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4 9 MEETING AGENDA
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•�; , JANUARY 11,2006
'' F%`) IMMEDIATELY FOLLOWING THE PLANNING &ZONING BOARD MEETING
Call to Order
Roll Call
NEW BUSINESS: kkOLP4011\-/
1. Approval of Meeting Minutes: December 14, 2005.
2. Discussion and Recommendation Re: Department of Community Affairs -
2
,�,6 Objectives, Policies, and Comments Report Dated November 21, 2005 - Todd
LCt rc- Peetzi City Planner.
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Pursuant to Section 286.1015, F.S., the City hereby advises the public that if a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting,
that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City
for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor
does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the
attendance of one or more members of the Cape Canaveral-City Council, Board of Adjustment,
Code Enforcement Board and/or Community Appearance Board who may or may not participate in
Board discussions held at this public meeting. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's office at 868-1222,48 hours in
advance of the meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
LOCAL PLANNING AGENCY
MEETING MINUTES
DECEMBER 14, 2005
A Local Planning Agency Meeting was held on December 14, 2005, at the City Hall
Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called
the meeting to order at 10:21 p.m.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson 1st Alternate
OTHERS PRESENT
Susan Chapman Board Secretary
Todd Peetz City Planner
Kate Latorre Assistant_City_Attomey-- --------------
NEW BUSINESS:
1. Approval of Meeting Minutes: May 25, 2005
Motion by Mr. Nicholas, seconded by Mr. Dunn to approve the meeting minutes of May
25, 2005. Vote on the motion carried unanimously.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 8, 2005.
Motion by John Fredrickson, seconded by Lamar Russell to approve the meeting
minutes of June 8, 2005. Vote on the motion carried unanimously.
2. Discussion Re: Department of Community Affairs - Objectives, Policies, and
Comments Report Dated November 21, 2005 -Todd Peetz, City Planner.
Todd Peetz, City Planner, gave on overview of the objections and recommendations
from the Department of Community Affairs. He explained that the State of Florida does
not want to increase density or intensity in the Cape Canaveral area. Following
discussion, the Board members agreed that the policy should be clarified to meet the
city's intent. Discussion was held regarding adopting more stringent building code
standards, and consider decreasing density and/or square footage than what is currently
allowed. Todd Peetz, City Planner, advised that the next meeting will be scheduled on
January 11, 2006 for recommendation to City Council. He advised that he would
prepare a response that would clarify the policy and provide those changes to both the
Local Planning Agency and City Council at the same time. He advised that the policy
would need to be adopted by the city no later than January 20, 2006 to meet statutory
deadline.
Local Planning Agency
Meeting Minutes
December 14, 2005
Page 2
There being no further business for the Board to consider, the meeting was adjourned at
10:35 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Board Secretary
Meering Type: Local Planning
Agency
Meeting Date: 1/11/05
AGENDA
Heading Discussion DCA
Comments
Item #
No.
AGENDA REPORT
LOCAL PLANNING AGENCY
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion — Department of Community Affairs (DCA) — Objections, Recommendations
and Comments (ORC)Report
DEPT./DIVISION: Building Department
Requested Action:
Discuss and make a recommendation to City Council concerning objections raised by the DCA. This is a continuation of our previous
discussion on the comments from the DCA regarding the comprehensive plan amendment submitted to allow rebuilding eastward of the
coastal construction control line. We have prepared draft language to meet the concerns raised by the DCA.
Sununary Explanation&Background:
The DCA has provided their ORC report and have comments. The amendment to the comprehensive plan coastal management element
is to provide guidance that a landowner can rebuild if damage as long as they secure the appropriate state permits. The DCA primary
concern is about adding density or square footage to bather island properties. We need to provide some more clarification in the policy
to address their concerns.
Exhibits Attached:
1) Copy of the ORC Report
2) Proposed draft language — — — —_
Planning Official's Office Department
•
4cort*-12-4,e4,
•
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home" •
JEB.BUSH THADDEUS L.COHEN,AIA
Governor Secretary
November 21, 2005
The Honorable Rocky Randels
Mayor, City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, Florida 32920-0326
Dear Mayor Randels:
The Department has completed its review of the proposed Comprehensive Plan
Amendment for the City of Cape Canaveral,(DCA 05-1), which was received on September 6,
2005. Based on Chapter 163, Florida Statutes, we have prepared the attached report,which
outlines our findings concerning the amendment. It is particularly important that the City
address the objections set forth in our review report so that these issues can be successfully
resolved prior to adoption. We have also included a copy of local, regional and state agency
comments for your consideration. Within the next 60 days, the City should act by choosing to
adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report
outlines procedures for final adoption and transmittal.
