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Home My WebLink Aboutcocc_p&z_agenda_pkt_20231115CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 November 15, 2023 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB meeting. Public comments related to public hearing Agenda Items will occur during the public hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g. approval of agenda, minutes, informational items). Members of the public will limit their comments to three (3) minutes. The PZB will not take any action under the "Public Participation" section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule matters commented upon during public participation at a future PZB meeting. OLD BUSINESS NEW BUSINESS A. Board Matters: 1. Approval of Meeting Minutes — December 7, 2022 2. Approval of Meeting Minutes — July 26, 2023 3. Approval of Meeting Minutes — September 13, 2023 B. Comprehensive Plan Amendments (Legislative — Public Hearings): 1. Ocean Court — Rezoning and Future Land Use Map Amendment a. Ordinance No. 01-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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. b. Ordinance No. 02-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 PZB/LPA Agenda - November 15, 2023 Page 2 of 6 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. 2. Park Villas - Rezoning and Future Land Use Map Amendment a. Ordinance No. 03-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 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. b. Ordinance No. 04-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. 3. The Oaks Condominium - Rezoning and Future Land Use Map Amendment a. Ordinance No. 05-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as the Ocean Oaks Condominium Phases I, II, III and IV and located at 201 International Drive 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. b. Ordinance No. 06-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as the Ocean 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-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. 4. Parcels between Washington Ave. and Adams Ave. - Rezoning and Future Land Use Map Amendment PZB/LPA Agenda - November 15, 2023 Page 3 of 6 a. Ordinance No. 07-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 116, 120, 122 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. b. Ordinance No. 08-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 116, 120, 122 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. 5. Parcels between Adams Ave. and Jefferson Ave. - Rezoning and Future Land Use Map Amendment a. Ordinance No. 09-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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 PZB/LPA Agenda - November 15, 2023 Page 4 of 6 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. b. Ordinance No. 10-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. 6. Canaveral Breakers Apartments - Rezoning and Future Land Use Map Amendment a. Ordinance No. 11-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. b. Ordinance No. 12-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 PZB/LPA Agenda — November 15, 2023 Page 5 of 6 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. 7. 102 E. Central Boulevard — Rezoning and Future Land Use Map Amendment a. Ordinance No. 13-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. b. Ordinance No. 14-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. 8. 108, 112, 114, and 116 Madison Avenue — Rezoning and Future Land Use Map Amendment a. Ordinance No. 15-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. b. Ordinance No. 16-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. PZB/LPA Agenda — November 15, 2023 Page 6 of 6 REPORTS AND OPEN DISCUSSION ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the PZB with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. 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. DRAFT PLANNING & ZONING BOARD City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday December 7, 2022 6:05 p.m. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board (Board) took place on December 7, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:05 pm. The Board Secretary called the roll. ROLL CALL: Members Present: Lamar Russell Chairman John Price Vice Chairman Susan Denny Board Member Steven Stroud Board Member Eugene Thorpe Board Member Others Present: David Dickey Anthony Garganese Patti Roth OLD BUSINESS NEW BUSINESS A. Board Matters: Director, Community & Economic Development City Attorney Board Secretary 1. Approval of Meeting Minutes: October 12, 2022 — Motion to accept the minutes as written by Board Member Stroud and seconded by Board Member Denny. Vote on the motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 2. Consideration of a Supplemental Lot Split application for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Parcels #24-37- 14-51-9-21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes. City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 2 of 5 Mr. Dickey gave a staff report to the Board to include that the Applicant, Mike DiChristopher, owns two tax parcels which consist of a portion of Lot 21 of Block 9, Cape Canaveral Beach Gardens Unit No. 2. The tax parcels were created by deed by recordation with the Brevard County Property Appraiser. The City has no official record of it authorizing the subdivision of Lot 21 into two lots as required by the City's subdivision regulations. The Applicant seeks a lot split approval by the City to recognize the two tax parcels as two developable lots. The initial Lot Split Application was presented to the Board at its August 3, 2022 meeting, at which time the Board recommended approval based on staff recommendation, which recommendation was supported by the City's consulting engineer on the project, Mike Allen. Mr. Allen was present for the meeting. The initial Lot Split Application reviewed by the Board is currently being considered by the City Council. This Supplemental Lot Split Application was submitted by the Applicant after the October 18, 2022 City Council hearing and is now being presented to the Board for consideration and recommendation prior to the Council making a final decision on December 20, 2022. The proposed Southern lot would be considered a corner lot, and doesn't appear that its width of 76 feet complies with the 15% requirement under Section 98 because the adjacent lot on E. Central Blvd. as it exists today is 100 feet in width. In other words, the proposed corner lot would be required to be a minimum width of 115 feet in order to comply with Section 98. The Board at its August 3, 2022 meeting didn't have benefit of this information. Staff's recommendation on the initial Lot Split Application focused on Chapter 110 R-1 zoning requirements, minimum width, depth and minimum lot area. At the October 18, 2022 City Council meeting, due to the corner lot's inconsistency with minimum Code requirements, primarily the 15% requirement in Chapter 98, staff recommended three options that Council could consider. 1. Deny the application. 2. Deny the Applicant's request for a lot split but approve the removal of the western 25 ft. from the original Lot 21 and allow the development of one Single Family Residence. 3. Approve the application. As a condition of approval, a variance would be required because of the reduced size of the proposed southern lot and the 15% requirement. After a lengthy discussion, the Council approved Option 2 and asked the City Attorney to bring back a proposed order for the lot split and to recognize the property owned by the Applicant as one (1) developable lot. A final decision by the City Council on the Lot Split Application is still pending and Council will be considering the proposed recommended order again at its December 20, 2022 meeting. 2 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 3 of 5 Soon after the October 18, 2022 Council meeting, the Applicant submitted a Supplemental Lot Split Survey on November 1, 2022, requesting that it be added to the record and be considered part of his Lot Split Application. The Supplemental Lot Split Application includes a supplemental lot split survey depicting a revised lot configuration, which according to the Applicant, addresses the 15% requirement. The Supplement Lot Split Application proposes a different lot split configuration that was contained in the initial application and which is awaiting a final decision by Council. Staff feels the Supplemental Lot Split Application should be considered by the Board prior to it being presented to Council at its December 20, 2022, meeting. Mr. Dickey showed several slides and presented a general timeline to the Board. The first slide showed the original lot configuration in 1962. Pages 3 and 4 of the Agenda Packet showed the Chain of title and timeline related to the Applicant's property. Kevin Markey (on behalf of the Applicant) submitted a letter dated November 29, 2022, requesting a Supplemental Lot Split layout. Mr. Dickey read the letter to the Board. Mr. Markey's Supplement Plan does not meet the subdivision requirement related to the corner lot. It has to be 15 feet wider than the adjacent interior lot. The adjacent interior lot is a hundred feet in width. Mr. Dickey also read a letter from Mr. Allen stating that he had reviewed the