeroGRID, I These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Center Street Basin Drainage Improvements Figure A8 - Conceptual Project #1 Subbasin Flooding (Critical 1-Hour Storm) Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Buchanan/Poinsetta S Atlantic/Buchanan S Atlantic/Johnson Johnson/Poinsetta S Orange/Taylor Fillmore Fillmore/Magnolia e: E "; Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USG saAwaRID, daH, - f c Eau Center Street Basin Drainage Improvements Figure A9 - Conceptual Projects #2-4 Subbasin Flooding (Critical 1-Hour Storm) Mead 1lunt X:\00000-00\10001 \Tech\G I S\MXD\MAP. mxd These documents shall not be used for any purpose or project for which it is not intended. Mead 8 Hunt shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses, and expenses, including attorneys' fees and costs, arising out of such misuse or reuse of the documents. Any other use or reuse by owner or by others will be at sole risk and without liability or legal exposure to Mead 8 Hunt. In addition, unauthorized reproduction of these documents, in part or as a whole, is prohibited. Buchanan/Poinsetta S Atlantic/Buchanan S Atlantic/Johnson Johnson/Poinsetta S Fillmore Fillmore/Magnolia e: E "; Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USG saAwaRID, daH, - f © EaEWitj Center Street Basin Drainage Improvements Figure A10 - Conceptual Project #5 Subbasin Flooding (Critical 1-Hour Storm) Mead 1lunt CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 AGENDA ITEM SUMMARY • ITEM # 4 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. (Postponed from the December 19, 2023 City Council Regular Meeting) 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 City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 4_ Page 2 of 5 • Live -work units consisting of complementary residential space within a building containing a principal commercial or industrial use. 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; 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. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 4_ Page 3 of 5 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 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 first reading of 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). City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 4_ Page 4 of 5 The second public hearing and adoption must be held within 180 days (May 17, 2024) of receipt of the FloridaCommerce notification. Upon adoption, the City must transmit the adopted amendment to 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. At its December 19, 2023 Regular Meeting, the Council discussed a number of items regarding the proposed Ordinance. • Live -Local Impact. The City Attorney advised that the Live Local Act, although a legitimate concern for all municipalities, should not have an impact on or be impacted by, the proposed Ordinance. Furthermore, the Council maintains a great deal of control over mixed use projects on a case -by -case basis, and there is a heightened level of public involvement prescribed for proposed projects. • Requirement for a minimum of seven (7) acres. The Council acknowledged that lot aggregation could satisfy this requirement. Additionally, for second reading the Council requested a map of existing parcels which are 7 acres or larger and located in eligible locations (Attachment 6). Staff has no knowledge of these parcels currently being considered for Mixed -Use Development. • Net Area. The proposed ordinance requires a minimum of seven net developable acres. The Council discussed how the calculation of density might be affected by how this is determined. As proposed: Net developable area shall include the building site, recreation areas, open space, swimming pools, entrance features, required landscape areas, parking drives, setback areas and the similar spaces devoted exclusively to the approved mixed uses. However, such area shall not include wetlands, conservation areas unless required and approved by the City Council to be incorporated into the project as an amenity, land already developed, roadways, waterways, and lands unsuitable for development for the exclusive use of the project's residents and occupants because of topographical features or for environmental reasons. Using this language as a guide, we can create examples. Example 1: A 10-acre parcel is designed for proposed mixed -use. As part of the design, the architect is planning to have: ■ An outside parking area of .75 acres, including drive aisles, ■ A landscape plan that consumes .25 areas, ■ A tennis/pickleball court measuring .20 acres ■ Setbacks that take up .40 acres, and ■ An entrance feature that consumes .10 acre, Total area for all the above items: 1.50 acres. Since the proposed comp plan language for net developable area allows the developer to include parking areas, landscaping, swimming pools, recreational space, entrance features City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 4_ Page 5 of 5 and setbacks as developable net acreage, the density calculation can still be based on the full 10 acres. Example 2: A 10-acre parcel is designed for proposed mixed -use. As part of the design, the architect is planning to have all of the amenities of the previous example. However, the parcel also has a 3-acre canopy of oak trees that the Council and Developer have negotiated to preserve and designate as a conservation area. In this example, the 3 acres would be deducted from the net developable acreage, having the effect of reducing the net developable acreage to 7 acres (10 — 3). Accordingly, in this example, the density calculation would be based on a maximum of 7 acres. In sum, while density is a product of the net acreage calculation, area deductions are only eligible for: • wetlands, • conservation areas approved by City Council, • land already developed, • roadways, • waterways, and • lands unsuitable for development for the exclusive use of the project's residents and occupants because of topographical features or for environmental reasons. To maintain the integrity of the legal notice for the Ordinance, the Council voted to postpone this item to a date and time certain (January 16, 2024 at 6:00 PM). Submitting Department Director: David Dickey Attachments: 1. Historical References to Mixed -Use 2. Ordinance No. 10-2023 3. P&Z Board Minutes (Excerpt) — September 13, 2023 4. Legal Ad - October 17, 2023 5. FloridaCommerce Review Letter— November 20, 2023 6. Mixed -Use Parcel Map 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�i-th—t-h-e, 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. Net developable area shall include the building site, recreation areas, 219 open space, swimming pools, entrance features, required landscape areas, parking 220 drives, setback areas and the similar spaces devoted exclusively to the approved 221 mixed uses. However, such area shall not include wetlands, conservation areas unless 222 required and approved by the City Council to be incorporated into the project as an 223 amenity, land already developed, roadways, waterways, and lands unsuitable for 224 development for the exclusive use of the project's residents and occupants because of 225 topographical features 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 January, 381 2024. 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: January 16, 2024 City of Cape Canaveral Ordinance No. 10-2023 Page 11 of 11 Attachment 3 CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 September 13, 2023 6:00 P.M. MINUTES CALL TO ORDER: A meeting of the Planning and Zoning Board (PZB) took place on September 13, 2023, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL. Chairman Russell called the meeting to order at 6:00 p.m. The Board Secretary called the roll. ROLL CALL: Members Present: Lamar Russell John Price Susan Denny Nancy Gentilquore Dr. Michael Miller Steven Stroud Others Present: David Dickey Kyle Harris Renee Yother City Attorney Scott Molyneaux Chairman Vice Chairman Board Member Board Member Board Member Board Member Director, Community & Economic Development Senior Planner Board Secretary Anthony Garganese Brevard County Sheriff's Office PUBLIC PARTICIPATION: Chairman Russell recognized Peg Schaller for Public Participation. Ms. Schaller introduced herself as residing at resident at 8817 N Atlantic Avenue and requested to hold her comments until the Board discusses Agenda Item #4 — parking requirements. No other public participation at this time. OLD BUSINESS: None NEW BUSINESS: A. Board Matters: 1. Approval of Meeting Minutes: July 12, 2023 - Motion to accept the minutes as written made by Board Member Stroud and seconded by Board Member Gentilquore. Vote on the motion carried unanimously. 2. Interview Board Applicant — Daniel Sharpe introduced himself as a resident at 336 Harbor Drive, and gave a brief background of his professional experiences. Mr. Dickey informed the Board that Mr. Sharpe has a strong background in real estate and development. Discussion ensued between the Board Members and Mr. Sharpe regarding his experience, 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 3of4 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 long-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 A1A 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. City of Cape Canaveral, FL Planning and Zoning Board Minutes — September 13, 2023 Page 4 of 4 6. Discuss allowing an exception to the current height requirements for certain uses. Mr. Harris informed the Board the City has received several inquiries from hotel developers regarding the addition of certain amenities on the roof of the hotel structures. The current Code does not allow these types of additions, as they would be above the 65-foot limit of the EOOD. He shared pictures of hotels, in local municipalities, which depict the vision of what was being discussed. Mr. Dickey asked the Board to advise if it is good policy to allow these amenities on the hotel rooftops. Certain Code would be needed. The Board gave brief input and are interested in further discussing the matter. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Meeting adjourned at 8:27 p.m. Approved on this is- TN day of 1704 k. tona.4. 