The City's proposed Amendment 05-1 consists of one text amendment to the Coastal
Management Element to amend Policy CM-4.3 to allow rebuilding and additional construction
on existing projects seaward of the coastal construction control line (CCCL)jurisdiction that are
in compliance with city regulations and permitted by Florida Department of Environmental
Protection as well as allow for new development within the same area that meets the same
criteria. The Department has identified potential objections to the proposed amendment based on
the lack of minimizing impacts to development within the Coastal High Hazard Area, and an
internal inconsistency with Objective CM-4 of the Coastal Management Element which requires
the City to 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 towards restoration of altered beaches and dunes.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE , FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921 .0781/Suncom 291 .0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT
970a nvoreo=e uInhurav Club.919 9555 Rhn,r rrl Oak Boulevard 7555 Chun, rd Oak Boulevard 2555 Shurnard Oak Boulevard
The Honorable Rocky Randels
November 21, 2005
Page Two
If you, or your staff, have any questions as you formulate your response to this Report,
please contact Valerie M. James, Planner IV, at(850) 922-1803.
S.• - ely yours, /I!
WA./
J. es D. St nsbury
'egional Planning Administrator
JS/vj
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Mr. Bennett Boucher, City Manager, City of Cape Canaveral
Mr. Jeff Jones,Acting Director, East Central Florida Regional Planning Council
TRANSMITTAL PROCEDURES
The process for adoption of local comprehensive plan amendments is outlined in s.
163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code.
Within ten working days of the date of adoption,the City must submit the following to
the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any,which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments-Report._
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly
to Mr. Jeff Jones, Acting Director of the East Central Florida Regional Planning Council.
Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S.,
requiring the Department to provide a courtesy information statement regarding the
Department's Notice of Intent to citizens who furnish their names and addresses at the local
government's plan amendment transmittal (proposed) or adoption hearings. In order to provide
this courtesy information statement, local governments are required by the law to furnish to the
Department the names and addresses of the citizens requesting this information. This list is to-be - -
submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet
is attached for your use).
—1
•
OBJECTIONS,RECOMMENDATIONS AND COMMENTS
FOR
CITYOF CAPE CANAVERAL
AMENDMENT 05-1
I. CONSISTENCY WITH CHAPTER 163, PART II, F.S.,AND RULE 9J-5, F.A.C.
The City's proposed Amendment 05-1 consists of one text amendment to the Coastal
Management Element. The Department raises the following objections to proposed Amendment
05-1:
1. Objection: The proposed amendment does not address minimizing impacts to private
property in the Coastal High Hazard Area(CHHA) and fails to address opportunities to direct
residential development away from the CHHA.
proposed amendment is not consistent with the following requirements: Rules 9J-
---
I ..................The
5.005(2 and 5);-9J-5.012(3)(b)7., and(c)1.,F.A.C.; and.Sections 163.31.77(6)(h)1 and 2;._________:_
163.3177(8)(1), F.S.
Recommendation: Do not adopt the proposed amendment. Alternatively, revise the text
amendment to include further direction in the policy that will result in redevelopment, where
possible, to be located as far landward as the development parcel would allow./Redevelopment
should be designed so that any additional development of the property such as pools, driveways
or garages are directed seaward to put the residence as fat as possible out of harm from storm
damage and to design the redevelopment to minimize the impacts of man-made structures on th
beach and dune system.
`( 0 1 U✓
2. Objection: The proposed amendment is internally inconsistent with Objective CM-4 of the
Coastal Management Element which requires that the City develop measures for protection of 0
beaches and dunes, establishing construction standards which minimize the impacts ofng consOPtrstructures on beach and dune systems.
The proposed amendment is not consistent with the following requirements: Rules
9J-5.005(2 and 5); 9J-5.015(3)(b)1.,(3)(c), F.A.C.; and Section 163.3177(6)(h)1 and 2, F.S.
Recommendation: Do not adopt the amendment. Alternatively, revise the proposed amendmentooloor---
consistent with Objective CM-4 of the Coastal Management Element as stated in the first
4 recommendation.
II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN
Objection: The proposed Comprehensive Plan TEXT Amendment is not consistent with and do
not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida
Statutes) for the reasons noted in the objections raised above in Section I:
(a) Goal (6), Public Safety, Policy(b)23;
(b) Goal (8), Coastal and Marine Resources, Policy(b)4, 6, and 9; and
(c) Goal (25),Plan Implementation Policy(b)7.