Supplemental Lot Split Application, and it doesn't meet the minimum requirement for lot width for a corner lot in R-1 zoning. The Applicant was present and distributed a hand-out to the Board. He read it and felt it should help summarize and explain everything. The problem is that in 1984 a previous owner, without City approval or knowledge, reconfigured these lots. During the Applicant's presentation, a comment was made that Mr. Patrick Campbell's relative's lot is only 75 feet wide and is not 15% greater in lot width than the adjacent lots on both sides. Mr. Campbell was present at the meeting and responded that all of the property his family owns is conforming. Discussion ensued and the Applicant withdrew his application. A motion was made by Vice Chairman Price and seconded by Board Member Stroud to recognize the application has been withdrawn and no recommendation needed. Vote on the motion carried unanimously. 3 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 4 of 5 3. Ordinance No. _-2022; regarding buildings and building administrative regulations; providing for the adoption of chapter 82, article VII. Construction Site Management; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Mr. Dickey gave a short staff report, and provided testimony about Staff having to deal with situations related to construction sites that City Code doesn't address. The proposed Construction Site Management Ordinance specifically deals with sites that are under construction. A motion was made by Vice Chairman Price and seconded by Board Member Stroud to recommend approval of Ordinance No. XX-2022. Vote on the motion carried unanimously. ADJOURNMENT: The meeting adjourned at 8:00 PM. Approved on this day of , 2022 Lamar Russell, Chairman Patti Roth, Board Secretary 4 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 5 of 5 5 DRAFT CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 July 26, 2023 6:00 P.M. MINUTES CALL TO ORDER: A meeting of the Planning and Zoning Board took place on July 26, 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 Steven Stroud Nancy Gentilquore Dr. Michael Miller Eugene Thorpe OTHERS PRESENT: David Dickey Kyle Harris Anthony Garganese Renee Yother BCSO Chairperson Vice Chairperson Board Member Board Member Board Member Board Member Board Member Director, Community & Economic Development Senior Planner City Attorney Board Secretary PUBLIC PARTICIPATION: None OLD BUSINESS: None NEW BUSINESS: A. Board Matters: B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 1. Consideration of a Modified Lot Split Application with three associated Variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher (Applicant). City of Cape Canaveral, FL Planning and Zoning Board Minutes — July 26, 2023 Page 2 of 4 Mr. Dickey provided the Board a detailed summary of the Applicant's request with a slide presentation, including of an aerial view of the Modified Lot Split Plan. Mr. Dickey reviewed criteria that must be considered when reviewing a variance request and how they relate to the subject request. The Board discussed these criteria with respect to the requested variances. Discussion included other properties in the area and how the requested variances would impact them. The Board discussed the timeline of the creation of the subject parcels. The Board discussed the dimensions, size, and configuration of the subject parcels. Mr. Dickey reminded the Board that on April 18, 2023, Council approved a Mediated Settlement Agreement (Agreement). The Agreement did not formally approve the proposed lot split and corresponding variances. In compliance with the Settlement Agreement, on May 16, 2023, the Applicant submitted a Modified Lot Split Plan application and three variance requests under Sec. 98. Staff presented the Board with two handouts. One handout showed addresses and acreage for single family homes within the vicinity of the subject tax parcels. The second handout was an aerial view showing the orientation of surrounding lots and structures. Mr. Garganese reminded the Board the Agreement approved by City Council allows the Applicant to modify his application and present the Modified Lot Split Plan and three variances to City Council for consideration. The Board's role is to review the Modified Lot Split Plan and the three variances application requests and provide a recommendation to the City Council. Kim Rezanka, with the law firm Lacy/Lyons/Rezanka, was present on behalf of the Applicant. Ms. Rezanka provided an enlarged map view of Lot 21, and lots on East Central Boulevard, Canaveral Beach Boulevard, Surf Drive and Ridgewood Avenue. She explained the handout is to depict the lots in this area that were