4.4.,lea Lamar Russell, Chairman Renee Yother, : d Secretary , 2023 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 Attachment 6 Parcel Parcel ID Size(Acres) Access In Overlay Existing Existing FLU Road Zoning Designation A 24-37-15- 13.9 SR A1A Yes C-1 and M-1 C-1 and M-1 00-6 B 24-37-15- 7.7 W. Central Yes R-3 R-3 00-510 Blvd. C 24-37-15- 12.44 SR A1A and Yes PD C-2 00-815 W. Central Blvd. D 24-37-14- 8.46 W. Central Yes C-1 C-1 28-*-E.02 Blvd. E 24-37-23- 10.86 SR A1A Yes C-2 C-2 00-500 Phase IV Administrative Rezoning Properties Ordinance Nos. 01-2024 through 16-2024 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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, 8669, 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, second 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, 8669, 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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 • January 16, 2024 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 and 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 and 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 update to the Ordinance title has been made for second reading. At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 5_ Page 3 of 3 Submitting Department Director: David Dickey Attachments: 1. Ordinance No. 01-2024 2. Ordinance No. 02-2024 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: Adopt Ordinance 01-2024 and 02-2024 on second reading. Approved by City Manager: Todd Morley Attachment 1 1 2 ORDINANCE NO. 01-2024 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 8, 9 OCEAN COURT, ACCORDING TO THE PLAT THEREOF, AS 10 RECORDED IN PLAT BOOK 40, PAGE 17, OF THE PUBLIC 11 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 12 8657, 8659, 8661, 8663, 8665, 8667, 8669, AND 8671 MAPLE 13 COURT FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;" 14 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS 15 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 16 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 17 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 18 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 19 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. 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 50 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 51 of 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. 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 16th day of 87 January, 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: January 16, 2024 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 Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 01-2024 24-37-14-72-*-1 8671 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-2 8669 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-3 8667 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-4 8665 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-5 8663 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-6 8661 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-7 8659 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-8 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, 8669, 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 amended 16 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 17 the real properties depicted and legally described on Exhibits "A" which is attached and 18 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's 19 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 16th day of 2 January, 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: January 16, 2024 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 Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 02-2024 24-37-14-72-*-1 8671 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-2 8669 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-3 8667 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-4 8665 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-5 8663 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-6 8661 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-7 8659 MAPLE CT CAPE CANAVERAL FL 32920 24-37-14-72-*-8 8657 MAPLE CT CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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 14, 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 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue, and Lots 15 and 15.01 Park Villas Phase Two, according to the Plat thereof, as recorded in Plat Book 41, Page 6, of the Public Records of Brevard County, Florida and located at 104 and 106 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, second reading; and Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 through 14, 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 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue, and Lots 15 and 15.01 Park Villas Phase Two, according to the Plat thereof, as recorded in Plat Book 41, Page 6, of the Public Records of Brevard County, Florida and located at 104 and 106 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 and an effective date, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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, City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 6_ Page 2 of 3 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 and 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 and 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 update to the Ordinance title has been made for the second reading. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 6_ Page 3 of 3 At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there is one vacation rental unit operating on properties affected by the proposed Ordinance. The affected address is 104 Washington Avenue. Submitting Department Director: David Dickey Attachments: 1. Ordinance No. 03-2024 2. Ordinance No. 04-2024 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: Adopt Ordinance 03-2024 and 04-2024 on second 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 14, 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 108, 110, 112, 12 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, AND 134 13 WASHINGTON AVENUE, AND LOTS 15 AND 15.01 PARK VILLAS 14 PHASE TWO, ACCORDING TO THE PLAT THEREOF, AS 15 RECORDED IN PLAT BOOK 41, PAGE 6, OF THE PUBLIC 16 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 17 104 AND 106 WASHINGTON AVENUE, FROM C-1 18 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE 19 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE 20 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 21 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 22 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 23 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 24 PLAN AND AN EFFECTIVE DATE. 25 26 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 27 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 28 163.3187(1)(c), Florida Statutes; and 29 30 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 31 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 32 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 33 and all interested parties submitting written and oral comments and has recommended adoption 34 to the City Council; and 35 36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 37 hearing on the proposed amendment set forth hereunder and considered findings and advice of 38 staff, citizens, and all interested parties submitting written and oral comments and supporting 39 data and analysis, and after complete deliberation, hereby approves and adopts the City of Cape Canaveral Ordinance No. 03-2024 Page 1 of 3 40 Comprehensive Plan Amendment set forth hereunder; and 41 42 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 43 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 44 45 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 46 ORDAINS, AS FOLLOWS: 47 48 Section 1. Recitals. The foregoing recitals are true and correct and are fully 49 incorporated herein by this reference. 50 51 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 52 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 53 54 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 55 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 56 of the City of Cape Canaveral Comprehensive Plan. 57 58 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 59 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 60 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2 61 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference. 62 63 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 64 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 65 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 66 67 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 68 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 69 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 70 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 71 the validity of the remaining portions of this Ordinance. 72 73 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 74 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 75 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 76 number or letter and any heading may be changed or modified as necessary to effectuate the 77 foregoing. 78 City of Cape Canaveral Ordinance No. 03-2024 Page 2 of 3 79 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 80 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 81 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 82 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 83 Agency or the Administration Commission issues a final order determining the adopted small 84 scale Comprehensive Plan Amendment is in compliance. No development orders, development 85 permits, or land use dependent on this Amendment may be issued or commenced before it has 86 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 87 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 88 become a part of that plan and the Amendments shall have the legal status of the City of Cape 89 Canaveral Comprehensive Plan, as amended. 90 91 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 92 January, 2024. 93 94 95 Wes Morrison, Mayor 96 97 ATTEST: For Against 98 99 Kim Davis 100 101 Mia Goforth, CMC Kay Jackson 102 City Clerk 103 Mickie Kellum 104 105 Wes Morrison 106 107 Don Willis 108 109 First Reading: December 19, 2023 110 Advertisement: 111 Second Reading: January 16, 2024 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. 