Recommendation: Revise the plan amendment as recommended for the objections raised above.
5
.0„
St. johRiver
ns
�• Water Management District
Kirby B.Green Ill,Executive Director • David W.Fisk,Assistant Executive Director
•
4049 Reid Street • P.O.Box 1429 • Palatka, FL 32178-14294 (386)329-4500 •
On the Internet at www.sjrwmd.com.
•
October 21, 2005
D. Ray Eubanks, Administrator .00T 2 4 2007
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
---------S-ubject:-- City of Cape Canaveral..Proposed-Comprehensive Plan-Amendment ____ _ <`
DCA Amendment #05-1 / Q /
/6)/
—
Dear Mr. Eubanks:
St. Johns River Water Management District (District) planning staff have reviewed the above-
referenced proposed comprehensive plan amendment. The proposed amendment consists of one
text change to the Coastal Management Element of the City of Cape Canaveral's comprehensive
plan. The District staff reviews focus on water supply availability and related water resource
issues in an effort to link land use planning and water supply planning. District staff have no
comments because no substantial water supply availability or related water resource issues were
identified.
We appreciate the opportunity to provide comments. If you have any questions, please contact
District Policy Analyst Peter Brown at (386)329-4311/Suncom 860-4311 or
pbrown@sjnymd.com.
•
Sincerely,
4.:_jj,(
Linda Burnette, Director
Office of Communications and Governmental Affairs •
LB/GCS
cc: Todd Peetz, MillerJeff Jones, ECFRPC
Lindy McDowell, FDEP
Jeff Cole, SJRWMD
Marguerita Engel, SJRWMD
Peter Brown, SJRWMD
GOVERNING BOARD l%
Ometrias D.Long,CHAIRMAN David G.Graham,VICE CHAIRMAN R.Clay Albright,SECRETARY Duane Ottenstroer.-REAsuRER
APOPKA JACKSONVILLE OCALA JACKSONV,LLE
IN I onnarrl Wnrui John G.Sowinski William Kerr Ann T.Moore Susan N.Hughes
•
•
:1.
•
Florida Department of Transportation
.lest tat SII Intermodal Systems Development DEN\ER J.tirt TIER.JR.
GO\'ERNORSE(RLT.tR\
133 South Semoran Boulevard
Orlando, FL 32807-3230
October 20, 2005 O l0 5-5
Mr. RayEubanks, Community Program Administrator f 0/9. 105
/
Department of Community Affairs, State of Florida
Plan Review& DRI Processing Section
2555 Shumard Oaks Boulevard
Tallahassee,-FL 32399-210.0 -_-- .
SUBJECT: PROPOSED COMPREHENSIVE PLAN AMENDMENTS
LOCAL GOVERNMENT: CAPE CANAVERAL
DCA#: 05-1
Dear Mr. Eubanks:
The Department of Transportation has completed its review of the above proposed
comprehensive plan amendments as requested in your memorandum dated, September 22,
2005.
We appreciate the opportunity to participate in this review process. Since the amendment does
not appear to have significant adverse impacts to the State Highway System or the Florida
Intrastate Highway System, the Department does not have any review comments.
If you have any questions, please contact me at 407-482-7856 (Suncom: 335-7856) or e-mail
me at bettv.mckee dot.state.fl.us.
Sincerely,
Betty McKee
Systems Planner
BMcK
attachment
=ccTodd Corwin Brevard Cour- -- -
Rob Magee, FDOT
Todd Peetz , Cape Canageral
Rocky Randels, Cape Canaveral
• James Stansbury, DCA
File: J:\Growth Management\Comprehensive Plans\CommentsandCoverLetters\BrevardCo\CapeCanaberal05-1 NoCommentLetter102005.doc
joNNH •
et. Fq Johns River
St.
•
9Q Water Management District .
4„
'�4oemE�`o Kirby B.Green Ill,Executive Director • David W.Fisk,Assistant Executive Director
4049 Reid Street • P.O.Box 1429 • Palatka;FL 32178-1429 • (386)329-4500.
On the Internet at www.sjrwmd.com.
October 21,2005 0 (40
D. Ray Eubanks, Administrator Op/ /O"
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: City of Cape Canaveral Proposed Comprehensive Plan Amendment
-DCA-Amendment#_05.-1.