subdivided without City approval. She gave some history of the subject parcels informing the Board that a year ago, Mr. Allen, of Allen Engineering, concluded the parcels were consistent with the Code. The corner lot has been enlarged from what was originally proposed so the variance request would be less than as depicted in the original lot split request. Ms. Rezanka read Chapter 110-1 of the Code regarding width dimensions of a lot. She stated that if the DiChristopher's are not able to build a home on each lot, they are being treated differently since other lots that were split illegally have houses on them. She requested that the Board approve the modified lot split and the three variances. No questions from the Board. However, Chairman Russell and Vice Chairman Price thanked Staff for the preparation. Discussion ensued regarding the size of the two lots, their configuration and use. Kay Jackson of 8600 Ridgewood Avenue thanked Mr. Dickey for the work he put into the Agenda Packet. Ms. Jackson expressed concerns about possible legal precedence with the several lots west of the DiChristopher's lots not having road access. She is concerned about Dr. Pindziak selling those lots without road access, and the city having to spend tax dollars on a repeat scenario. As a real estate investor for over thirty years, she feels this should not be dealt with at a city level, but should be taken back to the realtor who sold the lots. She is not in favor of the lot split. City of Cape Canaveral, FL Planning and Zoning Board Minutes — July 26, 2023 Page 3 of 4 Patrick Campbell of 307 Surf Drive stated he expects City ordinances to be followed to protect the community. He gave testimony that Mr. DiChristopher is a seasoned real estate broker and builder. He asked the Board for clarification of which lot is being split. He is not in favor of the lot split and suggested the approved Development Order be honored. Discussion continued regarding variances, lot width, and Ms. Rezanka explaining how Lot 21 was split. Ms. Rezanka further informed the Board that Mr. DiChristopher has filed thirty-one Code complaints, which are pending, regarding improperly split lots in the general area. She asked for the Board to approve the variances and lot split. Mr. Campbell referred to a case regarding a developer wanting to build two houses on one lot. Mr. Garganese informed the Board the case Mr. Campbell referenced falls under a Chapter 110 (Zoning Code) Variance. Mr. Garganese indicated that the subject request is being processed under, and authorized in Chapter 98 - Subdivision Regulations. Chairman Russell asked for a motion for the variance request 2.c. A variance to the provision that the creation of double or reverse frontage lots should be avoided (as it relates to the corner lot). Motion to approve the variance request made by Board Member Stroud, seconded by Board Member Gentilquore. Vote carried 5-2 to approve the motion with Chairman Russell and Board Member Gentilquore voting against. Chairman Russell asked for a motion for variance request 2.b . A variance of 13 feet to the required width of 75 feet for the proposed northern lot. This will result in an approved width for the northern lot of 62 feet. Motion to deny the variance request made by Board Member Denny, seconded by Board Member Miller. Vote carried 5-2 to approve the motion with Vice Chairman Price and Board Member Stroud voting against. Chairman Russell asked for a motion for variance request 2.a. A variance of 25 feet to the required width of 115 feet of the proposed corner lot. This will result in an approved width of the corner lot of 90 feet. Motion to approve the variance request made by Board Member Stroud, seconded by Vice Chairman Price. Motion failed. Vote carried 4-3 with Chairman Russell, Board Member Denny, Board Member Gentilquore and Board Member Miller voting against. Chairman Russell asked for a motion to deny the variance request, 2.a. Board Member Gentilquore motioned to deny the variance request, seconded by Board Member Miller. Vote carried 5-2 to approve the motion with Board Member Stroud and Board Member Thorpe voting against. Chairman Russell asked for a motion on the the Modified Lot Split Plan. Board Member Miller motioned to deny the Modified Lot Split Plan, seconded by Board Member Gentilquore. Vote carried 4-3 to approve the motion to deny with Vice Chairman Price, Board Member Stroud and Board Member Thorpe voting against. City of Cape Canaveral, FL Planning and Zoning Board Minutes — July 26, 2023 Page 4 of 4 REPORTS AND OPEN DISCUSSION ADJOURNMENT: The meeting adjourned at 8:26 p.m. Approved on this day of , 2023 Lamar Russell, Chairman Renee