03-2024 Page 3 of 3 Exhibit "A" Ordinance No. 03-2024 Legend Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 03-2024 24-37-14-QG-*-15.01 104 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-QG-*-15 106 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-14 108 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-13 110 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-12 112 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-11 114 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-10 116 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-9 118 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-8 120 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-7 122 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-6 124 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-5 126 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-4 128 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-3 130 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-2 132 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-1 134 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 14, 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 108, 110, 112, 114, 116, 11 118, 120, 122, 124, 126, 128, 130, 132, AND 134 WASHINGTON 12 AVENUE, AND LOTS 15 AND 15.01 PARK VILLAS PHASE TWO, 13 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 14 BOOK 41, PAGE 6, OF THE PUBLIC RECORDS OF BREVARD 15 COUNTY, FLORIDA AND LOCATED AT 104 AND 106 16 WASHINGTON AVENUE, FROM THE CURRENT CITY C-1 LOW 17 DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION TO 18 THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING 19 DISTRICT DESIGNATION; PROVIDING THE PROPERTY 20 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY 21 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" 22 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR 23 INCONSISTENT ORDINANCES AND RESOLUTIONS, 24 SEVERABILITY AND AN EFFECTIVE DATE. 25 26 27 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 28 State Constitution, to exercise any power for municipal purposes, except when expressly 29 prohibited by law; and 30 31 WHEREAS, the subject property owner desires to rezone the subject property to R-2 32 Medium Density Residential in order to construct residential units; and 33 34 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 35 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 36 and 37 38 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 39 have recommended approval of this Ordinance; and City of Cape Canaveral Ordinance No. 04-2024 Page 1 of 3 1 2 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 3 hearing on the proposed zoning change set forth hereunder and considered findings and advice 4 of staff, citizens, and all interested parties submitting written and oral comments and supporting 5 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 6 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 7 and substantial evidence supports the zoning change set forth hereunder; and 8 9 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 10 government purpose and is in the best interests of the public health, safety, and welfare of the 11 citizens of Cape Canaveral, Florida. 12 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 14 ORDAINS, AS FOLLOWS: 15 16 Section 1. Recitals. The foregoing recitals are true and correct and are fully 17 incorporated herein by this reference. 18 19 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 20 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 21 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 22 the real properties depicted and legally described on Exhibits "A" which is attached and 23 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's 24 Official Zoning Map upon the effective date of this Ordinance. 25 26 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 27 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 28 the Official Records of Brevard County, Florida. 29 30 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 31 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 32 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 33 34 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 35 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 36 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 37 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 38 the validity of the remaining portions of this Ordinance. 39 City of Cape Canaveral Ordinance No. 04-2024 Page 2 of 3 1 Section 6. Conditional Effective Date. This Ordinance shall become effective 2 immediately upon the effective date of Ordinance 03-2024 as adopted by the City Council of the 3 City of Cape Canaveral, Florida. If Ordinance 03-2024 does not become effective, then this 4 Ordinance shall become null and void. 5 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 7 January, 2024. 8 9 10 Wes Morrison, Mayor 11 12 ATTEST: For Against 13 14 Kim Davis 15 16 Mia Goforth, CMC Kay Jackson 17 City Clerk 18 Mickie Kellum 19 20 Wes Morrison 21 22 Don Willis 23 24 25 First Reading: December 19, 2023 26 Advertisement: 27 Second Reading: January 16, 2024 28 29 30 31 Approved as to legal form and sufficiency 32 for the City of Cape Canaveral only by: 33 34 35 Anthony A. Garganese, City Attorney 36 37 City of Cape Canaveral Ordinance No. 04-2024 Page 3 of 3 Exhibit "A" Ordinance No. 04-2024 z g 1.1 E • r au BoulLear Can _Jo carlo el o al, Bot6emacd CarLV ir.a4 i3uVeNial-di 1 " c - '''frtnri Auer, 1 Legend Subject Parcels Li 1 _ ,Carcoline cariandri Cogner) Adam Alien e Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 04-2024 24-37-14-QG-*-15.01 104 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-QG-*-15 106 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-14 108 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-13 110 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-12 112 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-11 114 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-10 116 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-9 118 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-8 120 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-7 122 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-6 124 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-5 126 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-4 128 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-3 130 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-2 132 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-14-PK-*-1 134 WASHINGTON AVE CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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, second 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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, 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 • January 16, 2024 Agenda Item # 7_ 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-3 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 and 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. At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. 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. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 7_ Page 3 of 3 Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance 05-2024 and 06-2024 on second reading. Approved by City Manager: Todd Morley 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 Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 05-2024 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 Subject Parcels car arIt F4Drth South C.;1r�. r Ovi'i €#.ver5de Drive Int%matiori l Drive P' N Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 06-2024 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 • JANUARY 16, 2024 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, second 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, 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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 City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 8_ Page 2 of 3 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. 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 and 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. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 8_ Page 3 of 3 At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. Submitting Department Director: David Dickey 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: Adopt Ordinance 07-2024 and 08-2024 on second 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 Legal Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 07-2024 24-37-23-47-*-1 103 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-2 105 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-3 107 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-4 109 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 120 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-1413 122 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-14C 124 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-14D 126 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-CG-1-16 128 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 • PJ,Jr [ It Allan [Ft Avenue ■ • -11 Wa shiny, "_ ;+.Veriut For Legend Subject Parcels �. arnc.AVenut r. Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 08-2024 24-37-23-47-*-1 103 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-2 105 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-3 107 WASHINGTON AVE CAPE CANAVERAL FL 32920 24-37-23-47-*-4 109 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 120 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-14B 122 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-14C 124 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-03-*-14D 126 ADAMS AVE CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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 and 110 Jefferson Avenue, Lots 1 and 2 of Jefferson Villas according to the Plat thereof recorded at Plat Book 48, Page 7 of the Public Records of Brevard County, Florida, and located at 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 and 109 Adams Avenue, Lots 1 and 2 of Adams Villas Replat according to the Plat thereof recorded at Plat Book 47, Page 77 of the Public Records of Brevard County, Florida, and located at 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, second 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 and 110 Jefferson Avenue, Lots 1 and 2 of Jefferson Villas according to the plat thereof recorded at Plat Book 48, Page 7 of the Public Records of Brevard County, Florida, and located at 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 and 109 Adams Avenue, Lots 1 and 2 of Adams Villas Replat according to the Plat thereof recorded at Plat Book 47, Page 77 of the Public Records of Brevard County, Florida, and located at 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 City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 9_ Page 2 of 4 particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. De•artment: Communit and Economic Develo.ment Summary: At its November 15, 2023 meeting, the Planning and 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 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". City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 9_ Page 3 of 4 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 and 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 and 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. A Business Tax Receipt for a vacation rental was obtained by the owner at 107 Adams Avenue on December 8, 2023. 