Dear Mr. Eubanks:
St. Johns River Water Management District (District) planning staff have reviewed the above-
referenced proposed comprehensive plan amendment.The proposed amendment consists of one
text change to the Coastal Management Element of the City of Cape Canaveral's comprehensive
plan. The District staff reviews focus on water supply availability and related water resource
issues in an effort to link land use planning and water supply planning. District staff have no
comments because no substantial water supply availability or related water resource issues were
identified.
We appreciate the opportunity to provide comments. If you have any questions, please contact
District Policy Analyst Peter Brown at (386)329-4311/Suncom 860-4311 or
pbrorint@sjrwrnd.com.
Sincerely, )1-)4A1(-147'142'
Linda Burnette, Director
Office of Communications and Governmental Affairs
LB/GCS
cc: Todd Peetz, Miller Legg
Jeff Jones, ECFRPC
•
__Lindy_Mcpowell,FDEP -- -.
Jeff Cole; SJRWMD — — — --- -----------______ — —
Marguerita Engel, SJRWMD
Peter Brown, SJRWMD
•
GOVERNING BOARD
Ometrias D.Long,CHAIRMAN David G.Graham,vice CHAIRMAN Ft.Clay Albright,SECRETARY Duane Ottenstroer,TREASLRER
APOPKA JACKSONVILLE OCALA JACKSONVILLE
W.Leonard Wood John G.Sowinski William Kerr Ann T.Moore Susan N.Hughes f/A
FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNEU PONTE VEDRA
• 1132
•
Isot
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
/0//()6
October 19, 2005
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard •
Tallahassee,Florida 32399=2100
Re: Historic Preservation Review of the Cape Canaveral (05-1) Comprehensive Plan
Amendment Request
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to
determine if data regarding historic resources have been given sufficient consideration in the
request to amend the Cape Canaveral Comprehensive Plan.
We reviewed one proposed text amendment to the Coastal Management Element to consider the
potential effects of this action on historic resources. While our cursory review suggests that the
proposed change may have no adverse effects on historic resources, it is the city's responsibility
to ensure that the proposed revision will not have an adverse effect on significant archaeological
or historic resources in the Cape Canaveral.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp of
the Division's Compliance Review staff at (850)245-6333.
Sincerely,
Frederick P. Gaske, Director
Xc: Mr. James Stansbury, DCA
500 S.Bronough Street • Tallahassee,FL 32399-0250 • http://www.flheritage.com
0 Director's Office 0 Archaeological Research ✓Historic Preservation 0 Historical Museums
(850)245-6300•FAX:245-6436 (850)245-6444•FAX:245-6436 (850)245-6333•FAX:245-6437 (850)245-6400•FAX:245-6433
0 Southeast Regional Office 0 Northeast Regional Office 0 Central Florida Regional Office
(QFa\d.74QQ(1•FAY.4!.74001 /0041 R`lF-F(1dF•FAY•12')F_F11,1A /R11\')7?-1Rd1•FAY•177-71411
•
East Central Florida
/ 0
REGIONAL .,.
.. .
PLANNING y
COUNCIL
MEMORANDUM .
•
Chairman
Welton G. Cadwell
Commissioner
Lake County
TO: D. Ray Eubanks, FDCA, Community Program Administrator
Vice Chairman James Stansbury, FDCA
Jon B. Rawlson
Governor's
Appointee FROM: Jeffrey Jones
---- _._Orange_County
DATE: Tuesday, October 11, 2005
Secretary/Treasure SUBJECT: Comprehensive Plan Amendment Review
r
Michael S. Blake LOCAL GOVERNMENT: Cape Canaveral
Commissioner
Tri-County League LOCAL AMENDMENT#:
of Cities DCA AMENDMENT#: 05-1
Winter Springs
Council staff has completed a technical review of the above referenced
Executive Director comprehensive plan amendment. The review was conducted in accordance with the
Sandra S. Glenn
provisions of the East Central Florida Regional Planning Council's current contract
with the Florida Department of Community Affairs for Plan and Plan Amendment
Serving Reviews.
Brevard. Lake. •
Orange. Osceola.
Seminole and i'olnsia We have not identified any significant and adverse effects on regional resources or
Counties. facilities, nor have any extra jurisdictional impacts been identified that would
adversely effect the ability of neighboring jurisdictions to implement their
631 N. Wymore Road comprehensive plans.
Suite 100
Maitland, Florida
32751 The East Central Florida Regional Planning Council is available to assist in the
resolution of any issues that should arise in the course of your review. If you should
Phony have any questions,please contact me at SunCom 334-1075 x316. Thank you.