Yother, Board Secretary 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 - DRAFT 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. PZB/LPA Board Minutes — September 13, 2023 - DRAFT Page 2 of 4 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, 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. PZB/LPA Board Minutes — September 13, 2023 - DRAFT Page 2 of 4 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 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 it has 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. PZB/LPA Board Minutes — September 13, 2023 - DRAFT Page 2 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 to 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 day of , 2023 Lamar Russell, Chairman Renee Yother, Board Secretary PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 01-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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.; and Ordinance No. 02-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Specifically, these ordinances apply to the property generally known as Ocean Court. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 2 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 several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 01-2024 Title and Exhibit "A" 2. Ordinance No. 02-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 01-2024 and Ordinance No. 02-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 01-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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. Exhibit "A" Ordinance No. 01-2024 ,10 Illlllllllll �iiiii�� °� 24-37-14-72-*-1 24-37-14-72-*-2 24-37-14-72-*-3 24-37-14-72-*-4 24-37-14-72-*-5 24-37-14-72-*-6 24-37-14-72-*-7 24-37-14-72-*-8 Exhibit "A" LEGAL DESCRIPTION AND MAP Ocean Court 8671 MAPLE CT CAPE CANAVERAL FL 32920 8668 MAPLE CT CAPE CANAVERAL FL 32920 8667 MAPLE CT CAPE CANAVERAL FL 32920 8665 MAPLE CT CAPE CANAVERAL FL 32920 8663 MAPLE CT CAPE CANAVERAL FL 32920 8661 MAPLE CT CAPE CANAVERAL FL 32920 8659 MAPLE CT CAPE CANAVERAL FL 32920 8657 MAPLE CT CAPE CANAVERAL FL 32920 Ordinance No. 02-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Exhibit "A" Ordinance No. 02-2024 ,10 Illlllllllll �iiiii�� °� 24-37-14-72-*-1 24-37-14-72-*-2 24-37-14-72-*-3 24-37-14-72-*-4 24-37-14-72-*-5 24-37-14-72-*-6 24-37-14-72-*-7 24-37-14-72-*-8 Exhibit "A" LEGAL DESCRIPTION AND MAP Ocean Court 8671 MAPLE CT CAPE CANAVERAL FL 32920 8668 MAPLE CT CAPE CANAVERAL FL 32920 8667 MAPLE CT CAPE CANAVERAL FL 32920 8665 MAPLE CT CAPE CANAVERAL FL 32920 8663 MAPLE CT CAPE CANAVERAL FL 32920 8661 MAPLE CT CAPE CANAVERAL FL 32920 8659 MAPLE CT CAPE CANAVERAL FL 32920 8657 MAPLE CT CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 03-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 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. and Ordinance No. 04-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Specifically, these ordinances apply to the property generally known as Park Villas. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via City of Cape Canaveral P&Z Board Regular Meeting • _ _, 2023 Agenda Item # Page 2 of 2 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 several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 03-2024 Title and Exhibit "A" 2. Ordinance No. 04-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 03-2024 and Ordinance No. 04-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 03-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 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. Exhibit "A" Ordinance No. 03-2024 130 GBP . ,p00011111111111111Mr/ Legend Park Villas Canaoof 'BoJdevard, 11,0Arog Catrovera,i Bod; as la cljitort Avenue Adarlt5 oksterull,oe 24-37-14-QG-*-15.01 24-37-14-QG-*-15 24-37-14-PK-*-14 24-37-14-PK-*-13 24-37-14-PK-*-12 24-37-14-PK-*-11 24-37-14-PK-*-10 24-37-14-PK-*-9 24-37-14-PK-*-8 24-37-14-PK-*-7 24-37-14-PK-*-6 24-37-14-PK-*-5 24-37-14-PK-*-4 24-37-14-PK-*-3 24-37-14-PK-*-2 24-37-14-PK-*-1 Exhibit "A" LEGAL DESCRIPTION AND MAP Park Villas 104 WASHINGTON AVE CAPE CANAVERAL FL 32920 106 WASHINGTON AVE CAPE CANAVERAL FL 32920 108 WASHINGTON AVE CAPE CANAVERAL FL 32920 110 WASHINGTON AVE CAPE CANAVERAL FL 32920 112 WASHINGTON AVE CAPE CANAVERAL FL 32920 114 WASHINGTON AVE CAPE CANAVERAL FL 32920 116 WASHINGTON AVE CAPE CANAVERAL FL 32920 118 WASHINGTON AVE CAPE CANAVERAL FL 32920 120 WASHINGTON AVE CAPE CANAVERAL FL 32920 122 WASHINGTON AVE CAPE CANAVERAL FL 32920 124 WASHINGTON AVE CAPE CANAVERAL FL 32920 126 WASHINGTON AVE CAPE CANAVERAL FL 32920 128 WASHINGTON AVE CAPE CANAVERAL FL 32920 130 WASHINGTON AVE CAPE CANAVERAL FL 32920 132 WASHINGTON