107 Adams Avenue contains a townhome that was platted and built in 2002 along with the adjacent townhome parcel to the east, 109 Adams Avenue. The two properties share a party wall; rezoning only 107 Adams Avenue has the potential to create difficulties, particularly in the event of partial or complete destruction of the structure, which would require the lots to be rebuilt in compliance with the existing Code: • Because townhomes are not a permitted use in C-1, 109 Adams Avenue could only be rebuilt as a detached single-family home. However, the lot is only 43 feet in width, which is only permitted in R-2 for townhome lots —detached single-family residential uses require a width of at least 75 feet. This would render the property owner at 109 Adams Avenue unable to rebuild (without the application of variances). • 107 Adams Avenue would need to be rebuilt with a commercial use. The required setbacks in C-1 are: 25 feet from the front, 25 feet from the corner/street side, 25 feet from the eastern property line, and 15 feet from the southern property line. This leaves a very small building envelope. Additionally, while the minimum lot size of 5,000 square feet in C-1 would be met, a commercial development may not meet the scale and character of the surrounding area. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 9_ Page 4 of 4 At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there is one vacation rental unit operating on properties affected by the proposed Ordinance. The affected address is 107 Adams Avenue. 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: Adopt Ordinance 09-2024 and 10-2024 on second 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 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION FOR SEVERAL PARCELS OF 8 PROPERTY LEGALLY DESCRIBED AS LOTS 1 AND 2 OF 9 JEFFERSON VILLAS PHASE II ACCORDING TO THE PLAT 10 THEREOF RECORDED AT PLAT BOOK 49, PAGE 26 OF THE 11 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND 12 LOCATED AT 108 AND 110 JEFFERSON AVENUE, LOTS 1 AND 2 13 OF JEFFERSON VILLAS ACCORDING TO THE PLAT THEREOF 14 RECORDED AT PLAT BOOK 48, PAGE 7 OF THE PUBLIC 15 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT 16 112 AND 114 JEFFERSON AVENUE, LOTS 5, 6, 7 AND 8 OF SAN 17 TOMAS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF 18 RECORDED AT PLAT BOOK 36, PAGE 9 OF THE PUBLIC 19 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 20 116, 118, 120 AND 122 JEFFERSON AVENUE, LOTS 12, 13 AND 21 14 OF SAN TOMAS VILLAS PHASE IV ACCORDING TO THE PLAT 22 THEREOF RECORDED AT PLAT BOOK 36, PAGE 80 OF THE 23 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND 24 LOCATED AT 124, 126, AND 128 JEFFERSON AVENUE, LOTS 1 25 AND 2 OF ADAMS VILLAS PHASE II ACCORDING TO THE PLAT 26 THEREOF RECORDED AT PLAT BOOK 48, PAGE 6 OF THE PUBLIC 27 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT 28 107 AND 109 ADAMS AVENUE, LOTS 1 AND 2 OF ADAMS 29 VILLAS REPLAT ACCORDING TO THE PLAT THEREOF RECORDED 30 AT PLAT BOOK 47, PAGE 77 OF THE PUBLIC RECORDS OF 31 BREVARD COUNTY, FLORIDA, AND LOCATED AT 32 111 AND 113 ADAMS AVENUE LOTS 1, 2, 3 AND 4 OF SAN 33 TOMAS VILLAS ACCORDING TO THE PLAT THEREOF RECORDED 34 AT PLAT BOOK 35, PAGE 13 OF THE PUBLIC RECORDS OF 35 BREVARD COUNTY, FLORIDA AND LOCATED AT 115, 117, 119 36 AND 121 ADAMS AVENUE, LOTS 9,10, AND 11 OF SAN TOMAS 37 VILLAS PHASE III ACCORDING TO THE PLAT THEREOF 38 RECORDED AT PLAT BOOK 36, PAGE 55 OF THE PUBLIC 39 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT City of Cape Canaveral Ordinance No. 09-2024 Page 1 of 4 40 123, 125 AND 127 ADAMS AVENUE FROM C-1 COMMERCIAL 41 TO R-2 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO 42 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED AND 43 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; 44 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 45 ORDINANCES AND RESOLUTIONS, SEVERABILITY, 46 INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN 47 EFFECTIVE DATE. 48 49 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 50 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 51 163.3187(1)(c), Florida Statutes; and 52 53 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 54 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 55 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 56 and all interested parties submitting written and oral comments and has recommended adoption 57 to the City Council; and 58 59 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 60 hearing on the proposed amendment set forth hereunder and considered findings and advice of 61 staff, citizens, and all interested parties submitting written and oral comments and supporting 62 data and analysis, and after complete deliberation, hereby approves and adopts the 63 Comprehensive Plan Amendment set forth hereunder; and 64 65 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 66 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 67 68 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 69 ORDAINS, AS FOLLOWS: 70 71 Section 1. Recitals. The foregoing recitals are true and correct and are fully 72 incorporated herein by this reference. 73 74 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 75 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 76 77 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 78 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions City of Cape Canaveral Ordinance No. 09-2024 Page 2 of 4 79 of the City of Cape Canaveral Comprehensive Plan. 80 81 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 82 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 83 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2 84 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference. 85 86 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 87 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 88 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 89 90 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 91 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 92 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 93 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 94 the validity of the remaining portions of this Ordinance. 95 96 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 97 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 98 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 99 number or letter and any heading may be changed or modified as necessary to effectuate the 100 foregoing. 101 102 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 103 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 104 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 105 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 106 Agency or the Administration Commission issues a final order determining the adopted small 107 scale Comprehensive Plan Amendment is in compliance. No development orders, development 108 permits, or land use dependent on this Amendment may be issued or commenced before it has 109 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 110 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 111 become a part of that plan and the Amendments shall have the legal status of the City of Cape 112 Canaveral Comprehensive Plan, as amended. 113 114 115 116 117 City of Cape Canaveral Ordinance No. 09-2024 Page 3 of 4 118 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 119 January, 2024. 120 121 122 Wes Morrison, Mayor 123 124 ATTEST: For Against 125 126 Kim Davis 127 128 Mia Goforth, CMC Kay Jackson 129 City Clerk 130 Mickie Kellum 131 132 Wes Morrison 133 134 Don Willis 135 136 137 First Reading: December 19, 2023 138 Advertisement: 139 Second Reading: January 16, 2024 140 141 142 143 Approved as to legal form and sufficiency 144 for the City of Cape Canaveral only by: 145 146 147 Anthony A. Garganese, City Attorney 148 149 City of Cape Canaveral Ordinance No. 09-2024 Page 4 of 4 Exhibit "A" Ordinance No. 09-2024 Legend Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 09-2024 24-37-23-36-*-1 107 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-36-*-2 109 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-35-*-1 111 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-35-*-2 113 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-1 115 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-2 117 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-3 119 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-4 121 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-9 123 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-10 125 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-11 127 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-58-*-1 108 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-58-*-2 110 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-37-*-1 112 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-37-*-2 114 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-5 116 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-6 118 JEFFERSON AV CAPE CANAVERAL FL 32920 24-37-23-17-*-7 120 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-8 122 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-12 124 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-13 126 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-14 128 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 AND 110 JEFFERSON AVENUE, 11 LOTS 1 AND 2 OF JEFFERSON VILLAS ACCORDING TO THE PLAT 12 THEREOF RECORDED AT PLAT BOOK 48, PAGE 7 OF THE PUBLIC 13 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT 14 112 AND 114 JEFFERSON AVENUE, LOTS 5, 6, 7 AND 8 OF SAN 15 TOMAS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF 16 RECORDED AT PLAT BOOK 36, PAGE 9 OF THE PUBLIC 17 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 18 116, 118, 120 AND 122 JEFFERSON AVENUE, LOTS 12, 13 AND 19 14 OF SAN TOMAS VILLAS PHASE IV ACCORDING TO THE PLAT 20 THEREOF RECORDED AT PLAT BOOK 36, PAGE 80 OF THE 21 