407.62.3.1075
Fax 407.623.1084 •
Suncom 334-1075__.___ cc: . Local Government Contact _ ------------------- - ^-
Suncom Fax File
334.1084
Website:
www.ecfrpc.org
. ti�;�F"rrJTi'tJiO,S � rx
t Department of
Environmental Protection
Jeb Bush Marjory Stoneman Douglas Building Colleen M.Castille
3900 Commonwealth Boulevard Secreta
Governor •
Tallahassee, Florida 32399-3000 Secretary
October 21, 2005
Mr. Ray Eubanks
Florida Department of Community Affairs
Plan Review and DRI Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: Cape Canaveral 05-1, Comprehensive Plan Amendment ORC Review
Dear Mr. Eubanks:
On behalf of the Department of Environmental Protection,the Office of Intergovernmen-
tal Programs has reviewed the proposed comprehensive plan amendment in accordance with the
provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and
recommendations is limited to the environmental suitability of the proposed changes in light of
the Department's regulatory and proprietary responsibilities. Based on our review of the pro-
posed amendment,the Department has found no provision that requires comment, recommenda-
tion or objection under the laws that form the basis of the Department's jurisdiction and author-
ity. If the amendment pertains to changes in the future land use map or supporting text, please be
advised that at such time as specific lands are proposed for development, the Department will
review the proposal to ensure compliance with environmental rules and regulations in effect at
the time such action is proposed.
Thank you for the opportunity to comment on this proposal. If I may be of further
assistance, please call me at (850) 245-2172.
Sincerely,
SEW,
Suzanne E. Ray
Officeof Intergovernmental Programs
/ser
".1lur;z Noted/cm, c.)s Pro<<.ss
Cape Canaveral Comprehensive Plan
Coastal Management Element
•
Objective CM-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-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.
Policy CM-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-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,except for existing projects
incompliance with existing city regulations and as permitted by the Florida Department of
Environmental Protection. The following additional criterion shall apply for structures built
eastward of the coastal construction control line.
A) New,redeveloped or repaired structures shall meet or exceed the Florida Building
Code wind speed map,as amended.
B) The density for redeveloped or repaired structures shall not exceed pre-
development.
C) The gross square footage for a redeveloped or repaired structures shall not be
increased by more than 25% of original structure and be consistent with the land development
regulations.
D) New and redeveloped structures should be located on the west building setback line
or as far to the west as possible to reduce potential exposure to tropical storm events.
Policy CM-4.4:
6371
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.-AlA should provide for dune stabilization
and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent
feasible.
Policy CM-4.5:
The City shall continue to prohibit motorized vehicles from operating on the dune system except in
emergency situations.
Policy CM-4.6:
The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port
operations on the City's beaches.
•
t3
Cape Canaveral Comprehensive Plan
Coastal Management Element
Objective CM-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-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.
Policy CM-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-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,except for existing projects
incompliance with existing city regulations and as permitted by the Florida Department of
Environmental Protection. The following additional criterion shall apply for structures built
eastward of the coastal construction control line.
A) New,redeveloped or repaired structures shall meet or exceed the Florida Building
Code wind speed map,as amended.
B) The density for redeveloped or repaired structures shall not exceed pre-
development.
C) The gross square footage for redeveloped or repaired structures shall not be
increased more than the original structure square footage and consistent with the land development
regulations.
D) New and redeveloped structures should be located on the west building setback line
or as far to the west as possible(additional development of the property such as pools,driveways or
garages are directed seaward)to reduce exposure to tropical storm events.
Policy CM-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.-AlA should provide for dune stabilization
and preservation. In all cases,existing dune vegetation should be preserved to the maximum extent
feasible.
Policy CM-4.5:
The City shall continue to prohibit motorized vehicles from operating on the dune system except in
emergency situations.
Policy CM-4.6:
The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port
operations on the City's beaches.
Page 1 of 2
Susan Chapman
From: Todd Peetz [TPeetz@millerlegg.com]
Sent: Thursday, January 12, 2006 2:50 PM
To: Todd Morley
Cc: Bennett Boucher; chapman-cape@cfl.rr.com; Anthony Garganese; Beatrice McNeely
Subject: RE: Cape Canaveral Revised Coastal Management Policy 4.3
Todd,
I told the board that I got the idea for the 25% based on conversations that you had with some people who wanted
to expand their units while repairing their structures from the 2004 storms. I never said that the 25% percent
number came from you Todd. I was trying to find a way to meet a need that you identified as part of amending
this policy. Regardless it was shot down as something they didn't want to allow. Sorry for any confusion.