AVE CAPE CANAVERAL FL 32920 134 WASHINGTON AVE CAPE CANAVERAL FL 32920 Ordinance No. 04-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. Exhibit "A" Ordinance No. 04-2024 130 GBP . ,p00011111111111111Mr/ Legend Park Villas Canaoof 'BoJdevard, 11,0Arog CatrovprthBod; 416 la ljitort, Avenue Adarlt5 oksterull,oe 24-37-14-QG-*-15.01 24-37-14-QG-*-15 24-37-14-PK-*-14 24-37-14-PK-*-13 24-37-14-PK-*-12 24-37-14-PK-*-11 24-37-14-PK-*-10 24-37-14-PK-*-9 24-37-14-PK-*-8 24-37-14-PK-*-7 24-37-14-PK-*-6 24-37-14-PK-*-5 24-37-14-PK-*-4 24-37-14-PK-*-3 24-37-14-PK-*-2 24-37-14-PK-*-1 Exhibit "A" LEGAL DESCRIPTION AND MAP Park Villas 104 WASHINGTON AVE CAPE CANAVERAL FL 32920 106 WASHINGTON AVE CAPE CANAVERAL FL 32920 108 WASHINGTON AVE CAPE CANAVERAL FL 32920 110 WASHINGTON AVE CAPE CANAVERAL FL 32920 112 WASHINGTON AVE CAPE CANAVERAL FL 32920 114 WASHINGTON AVE CAPE CANAVERAL FL 32920 116 WASHINGTON AVE CAPE CANAVERAL FL 32920 118 WASHINGTON AVE CAPE CANAVERAL FL 32920 120 WASHINGTON AVE CAPE CANAVERAL FL 32920 122 WASHINGTON AVE CAPE CANAVERAL FL 32920 124 WASHINGTON AVE CAPE CANAVERAL FL 32920 126 WASHINGTON AVE CAPE CANAVERAL FL 32920 128 WASHINGTON AVE CAPE CANAVERAL FL 32920 130 WASHINGTON AVE CAPE CANAVERAL FL 32920 132 WASHINGTON AVE CAPE CANAVERAL FL 32920 134 WASHINGTON AVE CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 05-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as the Ocean Oaks Condominium Phases I, II, III and IV and located at 201 International Drive 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. and Ordinance No. 06-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as the Ocean 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-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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases II (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Specifically, these ordinances apply to the property generally known as The Oaks Condominiums. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 2 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". As a result, there are several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 05-2024 Title and Exhibit "A" 2. Ordinance No. 06-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 05-2024 and Ordinance No. 06-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 05-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as the Ocean Oaks Condominium Phases I, II, III and IV and located at 201 International Drive 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. Exhibit "A" Ordinance No. 05-2024 kitero, o en a N b yr*** 111111'(11111** !! Av9e,Hilie r""" IPDolekr Dritdf, 11',41i4Ort ,ret South (***Velf Orin 10.111at Drive 24-37-23-00-295.2-.XA 24-37-23-00-294-.XA 24-37-23-00-303-.XA 24-37-23-00-304.2-.XA Exhibit "A" LEGAL DESCRIPTION AND MAP The Oaks Condominium 201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL 32920 Ordinance No. 06-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as the Ocean 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-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. Exhibit "A" Ordinance No. 06-2024 kitero, o en a N b yr*** 111111'(11111** !! Av9e,Hilie r""" IPDolekr Dritdf, 11',41i4Ort ,ret South (***Velf Orin 10.111at Drive 24-37-23-00-295.2-.XA 24-37-23-00-294-.XA 24-37-23-00-303-.XA 24-37-23-00-304.2-.XA Exhibit "A" LEGAL DESCRIPTION AND MAP The Oaks Condominium 201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL 32920 201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 07-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 116, 120, 122 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. and Ordinance No. 08-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 116, 120, 122 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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property.s City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 3 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 several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 07-2024 Title and Exhibit "A" 2. Ordinance No. 08-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 07-2024 and Ordinance No. 08-2024 to the City Council. City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 3 of 3 Approved by Director: David Dickey Date: Ordinance No. 07-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of 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 116, 120, 122 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. Exhibit "A" Ordinance No. 07-2024 Legend Subject Parcels 4.443,(rprj«i.) ., . )1Ntgii $ rtrig, titim .Avie'ryou0 „.. leif«ect,6410 24-37-23-47-*-1 24-37-23-47-*-2 24-37-23-47-*-3 24-37-23-47-*-4 