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND 22 LOCATED AT 124, 126, AND 128 JEFFERSON AVENUE, LOTS 1 23 AND 2 OF ADAMS VILLAS PHASE II ACCORDING TO THE PLAT 24 THEREOF RECORDED AT PLAT BOOK 48, PAGE 6 OF THE PUBLIC 25 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT 26 107 AND 109 ADAMS AVENUE, LOTS 1 AND 2 OF ADAMS 27 VILLAS REPLAT ACCORDING TO THE PLAT THEREOF RECORDED 28 AT PLAT BOOK 47, PAGE 77 OF THE PUBLIC RECORDS OF 29 BREVARD COUNTY, FLORIDA, AND LOCATED AT 30 111 AND 113 ADAMS AVENUE, LOTS 1, 2, 3 AND 4 OF SAN 31 TOMAS VILLAS ACCORDING TO THE PLAT THEREOF RECORDED 32 AT PLAT BOOK 35, PAGE 13 OF THE PUBLIC RECORDS OF 33 BREVARD COUNTY, FLORIDA AND LOCATED AT 115, 117, 119 34 AND 121 ADAMS AVENUE, LOTS 9,10, AND 11 OF SAN TOMAS 35 VILLAS PHASE III ACCORDING TO THE PLAT THEREOF 36 RECORDED AT PLAT BOOK 36, PAGE 55 OF THE PUBLIC 37 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 38 123, 125 AND 127 ADAMS AVENUE FROM THE CURRENT CITY 39 C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT 40 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY City of Cape Canaveral Ordinance No. 10-2024 Page 1 of 4 1 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING 2 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE 3 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 4 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 5 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 6 SEVERABILITY AND AN EFFECTIVE DATE. 7 8 9 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 10 State Constitution, to exercise any power for municipal purposes, except when expressly 11 prohibited by law; and 12 13 WHEREAS, the subject property owner desires to rezone the subject property to R-2 14 Medium Density Residential in order to construct residential units; and 15 16 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 17 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 18 and 19 20 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 21 have recommended approval of this Ordinance; and 22 23 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 24 hearing on the proposed zoning change set forth hereunder and considered findings and advice 25 of staff, citizens, and all interested parties submitting written and oral comments and supporting 26 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 27 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 28 and substantial evidence supports the zoning change set forth hereunder; and 29 30 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 31 government purpose and is in the best interests of the public health, safety, and welfare of the 32 citizens of Cape Canaveral, Florida. 33 34 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 35 ORDAINS, AS FOLLOWS: 36 37 Section 1. Recitals. The foregoing recitals are true and correct and are fully 38 incorporated herein by this reference. 39 40 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of City of Cape Canaveral Ordinance No. 10-2024 Page 2 of 4 1 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 2 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of 3 the real properties depicted and legally described on Exhibits "A" which is attached and 4 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's 5 Official Zoning Map upon the effective date of this Ordinance. 6 7 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 8 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 9 the Official Records of Brevard County, Florida. 10 11 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 12 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 13 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 14 15 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 16 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 17 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 18 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 19 the validity of the remaining portions of this Ordinance. 20 21 Section 6. Conditional Effective Date. This Ordinance shall become effective 22 immediately upon the effective date of Ordinance 09-2024 as adopted by the City Council of the 23 City of Cape Canaveral, Florida. If Ordinance 09-2024 does not become effective, then this 24 Ordinance shall become null and void. 25 26 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 27 January, 2024. 28 29 30 Wes Morrison, Mayor 31 32 ATTEST: For Against 33 34 Kim Davis 35 36 Mia Goforth, CMC Kay Jackson 37 City Clerk 38 Mickie Kellum 39 40 Wes Morrison City of Cape Canaveral Ordinance No. 10-2024 Page 3 of 4 1 2 3 4 5 First Reading: December 19, 2023 6 Advertisement: 7 Second Reading: January 16, 2024 8 9 10 11 Approved as to legal form and sufficiency 12 for the City of Cape Canaveral only by: 13 14 15 Anthony A. Garganese, City Attorney 16 17 Don Willis City of Cape Canaveral Ordinance No. 10-2024 Page 4 of 4 Exhibit "A" Ordinance No. 10-2024 Legend Subject Parcels .g[011,41rellue kdamsWflIJ • di 1.13n Awe nue r + Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 10-2024 24-37-23-36-*-1 107 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-36-*-2 109 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-35-*-1 111 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-35-*-2 113 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-1 115 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-2 117 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-3 119 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-15-*-4 121 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-9 123 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-10 125 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-18-*-11 127 ADAMS AVE CAPE CANAVERAL FL 32920 24-37-23-58-*-1 108 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-58-*-2 110 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-37-*-1 112 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-37-*-2 114 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-5 116 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-6 118 JEFFERSON AV CAPE CANAVERAL FL 32920 24-37-23-17-*-7 120 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-17-*-8 122 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-12 124 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-13 126 JEFFERSON AVE CAPE CANAVERAL FL 32920 24-37-23-21-*-14 128 JEFFERSON AVE CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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, second 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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 • January 16, 2024 Agenda Item # 10 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 and 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. At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. 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. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 10 Page 3 of 3 Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance 11-2024 and 12-2024 on second reading. Approved by City Manager: Todd Morley 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 Legend Canaveral Breakers Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 11-2024 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 .In ePiz a igo Jaidifjor :11 r ti Legend Canaveral Breakers • E.5[ Cantiral Ica' daYd �i JE'nakflag 9eJ;AMC 3 Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 12-2024 24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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, second 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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. 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 City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 11 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 and 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. At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. Submittin • De • artment Director: David Dicke Attachments: 1. Ordinance No. 13-2024 2. Ordinance No. 14-2024 Financial Im •act: Cost of advertisement; Staff time and effort to re are this a.enda item. City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 11 Page 3 of 3 Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance 13-2024 and 14-2024 on second 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 Legend 102 E Central Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 13-2024 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 I + Li-t Central Eloule1311i- wir + Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 14-2024 24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 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, second 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, second reading. Department: Community and Economic Development Summary: At its November 15, 2023 meeting, the Planning and 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 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 • January 16, 2024 Agenda Item # 12 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 and 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. At the December 19, 2023 Regular Meeting, the Council discussed the implications of administratively rezoning a property from commercial to residential whose owner relies on the C-1 zoning exemption to the City's seven-day minimum rental period (see Sec. 110-487). Upon a review of current City Business Tax Receipts, it was determined there are no vacation rental units operating on properties affected by the proposed Ordinance. Submittin • De • artment Director: David Dicke Attachments: 1. Ordinance No. 15-2024 City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 12 Page 3 of 3 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: Adopt Ordinance 15-2024 and 16-2024 on second reading. A • • roved b Cit Mana • er: Todd Morle 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 Legend Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 15-2024 24-37-23-CG-13-11 108 & 112 MADISON AVE CAPE CANAVERAL FL 32920 24 37 23 CG 13 13 114 & 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 Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 16-2024 24-37-23-CG-13-11 108 & 112 MADISON AVE CAPE CANAVERAL FL 32920 24 37 23 CG 13 13 114 & 116 MADISON AVE CAPE CANAVERAL FL 32920 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 AGENDA ITEM SUMMARY • ITEM # 13 Subject: EV Charging Station Additional Options, New Trends, and State of the Industry Discussion Department: City Council Summary: This item will discuss what other cities are doing to address and ensure that charging stations are available to the public and business travelers. Discussion of current industry news updates to the state of the market. Discussion of possibilities to be able to enhance public EV charging options. 