Loading...
HomeMy WebLinkAboutOrdinance No. 10-2017 ORDINANCE NO. 10-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO BRING IT INTO CONFORMANCE WITH F.S. CHAPTER 2015-69, TO INCLUDE DEVELOPMENT AND REDEVELOPMENT PRINCIPLES, STRATEGIES AND ENGINEERING SOLUTIONS THAT REDUCE THE FLOOD RISK IN COASTAL AREAS; ADOPTED BY THE CITY COUNCIL CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS,section 163.3161 et. seq.,Florida Statutes(2011)established the Community Planning Act,which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, Florida has more than 1,200 miles of coastline, almost 4,500 square miles of estuaries and bays and more than 6,700 square miles of other coastal water. The majority of the State's residents live within 60 miles of coast. Florida is the single most vulnerable of the 50 states to higher tides associated with sea level rise ; and WHEREAS, Effective July 1, 2015, the Florida Legislature passed a new law (chapter 2015-69, Laws of Florida, codified at S. 163.3178, F.S.) that amends the requirements of the City's Comprehensive Plan, Coastal Management Element(Element); and WHEREAS, Under the new law, the Element must now contain six (6) specific new requirements. Notably, that the Element must now include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff and related impacts of sea level rise; and City of Cape Canaveral Ordinance No. 10-2017 Page 1 of 4 WHEREAS, the City Council also finds that it is an important government interest to protect the interests of public and private property owners within the City limits; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing on June 28, 2017 in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject comprehensive plan text amendment to the Florida Department of Economic Opportunity for its review and comment; and WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments amending the text of the Coastal Management Element of the City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan, Coastal Management Element, attached hereto as "Attachment 1" (underlined type in Attachment 1 indicates text being added to the Comprehensive Plan, and strikeout type indicates text being deleted from the Comprehensive Plan). Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 10-2017 Page 2 of 4 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. [Signature Page Follows] City of Cape Canaveral Ordinance No. 10-2017 Page 3 of 4 All , Bob Hoog, Mayor ATTEST: For Against -421 wjetP/14-'16— Mike Brown x Mia Goforth, CM City Clerk Robert Hoog x Brendan McMillin x Rocky Randels Motion Betty Walsh Second Approv r .s t s legal form and sufficiency for the 'rty o : . .e Canaveral only by: f Anthony A. Garganese, City Attorney 1St Advertisement: June 16, 2017 1St Reading July 18, 2017 2nd Advertisement: October 5, 2017 i 2nd Reading: October 17, 2017 i 1 i i City of Cape Canaveral Ordinance No. 10-2017 Page 4 of 4 Ordinance No. 10-2017 Attachment 1 City of Cape Canaveral Comprehensive Plan COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES limilliiii ills Ordinance No. 10-2017 Attachment l GOAL CM-1 Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. OBJECTIVE CM-1.1 The City shall protect, conserve, or enhance the two remaining coastal wetlands, living marine resources,coastal barriers,and wildlife habitat. The measurement of this objective is the extent to which these resources are protected,conserved or enhanced and the degree to which the following Policies are implemented. POLICY CM-1.1.1 The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone,including,as appropriate,wetlands,water quality, water quantity,wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas,beach preservation and tree protection. POLICY CM-1.1.2 The City shall provide for development which is consistent with resource tolerance, carrying capacity and the ability of the City to efficiently provide and maintain necessary services as set out in other Elements. POLICY CM-1.1.3 The City shall continue to work with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment, including but not limited to,its amenities and aesthetic values. POLICY CM-1.1.4 The City shall work with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and non-living coastal zone resources. POLICY CM-1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 1 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.1.6 In cooperation with state and federal regulatory agencies and private developers,the City shall monitor development in those areas with overriding environmental limitations to development. POLICY CM-1.1.7 The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone,including the following noxious species: Causarina cunninghamians (Beefwood) Causarina glauca (Scaley-bark Beefwood) Causarina equisetifolia (Australian Pine) Dioscorea bulbifera (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) Rincinus communis (Castor Bean) Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) OBJECTIVE CM-1.2 The City shall take action in an effort to maintain or improve estuarine environmental quality. The measurement of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. POLICY CM-1.2.1 The City shall work toward limiting the specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and living marine resources,and beach and dune systems. POLICY CM-1.2.2 The City shall enforce its ordinances which minimize man-induced sedimentation, excessive freshwater runoff,and other non-point pollution sources. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 2 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.2.3 The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. OBJECTIVE CM-1.3 The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water-dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and/or standards. POLICY CM-1.3.1 The City shall establish priorities for shoreline uses, providing for siting of water- dependent and water-related uses; establish performance standards for shoreline development; and establish criteria for marina siting which address: land use compatibility, availability of upland support services, existing protective status or ownership, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability for public use, and economic need and feasibility. POLICY CM-1.3.2 The City shall review, update (if necessary) and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks;and land use;and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports--all with the underlying rationale of reducing the exposure of human life and property to natural hazards. POLICY CM-1.3.3 The City shall adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. OBJECTIVE CM-1.4 The City shall develop measures for protection of beaches and dunes, establish construction standards which minimize the impacts of man-made structures on beach and dune systems, and work toward restoration of altered beaches and dunes. The measurement of this Objective is the development of such measures and the extent to which beaches and dunes are protected and/or restored and the development of standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. POLICY CM-1.4.1 The City shall closely monitor beachfront development to insure to the greatest extent possible that the dune system is preserved as a natural buffer to storm surge. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 3 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.4.2 In areas where beaches and dunes are being eroded,the City shall encourage and support a multi-jurisdictional approach to stabilization and restoration projects, preferably utilizing native vegetation as the stabilizing medium. POLICY CM-1.4.3 The City shall continue to enforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. POLICY CM-1.4.4 No new construction shall be allowed that threatens the stability of either the dune systems or the beach itself. Land development projects in beach areas east of S.R.- A1A should provide for dune stabilization and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. POLICY CM-1.4.5: The City shall continue to prohibit motorized vehicles from operating on the dune system except in emergency situations. POLICY CM-1.4.6 The City should continue to work with the Canaveral Port Authority to actively mitigate impacts of Port operations on the City's beaches. OBJECTIVE CM-1.5 The City shall limit public expenditures that subsidize development permitted in coastal high-hazard areas, except for restoration or enhancement of natural resources. The measurement of this Objective is the extent to which public expenditures are limited in coastal high-hazard areas except in the case of restoration or enhancement of natural resources and the degree to which the following Policy is implemented. POLICY CM-1.5.1 The City shall incorporate a provision to implement the above Objective in its Land Development Regulations. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 4 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.6 The City shall direct population concentrations away from known or predicted coastal high-hazard areas. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high-hazard area and the degree to which the following Policy is implemented. POLICY CM-1.6.1 Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high-hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area(CHHA)is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE CM-1.7 The City shall work toward reducing its local hurricane evacuation times based upon the Brevard County's Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. POLICY CM-1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. POLICY CM-1.7.2 The City shall maintain and update,as required,its list of persons requiring help during evacuation. POLICY CM-1.7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. POLICY CM-1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. OBJECTIVE CM-1.8 The City shall prepare a post-disaster redevelopment plan which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post-disaster redevelopment plan plus the degree to which the following Policies are implemented. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 5 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.8.1 The City shall establish a mechanism for obtaining input on this matter from affected property-owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the preparation of the post-disaster redevelopment plan. POLICY CM-1.8.2 The City shall use the following as the guiding principle for its post-disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. POLICY CM-1.8.3 The City's post-disaster redevelopment plan shall include policies to: distinguish between short-term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures;limit redevelopment in areas of repeated damage;and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. OBJECTIVE CM-1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River plus the degree to which the following Policies are implemented. POLICY CM-1.9.1 The City shall evaluate the number, type, and location of existing shoreline access points to determine if more are needed and how they will be financed. POLICY CM-1.9.2 The City shall continue to encourage public access at the time of development of the areas along the beach. POLICY CM-1.9.3 The City shall enforce public access to beaches renourished at public expense. POLICY CM-1.9.4 The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. POLICY CM-1.9.5 The City shall provide transportation or parking facilities for beach and river shoreline access,to the extent feasible. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 6 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.10 The City shall provide for protection,preservation,or sensitive reuse of historic resources, as these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected,preserved or reused in a sensitive manner and the degree to which the following Policies are implemented. POLICY CM-1.10.1 The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. POLICY CM-1.10.2 As historic resources are identified,the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. POLICY CM-1.10.3 The City shall maintain a list of historic resource sites to be used to cross-check against proposed development. OBJECTIVE CM-1.11 The City shall establish level of service standards, areas of service and phasing of infrastructure in the coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. POLICY CM-1.11.1 The City shall require developers to finance and install water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. POLICY CM-1.11.2 The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. POLICY CM-1.11.3 Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 7 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.12 The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. POLICY CM-1.12.1 The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St.Johns River Water Management District. POLICY CM-1.12.2 The City will ensure that any stormwater management,aquifer recharge,and water reuse policies and projects are consistent with the Goals of the SJRWMD's Indian River Lagoon Basin program, including its Comprehensive Conservation Management Plan, to restore and protect the Indian River Lagoon through the enhancement of water quality and natural systems in the basin. POLICY CM-1.12.3 The City will ensure that any new regulation to protect water resources is consistent with SJRWMD's environmental resource permitting and consumptive permitting use permitting rules. POLICY CM-1.12.4 The City will promote and encourage the use of low impact development techniques(such as the Florida Water Stars"' program, which is a point based, new home certification program for water-efficient developments, similar to the Federal Energy Star program). OBJECTIVE CM-1.13 The City shall eliminate unsafe and inappropriate development and mitigate the flood risk to existing and planned development in areas of high risk of flooding due to storm surge,high tide events,flash flood,stormwater runoff and sea level rise. POLICY CM-1.13.1 The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise incorporate building design specifications, engineering solutions, site development techniques and management practices that reduce risk and losses due to flooding. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 8 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.13.2 The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise meets or exceed the flood-resistant construction requirements of the Florida Building Code. POLICYCM-1.13.3 The City shall require that construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053, F.S., be consistent with Chapter 161,F.S. POLICY CM-1.13.4 The City shall continue to participate in and comply with National Flood Insurance Program(NFIP)regulations. POLICY CM-1.13.5 The City shall continue to participate in the Community Rating System (CRS) Program, which involves managing and documenting activities that the City performs to gain points under FEMA's CRS Program. OBJECTIVE CM-1.14 The City shall adopt and implement strategies which increase community resiliency and protect property, infrastructure and cultural and natural resources from the impacts of climate change, including sea level rise, changes in rainfall patterns and extreme weather events. POLICY CM-1.14.1 The City shall collaborate with Brevard County to increase regional resilience by sharing technical expertise, participating in annual summits, assessing local vulnerabilities, advancing agreed-upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. POLICY CM-1.14.2 The City shall collaborate with the East Central Florida Reginal Planning Council and other appropriate governmental agencies in the preparation of a Vulnerability Analysis to determine the feasibility of establishing Adaptation Action Areas as provided by Section 163.3177(6)(g)(10), Florida Statutes, to identify areas vulnerable to coastal storm surge and sea level rise impacts. POLICY CM-1.14-3 The City shall coordinate with Brevard County, other local governments, federal, state and regional agencies and private property owners to develop initiatives and goals to City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 9 Ordinance No. 10-2017 Attachment I address sea level rise, to include participation in the East Central Florida Regional Planning Council's preparation of a Regional Resiliency Plan. POLICY CM-1.14.4 The City shall promote the use of mitigation strategies to increase energy efficiency and conservation and to reduce greenhouse gas emissions. The mitigation strategies may include, but are not limited to, the adoption of Comprehensive Plan policies or land development regulations pertaining to land use and transportation strategies such as encouraging compact residential development, incentives for mixed use and redevelopment projects that maximize internal trip capture, clustering residential densities along transit routes,improving access to transit and non-motorized movement, requiring interconnectivity among adjoining parcels of land and incentives for green building methods. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 10