24-37-23-CG-1-4 24-37-23-CG-1-5 24-37-23-CG-1-13 24-37-23-03-*-14A 24-37-23-03-*-14B 24-37-23-03-*-14C 24-37-23-03-*-14D 24-37-23-CG-1-16 Exhibit "A" LEGAL DESCRIPTION AND MAP Washington Ave. and Adams Ave. 103 WASHINGTON AVE CAPE CANAVERAL FL 32920 105 WASHINGTON AVE CAPE CANAVERAL FL 32920 107 WASHINGTON AVE CAPE CANAVERAL FL 32920 109 WASHINGTON AVE CAPE CANAVERAL FL 32920 None (Vacant) None (Vacant) 116 ADAMS AVE CAPE CANAVERAL FL 32920 120 ADAMS AVE CAPE CANAVERAL FL 32920 122 ADAMS AVE CAPE CANAVERAL FL 32920 124 ADAMS AVE CAPE CANAVERAL FL 32920 126 ADAMS AVE CAPE CANAVERAL FL 32920 128 ADAMS AVE UNITS A AND B CAPE CANAVERAL FL 32920 Ordinance No. 08-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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 116, 120, 122 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. Exhibit "A" Ordinance No. 08-2024 Legend Subject Parcels 4.443,(rprj«i.) ., . )1Ntgii $ rtrig, titim .Avie'ryou0 „.. leif«ect,6410 24-37-23-47-*-1 24-37-23-47-*-2 24-37-23-47-*-3 24-37-23-47-*-4 24-37-23-CG-1-4 24-37-23-CG-1-5 24-37-23-CG-1-13 24-37-23-03-*-14A 24-37-23-03-*-14B 24-37-23-03-*-14C 24-37-23-03-*-14D 24-37-23-CG-1-16 Exhibit "A" LEGAL DESCRIPTION AND MAP Washington Ave. and Adams Ave. 103 WASHINGTON AVE CAPE CANAVERAL FL 32920 105 WASHINGTON AVE CAPE CANAVERAL FL 32920 107 WASHINGTON AVE CAPE CANAVERAL FL 32920 109 WASHINGTON AVE CAPE CANAVERAL FL 32920 None (Vacant) None (Vacant) 116 ADAMS AVE CAPE CANAVERAL FL 32920 120 ADAMS AVE CAPE CANAVERAL FL 32920 122 ADAMS AVE CAPE CANAVERAL FL 32920 124 ADAMS AVE CAPE CANAVERAL FL 32920 126 ADAMS AVE CAPE CANAVERAL FL 32920 128 ADAMS AVE UNITS A AND B CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 09-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. and Ordinance No. 10-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. Department: Community and Economic Development City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 3 Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". As a result, there are several built -out residential subdivisions that are zoned commercial. 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 City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 3 of 3 special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. Attachment(s): 1. Ordinance No. 09-2024 Title and Exhibit "A" 2. Ordinance No. 10-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 09-2024 and Ordinance No. 10-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 09-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. Exhibit "A" Ordinance No. 09-2024 ne Humum Legend Subject Parcels u ire, ,. Awe trIA,,i 24-37-23-36-*-1 24-37-23-36-*-2 24-37-23-35-*-1 24-37-23-35-*-2 24-37-23-15-*-1 24-37-23-15-*-2 24-37-23-15-*-3 24-37-23-15-*-4 24-37-23-18-*-9 24-37-23-18-*-10 24-37-23-18-*-11 24-37-23-58-*-1 24-37-23-58-*-2 24-37-23-37-*-1 24-37-23-37-*-2 24-37-23-17-*-5 24-37-23-17-*-6 24-37-23-17-*-7 24-37-23-17-*-8 24-37-23-21-*-12 24-37-23-21-*-13 24-37-23-21-*-14 Exhibit "A" LEGAL DESCRIPTION AND MAP Adams Ave. and Jefferson Ave. 107 ADAMS AVE CAPE CANAVERAL FL 32920 109 ADAMS AVE CAPE CANAVERAL FL 32920 111 ADAMS AVE CAPE CANAVERAL FL 32920 113 ADAMS AVE CAPE CANAVERAL FL 32920 115 ADAMS AVE CAPE CANAVERAL FL 32920 117 ADAMS AVE CAPE CANAVERAL FL 32920 119 ADAMS AVE CAPE CANAVERAL FL 32920 121 ADAMS AVE CAPE CANAVERAL FL 32920 123 ADAMS AVE CAPE CANAVERAL FL 32920 125 ADAMS AVE CAPE CANAVERAL FL 32920 127 ADAMS AVE CAPE CANAVERAL FL 32920 108 JEFFERSON AVE CAPE CANAVERAL FL 32920 110 JEFFERSON AVE CAPE CANAVERAL FL 32920 112 JEFFERSON AVE CAPE CANAVERAL FL 32920 114 JEFFERSON AVE CAPE CANAVERAL FL 32920 116 JEFFERSON AVE CAPE CANAVERAL FL 32920 118 JEFFERSON AV CAPE CANAVERAL FL 32920 120 JEFFERSON AVE CAPE CANAVERAL FL 32920 122 JEFFERSON AVE CAPE CANAVERAL FL 32920 124 JEFFERSON AVE CAPE CANAVERAL FL 32920 126 JEFFERSON AVE CAPE CANAVERAL FL 32920 128 JEFFERSON AVE CAPE CANAVERAL FL 32920 Ordinance No. 10-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date. Exhibit "A" Ordinance No. 10-2024 ne Humum Legend Subject Parcels u ire, ,. Awe trIA,,i 24-37-23-36-*-1 24-37-23-36-*-2 24-37-23-35-*-1 24-37-23-35-*-2 24-37-23-15-*-1 24-37-23-15-*-2 24-37-23-15-*-3 24-37-23-15-*-4 24-37-23-18-*-9 24-37-23-18-*-10 24-37-23-18-*-11 24-37-23-58-*-1 24-37-23-58-*-2 24-37-23-37-*-1 24-37-23-37-*-2 24-37-23-17-*-5 24-37-23-17-*-6 24-37-23-17-*-7 24-37-23-17-*-8 24-37-23-21-*-12 24-37-23-21-*-13 24-37-23-21-*-14 Exhibit "A" LEGAL DESCRIPTION AND MAP Adams Ave. and Jefferson Ave. 107 ADAMS AVE CAPE CANAVERAL FL 32920 109 ADAMS AVE CAPE CANAVERAL FL 32920 111 ADAMS AVE CAPE CANAVERAL FL 32920 113 ADAMS AVE CAPE CANAVERAL FL 32920 115 ADAMS