1. Planned Costs to upgrade our EV stations is $120k. This upgrade includes: a. Payment for utilizing the charging station b. Networking of the machines to provide the ability to record kilowatt hours used, user fees, and automation of maintenance alerts as well as circuit breaker tripping. 2. Trends with other cities: a. Cities are moving to enacting ordinances that increase the number of stations within the city available to travelers and citizens. b. Dunedin has started charging similarly to our city as of January 1st. A comparison of costs include: i. City leaders say it will cost $1.50 to plug into the charger, $0.20 per kilowatt used, and then another 5% transaction fee. ii. Are we aligned with the previous numbers we worked with to ensure we maximize our return on investment? How are our fees in comparison to these? 3. State of the Market is indicating some decline which may be different than when research was previously completed for the charging station upgrades: a. Rivian, a battery maker's stock falls on declining 10% on 4th quarter EV deliveries. b. Ford confirms that it has temporarily cut a shift at its EV Lightning electric pickup plant. i. Ford and other automakers are starting to reconsider their EV growth strategies, shifting away from pure battery EVs more towards plug-in hybrids and even ICEs [internal combustion engines]," CFRA's Nelson c. GM has abandoned plans to build 400,000 EVs by mid-2024 blaming lower demand. i. Previously produced 50% increase of EVs over their 2023 Q2 quarter, but sales only grew 28% quarter over quarter. d. Bloomberg reports "After fueling the 20th century automobile culture that reshaped cities and defined modern travel, gasoline was supposed to begin its long goodbye this year. It didn't." 4. Return on investment and our strategy for pricing for charging. 5. Being on the Space Coast with SpaceX and others who depend heavily on EVs, we need to make informed decisions on how to move forward while ensuring that EV charging is available to citizen's and travelers alike, while, if possible, saving citizen's tax dollars. All options need to be investigated for intelligent decisions on how to City of Cape Canaveral City Council Meeting • January 16, 2024 Agenda Item # 13 Page 2 of 2 move forward in a changing market with some decline. Including additional options being utilized in different cities that were early adopters in the market. Submitting Council Member: Kay Jackson Attachments: 1. Article: Dunedin electric car charging fees go into effect in January 2. Article: Automotive Dive Industry Publication, Dive Brief, GM abandons plan to build 400,000 EVs by mid-2024 3. Article: Ford cutting F-150 Lightning factory shift is 'emblematic' of changing EV demand 4. Article: Bloomberg: The Peak in Gasoline Demand Turns Out to Be a Mirage: Combustion -engine vehicles still dominate the world's highways. Attachment 1 Dunedin electric car charging fees go into effect in January Electric car drivers will soon have to pay some fees to charge their cars in Dunedin. It's a change that begins in the new year. "I wanted to do something for the environment, but mostly, it's a fun car to drive. And it's got, like a said before, a lot of power, and it's just a very convenient car," said Rick Suntag, a resident in Dunedin. Suntag is a big fan of his hybrid electric car. By: Casey Albritton Posted at 5:02 PM, Dec 29, 2023 and last updated 5:33 PM, Dec 29, 2023 PINELLAS COUNTY, Fla. Electric car drivers will soon have to pay some fees to charge their cars in Dunedin. It's a change that begins in the new year. "I wanted to do something for the environment, but mostly, it's a fun car to drive. And it's got, like a said before, a lot of power, and it's just a very convenient car," said Rick Suntag, a resident in Dunedin. Suntag is a big fan of his hybrid electric car. "I absolutely love this car! It's got an electric motor and a gas motor, so when I'm using both, it has a lot of power," said Suntag. He moved to Dunedin a few years ago and said charging his car has been a breeze. "There's almost always one available, and all the times we've been here we try to charge almost exclusively on the town chargers," said Suntag. Many charging stations in Dunedin have been free for the past five years, something Megan Javier has been taking advantage of since she got her car in 2020. "Honestly, it's been such a nice convenience for these three years to have it free and super close to where I work," said Javier. But soon, that convenience will change. The pilot program between Duke Energy and the City of Dunedin, which allowed for free charging stations, is wrapping up on December 31. Starting in the new year, it will cost money to charge electric cars. "It's just the way of the world. Nothing is free anymore," said Javier. City leaders say it will cost $1.50 to plug into the charger, $0.20 per kilowatt used, and then another 5% transaction fee. Many residents said they enjoy plugging in their car and then leaving their car in that spot for a few hours while they go to work or get a bite to eat, but soon there will be a fee in place that will charge people if they leave their car in that location after it's fully charged for over 30 minutes. Suntag said the change will deter drivers. "Most of what I'm doing is topping it off, and that fee is going to make the prices seem even higher. It's cheaper to charge at home overnight, which is probably what I will start doing now," said Suntag. Javier said although she's not looking forward to paying the fees, she's just glad the charging stations are available. "Everybody that has an electric vehicle is always excited when they find a free charger, especially if it's in a convenient location, so it is a little bit of a bummer, but again, at least they aren't taking them away," said Javier. Attachment 2 Automotive Dive Industry Publication Dive Brief GM abandons plan to build 400,000 EVs by mid-2024 The automaker blamed lower demand for its decision to curb its EV production goals. GM's EV production climbed 40% from Q2 to Q3, while EV sales grew 28%. Published Oct. 24, 2023 Eric Walz Re . orter The Chevy Silverado EV RST. Courtesy of General Motors Dive Brief: • General Motors is abandoning its plan to build 400,000 electric vehicles from 2022 through mid-2024 to maximize profitability, GM executives said during the company's earnings call Tuesday. • The automaker produced approximately 32,000 EVs during Q3 2023, a 40% increase over Q2, and plans to increase production further in Q4 2023 and beyond. GM's EV sales grew 28% quarter over quarter. • GM blamed lower EV demand for its decision to curb its EV production goals, but the automaker still plans to have the capacity to build 1 million EVs annually in North America by the end of 2025. Dive Insight: GM, along with Ford, is slowing its EV plans as demand softens, competition heats up and prices drop. Last week, GM said it would delay the production start of electric trucks, including the Chevy Silverado EV and GMC Sierra EV, from 2024 until late 2025 at its Orion Assembly plant in Michigan. "We're also taking immediate steps to enhance the profitability of our EV portfolio and adjust to slowing near -term growth," GM CEO Mary Barra said Tuesday. "These steps include moderating the pace of our EV acceleration in 2024 and 2025." GM is delaying the launch of several EV models to cut expenses, Barra said. The Chevrolet Bolt EV, for instance, is being relaunched using lower -cost lithium -ion batteries purchased from China, allowing GM to go to market "two years faster," Barra said. The company expects the Cadillac Lyriq, Chevrolet Blazer EV, Chevrolet Silverado EV and GMC Hummer EV will comprise two-thirds of its EV production in Q4. GM will also delay the production of the Chevrolet Equinox EV, Silverado EV RST and GMC Sierra EV Denali "by only a few months" to give the automaker more time to develop software for them, Barra said. "This will ensure their success," she said. GM also said it's ramping up EV battery production at its Ultium Cells factory, a joint venture with LG Energy Solutions, in Ohio. The company says it more than doubled Ultium platform production in the third quarter and expects the plant to reach its full capacity of 36 million cells a year by the end of 2023. GM said new high -capacity module assembly lines led to the production increase. "By mid -year, we expect that modules will no longer be a constraint and we will be focused on building to customer demand rather than setting new production targets," Barra said. GM CFO Paul Jacobson said the United Auto Workers strike against the automaker cost it $200 million in Q3 earnings before interest and taxes and $600 million to date in Q4, bringing the total to $800 million since the strike began Sept. 15. Attachment 3 Ford cutting F-150 Lightning factory shift is 'emblematic' of changing EV demand Scroll back up to restore default view. As' Pras Subramanian • Senior Reporter October 16, 2023.3 min read In this article: Ford (F) confirmed that it has temporarily cut a shift at its F-150 Lightning electric pickup plant in Detroit, possibly signaling demand is drying up for the highly rated EV. "We are adjusting the schedule at the Rouge Electric Vehicle Center because of multiple constraints, including the supply chain and working through processing and delivering vehicles held for quality checks after restarting production in August," Ford said in a statement regarding the shift reduction. Ford said 700 jobs would be affected by the shift cut, and that the jobs impacted were not due to the ongoing UAW stand up strikes. Despite this statement, however, it appears there may be more to that story. The Wall Street Journal was first to report last Friday that Ford was considering cutting a shift at its Rouge electric vehicle plant, where the automaker builds the Lightning, citing a memo from an UAW official concerned about demand. "It doesn't take a rocket scientist to figure out that our sales for the Lightning have tanked," the memo reportedly also said. Ford Motor Company (F) View quote details NYSE - Nasdaq Real Time Price (USD) 11.75 -0.41(-3.36%) As of 3:33PM EST.Market open. • • • • • • • • Full screen This would also explain the automaker's recent decision to introduce big price cuts for the current 2023 F-150 Lightning EV, with Ford offering $7,500 in incentives