The Board did discuss tourist commercial retail as part of the moratorium discussion as both you and Bennett had
requested and the potential impacts from the proposed Ron Jon Hotel complex. We discussed how well the car
rental separations have worked and that no one on the Board wanted t-shirt shops and related tourist commercial
retail up and down A1A or elsewhere in the City. I don't recall a vote on the issue but I think they directed
Anthony to further evaluate a means to regulate tourist commercial retail and that may have also been the
direction from City Council as well. I think Anthony said he would look into?
They did vote to recommend removal of residential special exceptions from the Al A corridor.
If you have any other questions, please do not hesitate to contact me.
Sincerely,
Todd Peetz
From: Todd Morley [mailto:morley-cape@cfl.rr.com]
Sent: Thursday, January 12, 2006 2:16 PM
To: Todd Peetz
Subject: RE: Cape Canaveral Revised Coastal Management Policy 4.3
Todd,
Susan said that you said to the Board that I had recommended the 25% limitation on area increases for structures
seaward of the CCCL.
Can you refresh my mind? I don't remember this...
Also, I think we miscommunicated about the agenda - I asked if you would place "An open discussion item
regarding tourism commercial vs. residential commercial"on the agenda. You asked: "Can I put it in under"Open
discussion". I said yes. But now I see it didn't make the agenda. Why? I understand that it was brought up by
someone - I don't know who. But after talking to Bea today, I see there is no clear direction for the issue. Do they
want to discuss it some more? Have they requested more information? I would like to get a handle on this.
Thanks for your help.
-Todd
01/12/2006
January 12, 2006
Mr. James D. Stansbury, Regional Planning Administrator
The Florida Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100
RE: Request Determination of Development of Regional Impact (DRI)
Port of Canaveral
Dear Mr. Stansbury:
It has come to our attention in the City of Cape Canaveral that the Port of Canaveral is
contemplating a large hotel resort complex immediately adjacent on the City's north
boundary within the Port of Canaveral. The project is extensive and we have concerns
with potential impacts to our area and to the region as a whole. The project being
proposed is 450 hotel units with XX amount of tourist commercial retail square footage
and a proposed height of XX. This project will significantly impact the City of Cape
Canaveral.
We believe there are compatibility issues with the height, number of units anticipated and
tourist commercial retail for this project. The tourist commercial uses for example are
not in keeping with the character of the residential beach community that Cape Canaveral
has established. The traffic to be generated may overwhelm our remaining transportation
trips on SR AlA and North Atlantic Boulevard. A resort of this scale will undoubtedly
bring a transient population to the City that had not been envisioned. The City from its
inception has strived to maintain a residential community. The composition of the City
from the infrastructure to the local economic opportunities has been geared towards this
lifestyle or has been a deliberate quality of life choice.
We believe after reviewing Chapter 28-24 F.A.C. for the DRI threshold for this type of
project, the proposed project will exceed the threshold for a DRI:
Chapter 28-24.026 F.A.C. Hotel or Motel Development. Subject to Section
380.06(2)(d), F.S., the following developments shall be a development of regional
impact:
(1) Any proposed hotel or motel development that is planned to create or accommodate
350 or more units; or
(2)Any proposed hotel or motel development that is planned to create or accommodate
750 or more units, in counties with a population greater than 500,000, and only in
geographic areas specifically designated as highly suitable for increased threshold
intensity in the approved local comprehensive plan and the comprehensive regional
policy plan.
We would like a determination from the Department of Community Affairs as whether or
not this project triggers a Development of Regional Impact?
The development in the Port of Canaveral has real infrastructure impacts to the City. The
City of Cape Canaveral should not have to bare the burden of another jurisdiction's
development impacts. The Port of Canaveral should be held accountable for their
development consequences. Cape Canaveral is on a barrier island in the Coastal High
Hazard Area (CHHA), the intensity of this project is not in keeping with the State's
policy to direct density and intensity away from the CHHA.
Please feel free to coordinate with myself or our City Planner Todd Peetz, who can be
reached at 407-629-8880.
Thank you for your time and consideration of this proposed project.
Sincerely,
Bennett Boucher,
City Manager
cc: Mayor Rocky Randels
Mayor Pro Tern Robert Hoog
Councilman Jim Morgan
Councilman Leo Nicholas
Councilman Buzz Petsos
City Attorney Anthony Garganese
City Building Official Todd Morley
City Clerk Susan Stills
City Planner Todd Peetz