AVE CAPE CANAVERAL FL 32920 117 ADAMS AVE CAPE CANAVERAL FL 32920 119 ADAMS AVE CAPE CANAVERAL FL 32920 121 ADAMS AVE CAPE CANAVERAL FL 32920 123 ADAMS AVE CAPE CANAVERAL FL 32920 125 ADAMS AVE CAPE CANAVERAL FL 32920 127 ADAMS AVE CAPE CANAVERAL FL 32920 108 JEFFERSON AVE CAPE CANAVERAL FL 32920 110 JEFFERSON AVE CAPE CANAVERAL FL 32920 112 JEFFERSON AVE CAPE CANAVERAL FL 32920 114 JEFFERSON AVE CAPE CANAVERAL FL 32920 116 JEFFERSON AVE CAPE CANAVERAL FL 32920 118 JEFFERSON AV CAPE CANAVERAL FL 32920 120 JEFFERSON AVE CAPE CANAVERAL FL 32920 122 JEFFERSON AVE CAPE CANAVERAL FL 32920 124 JEFFERSON AVE CAPE CANAVERAL FL 32920 126 JEFFERSON AVE CAPE CANAVERAL FL 32920 128 JEFFERSON AVE CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 11-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. and Ordinance No. 12-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 2 commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". As a result, there are several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 11-2024 Title and Exhibit "A" 2. Ordinance No. 12-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 11-2024 and Ordinance No. 12-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 11-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. Exhibit "A" Ordinance No. 11-2024 a w lummut l§ Mr uilJummun f ION „.„,1 iii1,1,.i6,001410.1111111„.„, ) Q {ems§;§; Y ff n Exhibit "A" LEGAL DESCRIPTION AND MAP Canaveral Breakers 24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920 Ordinance No. 12-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Exhibit "A" Ordinance No. 12-2024 a w lummut l§ Mr uilJummun f ION „.„,1 iii1,1,.i6,001410.1111111„.„, ) Q {ems§;§; Y ff n Exhibit "A" LEGAL DESCRIPTION AND MAP Canaveral Breakers 24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 13-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. and Ordinance No. 14-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 2 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 several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 13-2024 Title and Exhibit "A" 2. Ordinance No. 14-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 13-2024 and Ordinance No. 14-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 13-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. Exhibit "A" Ordinance No. 13-2024 Exhibit "A" LEGAL DESCRIPTION AND MAP 102 E. Central Blvd. 24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920 Ordinance No. 14-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Exhibit "A" Ordinance No. 14-2024 Exhibit "A" LEGAL DESCRIPTION AND MAP 102 E. Central Blvd. 24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920 PLANNING AND ZONING (P&Z) BOARD NOVEMBER 15, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. 15-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. and Ordinance No. 16-2024; An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phases 11 (February 2022) and III (August 2022) included a number of residentially developed properties that are currently zoned commercial - Phase IV will continue this trend. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has taken place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort City of Cape Canaveral P&Z Board Regular Meeting • November 15, 2023 Agenda Item # Page 2 of 2 via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". As a result, there are several built -out residential subdivisions 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 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. Attachment(s): 1. Ordinance No. 15-2024 Title and Exhibit "A" 2. Ordinance No. 16-2024 Title and Exhibit "A" Community and Economic Development Staff recommend the Board take the following action(s): Recommend approval of Ordinance No. 15-2024 and Ordinance No. 16-2024 to the City Council. Approved by Director: David Dickey Date: Ordinance No. 15-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation 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. Exhibit "A" Ordinance No. 15-2024 Legend Subject Parcels eitterttpin p °ro 11111111111111 24-37-23-CG-13-11 24-37-23-CG-13-13 Exhibit "A" LEGAL DESCRIPTION AND MAP Madison Ave. 108 & 112 MADISON AVE CAPE CANAVERAL FL 32920 114 & 116 MADISON AVE CAPE CANAVERAL FL 32920 Ordinance No. 16-2024 An Ordinance of the City Council of the City of Cape Canaveral, Florida; 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. Exhibit "A" Ordinance No. 16-2024 Legend Subject Parcels eitterttpin p °ro 11111111111111 24-37-23-CG-13-11 24-37-23-CG-13-13 Exhibit "A" LEGAL DESCRIPTION AND MAP Madison Ave. 108 & 112 MADISON AVE CAPE CANAVERAL FL 32920 114 & 116 MADISON AVE CAPE CANAVERAL FL 32920