for the Lariat and Platinum trims which combined with the federal tax cut would potentially be a whopping $15,000 off the sticker price. Prior to this, Ford had cut prices on some trims of the Lightning back in July. A 2023 Ford F-150 Lightning EV is offered for sale at Golf Mill Ford on July 18, 2023 in Niles, Ill. Yesterday Ford announced that it was cutting prices on the Lightning truck by as much as $10,000. (Scott Olson/Getty Images) (Scott Olson via Getty Images) "We think Ford's announcement is emblematic of the difficulties traditional automakers have faced with ramping up EV production, but also reflects consumer demand for EVs that wasn't what it once appeared to be in terms of the robust reservation counts for certain new models," CFRA analyst Garrett Nelson said to Yahoo Finance regarding the shift cut. "There's been a growing mismatch between what automakers are trying to sell and what consumers want to buy." Ford's production shift cut follows reports that the automaker had recently canceled dealer stock orders for the Lightning in the past month. Dealer stock orders are those that dealers place to have inventory in stock for customers who are interested in purchasing off the lot, as opposed to special order. At the time, Ford said in a statement to Yahoo Finance that this wasn't due to any particular issue, only that it had "canceled some dealer stock orders not submitted as pre -sold for [model year 2023] as part of our preparations to changeover to [model year 2024] ... No customer orders have been canceled by Ford." The confluence of shift cuts, pricing incentives, and canceling of dealer stock point to possible deterioration in F-150 Lightning demand, just as the automaker has said it will ramp up production of its traditional gas and hybrid F-150 models. Ford reported in Q3 that Lightning sales fell 46% year over year to 3,503 vehicles sold. "Ford and other automakers are starting to reconsider their EV growth strategies, shifting away from pure battery EVs more towards plug-in hybrids and even ICEs [internal combustion engines]," CFRA's Nelson said. Investors will be looking for more color on the Lightning and overall EV demand when Ford reports earnings after market close on Tuesday, Oct. 26. Pras Subramanian is a reporter for Yahoo Finance. You can follow him on Twitter and on Instagram. Opinion I Javier Blas, Columnist Attachment 4 The Peak in Gasoline Demand Turns Out to Be a Mirage Combustion -engine vehicles still dominate the world's highways. December 28, 2023 at 12:00 AM EST gt By Javier Blas Javier Blas is a Bloomberg Opinion columnist covering energy and commodities. He is coauthor of "The World for Sale: Money, Power and the Traders Who Barter the Earth's Resources." Rumors that gasoline demand has peaked have been greatly exaggerated. Photographer: Spencer Platt/Getty Images North America Save now with a special offer. Get every angle of the story and its impact on you. Subscribe for just $180/year. Claim this offer After fueling the 20th century automobile culture that reshaped cities and defined modern travel, gasoline was supposed to begin its long goodbye this year. It didn't. Sure, Tesla Inc. and its rivals sold more electric vehicles in 2023 than ever before, reducing fossil fuel demand. In the moneyed suburbs of London, New York and Beijing, EV cars are a common sight. From that narrow perspective, it looks like the world has already started "transitioning away from fossil fuels," as agreed at the recent COP28 climate talks. But it's a mirage. Bloomberg Opinion Israel Court Ruling Won't End Netanyahu's Ambition History Bodes III for Growth Stocks After Big 2023 Rally 2024 Will Mark the End of the Post -Pandemic Economy The People's Inflation Is Still a Big Problem Even as EV sales increased, the global oil industry sold more gasoline than ever this year, surpassing the previous 2019 peak that the International Energy Agency had expected would remain an unassailable all-time high. Outside wealthy neighborhoods, the internal combustion engine still reigns supreme; in middle- and working-class areas, the energy transition remains a distant prospect. From the 1950s onward, when Henry Ford's dream of a car in every middle-class American driveway became a reality, gas stations sprung up next to drive-in restaurants and strip malls, transforming the US landscape and economies across the globe. The gasoline used to power automobiles accounts for roughly one -in -four barrels of petroleum -refined products consumed worldwide. As the climate crisis garners increased attention, the fuel is destined to play an outsized role in the energy transition — an early indicator of whether the shift away from fossil fuels is happening, and at what speed. The theory was that as EV cars became more popular, gasoline demand would be "disproportionally" impacted, the IEA predicted in its most recent five-year oil outlook, released in June. "This means that the fuel is likely to exhibit the earliest and most pronounced peak in demand" of all fractions of the oil barrel_ it added While consumption would recover this year, it wouldn't reach pre-pandemic levels; the outlook was for a gentle, but constant, downward trend. In the middle of the year, the IEA predicted that gasoline usage would "never return to 2019 levels," when demand reached 26.7 million barrels a day. Instead, consumption rose to about 26.9 million barrels a day this year, according to the latest IEA figures. 1 And 2024 is poised for another, even if small, increase, to just above 27 million barrels a day. As thing stand, the peak in gasoline demand has been delayed by five years, to 2024 from 2019. And I won't be surprised if, once more data are available and forecasts are updated, the peak is pushed forward even further. Gasoline Recovery Global demand for gasoline surpassed this year the record high set in 2019 before the onset of the pandemic, defying expectations of a long-term decline I'tA medium-term forecast Actual demand and short-term forecast 27 m b/d 2019 peak 26 25 24 23 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Source: IEA and Bloomberg The surge past the 2019 peak is particularly significant because it came against three notable headwinds: gasoline prices have been high, particularly in local currencies outside the US dollar world; work-from-home remains far more prevalent than before the pandemic; and Chinese economic growth has slowed. s►' 'i SjgedJp Ask A The trend of higher -for -longer demand has three important lessons for understanding the energy transition. First, the stylized forecasts showing sustained demand declines rarely survive the passage of time - not just years later, but often as soon as a few months after publication. Second, announcements of peak demand generate lots of headlines, but when consumption surges past those peaks, the public rarely hears about it, providing a misleading picture of the pace of the transition. Third, the shift away from fossil fuels will take longer than many had expected. It's not all bad. The world is embracing EV cars and, over time, their market share will continue to increase, particularly in China, North American and Western Europe - boosted by generous subsidies in many nations. Even if gasoline demand continues to increase, the pace of growth is slowing. We may not have reached the peak, but probably there isn't much growth ahead, either. Still, gasoline demand benefits from a strong force: the world is becoming richer. In 2023, there were about 1.1 billion passenger cars in use, up from about 850 million a decade earlier. Even if a growing percentage of those cars is battery -powered, the absolute number of gasoline -fueled cars has increased. It's a trend that will take decades, rather than years, to reverse. Until then, gasoline remains king — whatever the forecasts say. More from this writer at Bloomberg Opinion: • The Harsh Truth Is We're Using More Oil Than Ever: Javier Blas • OPEC+ Enters 2024 With a 'Wait and Hope' Strategy: Javier Blas • Does COP28 Mark the Beginning of End for Fossil Fuels?: Javier Blas Want more from Bloomberg Opinion? OPIN <GO>. Web readers, click here . Or subscribe to our daily newsletter . 1. Since the IEA released its 5-year oil outlook in June, it had revised its 2019 gasoline demand estimate from 26.7 million barrels a day to 26.8 million barrels a day. View in article This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners. To contact the author of this story: Javier Blas at jblas3@bloomberg.net To contact the editor responsible for this story: Mark Gilbert at magilbert@bloomberg.net Javier Blas is a Bloomberg Opinion columnist covering energy and commodities. He is coauthor of "The World for Sale: Money, Power and the Traders Who Barter the Earth's Resources." Get Alerts Advertisement Terms of Service Do Not Sell or Share My Personal Information Careers Made in NYC Advertise Ad Choices Trademarks Privacy Policy Help ©2024 Bloomberg L.P. All Rights Reserved. Save now with a special offer. Get every angle of the story and its impact on you. Subscribe for just $180/year. Claim this offer CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 16, 2024 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Discussion on the City Monthly Financial Reports, Budget and CIP Department: City Council Summary: The Monthly Financial Report is an Informational Item provided to the City Council and public to use as a resource at the monthly Regular City Council Meetings. A discussion is requested on ways that we may be able to improve and simplify the existing report and consider adding in a summary of projects with information such as ongoing expenditures, current status and the target completion date from the Capital Improvement Plan and adopted current FY 2023/2024 Budget. Submitting Council Member: Mayor Wes Morrison Attachment: Informational Item - Monthly Financial Report ITEM # 15 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-J� FROM: John DeLeo, Administrative/Financial Services Director DATE: December 20, 2023 RE: Monthly Financial Report — November 2023 Staff is pleased to present the Monthly Financial Report for the period ending November 30, 2023. At this point in the Fiscal Year, the Year -to -Date Actuals should be 16.7% of the total annual budget. Total General Fund Departmental costs are 5.2% below target. Administrative Services is running below target at 12.1%. Community Development/Code Enforcement/Economic Development is under target at 13.9%. Building Department is under target at 13%. Protective Services are over target by 7.4%. Fire Rescue is running above target by 5.9%. Parks Recreation/Community Affairs is 7.2% below target. Non -Departmental expenditures are below budgetary projections by a12.3%. The Community Redevelopment Agency (CRA) has incurred $81,876 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 8.2%. The Stormwater Fund is under target cost at 3.2%. The City's General Fund investments total $7,771,995.24; Special Revenue investments total $882,725.01; and Enterprise Fund investments total $1,013,401.64. The Grand total of all investments is $9,668,121.89. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended November 30, 2023 Revenue (2nd month of fiscal year = 16%) Ad Valorem Tax To date, the City has received 22.3% of Ad Valorem revenue. The City saw the first Ad Valorem payment in November, and should have the highest income in December. Local Option Gas Tax This amount represents an accrual for October and November. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents accruals for October and November, and some actuals for November. These are slightly above target at 17.2% Permits and Licenses Permits and Licenses are below target at 10.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are slightly above target at 17.0%. This amount represents some actuals for October -November, as well as some accruals. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October and November. These are above target at 19.4.%. Recreation Fees (Leisure Services) Recreation Fees are below target at 11.4%. Investment Income Investment Income is above target at 24.6%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October and November. It is slightly below target at 14.8%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October and November. It is right on target at 16.7%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 GENERAL FUND FY 2023-2024 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,446,700 0.0% 907,783 Cash Forward-R&R 200,000 0.0% 33,333 Ad Valorem Taxes 6,260,562 1,397,765 22.3% 1,043,427 Local Option Gas Tax 358,000 29,833 59,666 16.7% 59,667 Franchise Fees 985,500 71,583 153,052 15.5% 164,250 Utility Taxes 1,376,750 143,757 277,157 20.1% 229,458 Communications Service Tax 424,000 35,333 68,146 16.1% 70,667 Permits&Licenses 678,475 42,718 70,137 10.3% 113,079 Federal Grants 956,500 0.0% 159,417 State Grants 75,000 0.0% 12,500 State Shared Revenue 1,112,700 94,007 189,229 17.0% 185,450 Local Shared Revenue 134,875 0.0% 22,479 Charges for Services 106,868 8,585 8,585 8.0% 17,811 Garbage&Recycling Revenue 1,514,195 147,216 294,325 19.4% 252,366 Recreation Fees 307,700 19,141 35,100 11.4% 51,283 Fines&Forfeitures 18,350 (569) 283 1.5% 3,058 Interest Income 249,450 30,524 61,268 24.6% 41,575 Fire Hydrant Rental Fee 89,950 7,244 8.1% 14,992 Miscellaneous Revenue 50,500 754 1,318 2.6% 8,417 PAL Program Revenue 25,000 15,458 17,140 68.6% 4,167 Transfer from School Guard Crossing Fund 2,100 0.0% 350 Transfer from CRA Fund 1,114,173 0.0% 185,696 Contribution from Wastewater Fund 847,564 70,630 141,261 16.7% 141,261 Contribution from Stormwater Fund 19,566 1,631 3,261 16.7% 3,261 TOTAL REVENUES $ 22,354,478 $ 710,601 $ 2,784,937 12.5% $ 3,725,746 EXPENDITURE Legislative 93,077 3,131 4,998 5.4% 15,513 Administrative Services 642,011 10,893 77,520 12.1% 107,002 Comm Dev/Code Enf/Econ Development 769,216 41,850 107,155 13.9% 128,203 Protective Services 3,796,947 606,243 913,331 24.1% 632,825 Fire/Rescue Services 2,611,690 394,682 588,998 22.6% 435,282 Building 493,744 23,199 64,046 13.0% 82,291 Infrastructure Maintenance 1,908,396 75,343 157,984 8.3% 318,066 Resiliency Division 1,017,444 8,702 31,164 3.1% 169,574 Parks Recreation+Community Affairs 2,329,353 72,966 221,691 9.5% 388,226 Legal Services 319,476 22,258 7.0% 53,246 Solid Waste 1,518,000 533 157,569 10.4% 253,000 Debt Service 1,420,143 0.0% 236,691 Non-Departmental 5,205,912 183,597 226,976 4.4% 867,652 Contingency 229,069 0.0% 38,178 TOTAL EXPENDITURES $ 22,354,478 $ 1,421,139 $ 2,573,690 11.5% $ 3,725,746 Excess of Revenues Over/(Under)Expenditures $ (710,538) $ 211,247 Page 1 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 POLICE EDUCATION FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,140 41 134 11.8% 190 Interest Income 204 25 52 25.5% 34 TOTAL REVENUES $ 1,344 $ 66 $ 186 13.8% $ 224 EXPENDITURE Education&Training - - Contingency 1,344 0.0% 224 TOTAL EXPENDITURES $ 1,344 $ - $ - 0.0% $ 224 Excess of Revenues Over/(Under)Expenditures $ 66 $ 186 IPw FIRE PROTECTION FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 540 0.0% 90 TOTAL REVENUES $ 540 $ - $ - 0.0% $ 90 EXPENDITURE Contingency 540 0.0% 90 TOTAL EXPENDITURES $ 540 $ - $ - 0.0% $ 90 Excess of Revenues Over/(Under)Expenditures $ - $ - Page 2 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 il SCHOOL CROSSING GUARD FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,400 0.0% 233 Parking Fine Surcharge 700 30 60 8.6% 117 TOTAL REVENUES $ 2,100 $ 30 $ 60 2.9% $ 350 EXPENDITURE Transfer to General Fund 2,100 0.0% 350 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - $ - 0.0% $ 350 Excess of Revenues Over/(Under)Expenditures $ 30 $ 60 LIBRARY FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 78,019 17,436 22.3% 13,003 Interest Income 5,400 709 1,473 27.3% 900 TOTAL REVENUES 83,419 $ 709 $ 18,909 22.7% $ 13,903 EXPENDITURE Operating Expenses 34,475 18,912 19,008 55.1% 5,746 Capital Purchases 30,000 0.0% 5,000 Contingency 18,944 2,500 2,500 13.2% 3,157 TOTAL EXPENDITURES 83,419 21,412 21,508 25.8% $ 13,903 Excess of Revenues Over/(Under)Expenditures $ (20,703) $ (2,599) Page 3 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 0.0% 230,570 Shared Revenue from Brevard County 1,217,800 0.0% 202,967 Interest Income 2,500 0.0% 417 Transfer from General Fund 150,000 0.0% 25,000 TOTAL REVENUES 2,753,717 - - 0.0% $ 458,953 EXPENDITURE Operating Expenses 157,215 15,710 20,085 12.8% 26,203 Capital Purchases 728,000 8,174 61,791 8.5% 121,333 Debt Service 866,496 0.0% 144,416 Transfer to General Fund 300,000 0.0% 50,000 Contingency 702,006 0.0% 117,001 TOTAL EXPENDITURES 2,753,717 23,884 81,876 3.0% $ 458,953 Excess of Revenues Over/(Under)Expenditures $ (23,884) $ (81,876) Page 4 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 IMPACT FEES FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Interest from Investment - 997 2,070 0.0% - Impact Fees-Police 19,250 0.0% 3,208 Impact Fees-Fire/Rescue 3,376 0.0% 563 Impact Fees-Transportation 0.0% - Impact Fees-Parks/Recreation 22,700 0.0% 3,783 Impact Fees-General Government 15,850 0.0% 2,642 Impact Fees-Aerial Fire Truck 9,520 0.0% 1,587 Impact Fees-Library 12,000 0.0% 2,000 TOTAL REVENUES 82,696 997 2,070 2.5% $ 13,783 EXPENDITURE Contingency 82,696 0.0% 13,783 TOTAL EXPENDITURES 82,696 - - 0.0% $ 13,783 Excess of Revenues Over/(Under)Expenditures $ 997 $ 2,070 LAW ENFORCEMENT TRUST FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Interest-State 40 4 8 20% 7 Transfer from General Fund 11,073 0% 1,846 TOTAL REVENUES 11,113 4 8 0.1% $ 1,852 EXPENDITURE School Resource Officer 11,113 0% 1,852 TOTAL EXPENDITURES 11,113 - - 0.0% $ 1,852 Excess of Revenues Over/(Under)Expenditures $ 4 $ 8 Page 5 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2023 di WASTEWATER ENTERPRISE FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 0.0% 50,000 Federal Grant 127,500 0.0% 21,250 Utility Operating Income 5,519,082 406,471 816,721 14.8% 919,847 Utility Penalty Income 70,000 4,838 10,682 15.3% 11,667 Sewer Assessment Fees 84,000 0.0% 14,000 Reuse Hook-Up Fees 2,925 0.0% 488 Reclaimed Water Revenue 91,650 7,874 15,921 17.4% 15,275 Investment Income 7,200 1,055 2,491 34.6% 1,200 Sale of Fixed Assets 500 0.0% 83 Transfer from General Fund 1,400,000 0.0% 233,333 Transfer from CRA Fund 52,323 0.0% 8,721 SRF Loan Proceeds 1,320,000 127,507 9.7% 220,000 Miscellaneous Income 2,000 708 1,659 83.0% 333 Insurance Claims 15,520 0.0% - TOTAL REVENUES 8,977,180 420,946 990,501 11.0% $ 1,496,197 EXPENDITURE Personal Services 1,970,298 142,846 330,521 16.8% 328,383 Operating Expenses 1,658,749 128,472 207,346 12.5% 276,458 Debt Service 710,040 20,475 0.0% 118,340 Capital Purchases 3,747,500 49,659 1.3% 624,583 Insurance Claims 6,202 0.0% - Contribution to General Fund 847,564 70,630 141,261 16.7% 141,261 Contingency 43,029 0.0% 7,172 TOTAL EXPENSES 8,977,180 362,423 734,989 8.2% $ 1,496,197 Excess of Revenues Over/(Under)Expenses $ 58,523 $ 255,512 STORMWATER ENTERPRISE FUND FY 2022-2023 OCT 23 YTD NOV 23 YTD %OF TARGET BUDGET ACTUAL ACTUAL BUDGET ACTUAL REVENUE Cash Forward 301,500 0.0% 50,250 Grants 580,000 0.0% 96,667 Stormwater Utility Fees 1,087,800 91,403 182,047 16.7% 181,300 Investment Income 4,500 803 1,690 37.6% 750 Transfer from General Fund 917,500 0.0% 152,917 TOTAL REVENUES $ 2,891,300 $ 92,206 $ 183,737 6.4% $ 481,883 EXPENDITURE Personal Services 383,327 25,088 63,047 16.4% 63,888 Operating Expenses 318,360 3,601 15,770 5.0% 53,060 Capital Purchases 1,986,500 9,800 0.5% 331,083 Contribution to General Fund 19,566 1,631 3,261 16.7% 3,261 Contingency 183,547 0.0% 30,591 TOTAL EXPENSES 2,891,300 30,320 91,878 3.2% $ 481,883 Excess of Revenues Over/(Under)Expenses $ 61,886 $ 91,859 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of November 30,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.54% Interest earned for the month: $ 33,151.09 General Fund Committed (Constrained by Council) Expansion Recreation 45,514.23 Expansion Police 34,458.86 A1A Replenishment 24,000.00 Capital Equipment Renewal&Replacement 250,389.56 Total Committed $ 354,362.65 Assigned -General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 483,882.40 Total General Fund SPIA Investments: $ 2,333,594.06 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,333,996.46 Florida Safe Note 2021 -0.06%(average monthly) 188,627.77 Florida Safe ARPA Reserve-0.06%(average monthly) 3,915,776.95 Total General Fund Florida Safe Investments: $ 5,438,401.18 Total General Fund Investments: $ 7,771,995.24 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,863.40 Aerial Fund - Library Fund 360,679.40 Impact Fees 507,341.60 Law Enforcement Trust Fund 1,840.61 Total Restricted $ 882,725.01 Total Special Revenue Fund SPIA Investments: $ 882,725.01 Enterprise Funds Wastewater Fund: Wastewater General -Unrestricted - Wastewater Fund Renewal&Replacement 578,852.77 $ 578,852.77 Stormwater Fund: Stormwater Fund - Unrestricted - Stormwater Fund Renewal&Replacement 434,548.87 $ 434,548.87 Total Enterprise Fund SPIA Investments: $ 1,013,401.64 TOTAL SPIA&FLSAFE INVESTMENTS $ 9,668,121.89