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HomeMy WebLinkAboutcocc_council_mtg_packet_201908CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 20, 2019 6:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: 6:00 p.m. 6:15 p.m. Presentation of Proclamation recognizing Cape View Elementary School for the "A" Rating received from the Florida Department of Education, to Cape View Elementary School Principal Jill Keane. Presentation of Proclamation welcoming and recognizing the 2019 International Youth Exchange Program students and chaperones from Kimotsuki, Japan. Presentation by Georganna Gillette, Executive Director, Space Coast Transportation Planning Organization (SCTPO). PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. INTERVIEWS: 6:30 p.m. 6:40 p.m. Interview Applicants for appointment to the Community Appearance Board. (Marlene Woodside and Geoffrey Zuercher) Interview Applicant for appointment to the Planning and Zoning Board. (Dr. Michael Miller) CONSENT AGENDA: 6: 40 p.m. 6: 45 p.m. 1. Approve Minutes for July 16, 2019 City Council Budget Workshop and Regular Meetings and August 6, 2019 Regular Meeting. 2. Resolution No. 2019-11; appointing members to the Community Appearance Board and Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior City of Cape Canaveral, Florida City Council Meeting August 20, 2019 Page 2 of 2 inconsistent resolutions, severability and an effective date. (Marlene Woodside, Geoffrey Zuercher and Dr. Michael Miller) 3. Request City Council approve the memorandum of understanding (MOU) for the East Central Florida Regional Resilience Collaborative (ECFR2C) approved by the East Central Florida Regional Planning Council (ECFRPC) on May 15, 2019 and authorize the Mayor to execute it on the City's behalf. 4. Request City Council review and accept the City's Vulnerability Assessment titled Resilient Cape Canaveral, created by the East Central Florida Regional Planning Council (ECFRPC) and funded by a grant from the Florida Department of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP), a National Oceanic and Atmospheric Administration (NOAA) approved program, which examines the impacts of sea level rise and flooding in the City of Cape Canaveral. PUBLIC HEARING: 6: 45 p.m. 6: 50 p.m. 5. Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEM FOR ACTION: 6: 50 p.m. 6: 55 p.m. 6. Wave Village Development Agreement REPORTS: 6: 55 p.m. 7: 00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x207 or x206) 48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation recognizing Cape View Elementary School for the "A" Rating received from the Florida Department of Education, to Cape View Elementary School Principal Jill Keane. Department: Legislative Summary: Brevard Public Schools is the 49th largest district in the U.S. and the loth largest district in Florida. Serving over 73,000 students annually, Brevard Public School's goal is to provide children with the highest quality education in a culture of dedication, collaboration and learning. Cape View Elementary School, established in 1964 and Home of the Cape View Rockets, received an "A" rating for 2018-2019 School Grades from the Florida Department of Education. Cape View Elementary has a mission to create a life-long learning environment that focuses on standards -based instruction that will lead to a higher level of student engagement and improved student achievement for all. The School focuses student learning on the four achievement components of English Language Arts, Mathematics, Science and Social Studies. As requested by Mayor Pro Tem Mike Brown and executed by Mayor Bob Hoog, the Proclamation from the City is being presented to Principal Jill Keane, accepting on behalf of the Students, Teachers and Staff of Cape View Elementary School. Submitting Council Member: Mayor Pro Tem Mike Brown Date: 8/12/19 Attachment: Proclamation Financial Impact: Staff time/effort in preparing the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/8/19 The City Manager recommends that City Council take the following action: Present Proclamation recognizing Cape View Elementary School for the "A" Rating received from the Florida Depaittnent of Education, to Cape View Elementary School Principal Jill Keane. Approved by City Manager: David L. Greene Date: 8/8/19 [City Seal] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, Cape View Elementary School, Home of the Cape View Rockets, received an "A" rating from the Florida Department of Education for 2018-2019 School Grades; and WHEREAS, Cape View Elementary School has a mission to create a life-long learning environment that focuses on standards -based instruction that will lead to a higher level of student engagement and improved student achievement for all; and WHEREAS, Cape View Elementary School works together in an innovative, positive learning environment to provide students with educational experiences that will lead to deep conceptual knowledge and ensure mastery of the rigorous standards needed for 21st century success; and WHEREAS, Cape View Elementary School focuses student learning on the four achievement components of English Language Arts, Mathematics, Science and Social Studies; and WHEREAS, Cape View Elementary School believes family involvement and community support is key to fulfilling its mission in bringing all stakeholders together and allowing them to become more involved in student education; and WHEREAS, Cape View Elementary School believes that creating an atmosphere of instructional support and teaching rigorous standards, while meeting the needs of all students, will help provide children with the tools and opportunities for sustained success. NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim recognition and congratulate CAPE VIEW ELEMENTARY SCHOOL for receiving an "A" rating for 2018-2019 School Grades from the Florida Department of Education. Signed and Sealed this [blank] Day of [blank] [blank] Mayor [EMBOSSED CITY SEAL] [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation welcoming and recognizing the 2019 International Youth Exchange Program students and chaperones from Kimotsuki, Japan. Department: Community Services Summary: In August 2018, the City of Cape Canaveral was visited by 12 middle school students (and their chaperones) as part of an International Youth Exchange Program (IYEP) from Kimotsuki, Japan. The objectives of this Exchange Program are aimed at increasing international foot traffic, global diffusion and facilitating English literacy. After the success of their 2018 visit, IYEP coordinators returned to Japan and reported on the hospitality of Cape Canaveral to the local government. Building on this first impression, the relationship between the two Cities continued to grow through letters (Attachment 1), social media and email correspondence. The City of Cape Canaveral and Florida's Space Coast have been chosen again for the August 2019 IYEP due in part to the positive experience in 2018, but also because of its proximity to educational attractions and the many similarities between the two communities. Located in the southeastern part of the Osumi Peninsula, in the Kagoshima Prefecture, Kimotsuki is surrounded by an abundance of nature, lined by mountains and faces the Pacific Ocean. Kimotsuki is home to one of two rocket launch facilities in Japan and vehicles launched from this facility are primarily for research purposes and furthering our understanding of the universe. The Town has a population of approximately 15,595 people spread out over 119 square miles. Its industry is based in agriculture and cattle farming and the Town also hosts many vibrant festivals celebrating Japan's rich cultural traditions. The City of Cape Canaveral once again welcomes the IYEP students and chaperones with open arms; and we are honored to host our IYEP guests for a second time. Going forward, we wish to continue working with the IYEP and Kimotsuki Town's local government to build a long- lasting relationship to include future annual visits, formalizing a Friendship City Agreement and possibly coordinating a visit to Kimotsuki Town by a group of Cape Canaveral Community and Staff representatives in the near future. Present this evening are the 12 students from the 2019 International Youth Exchange Program and their chaperones. Students lori Anraku Koharu Nishisako Keisuke Kaikura Riku Kono Airi Tsuruda Manami Sakamoto Nene Kawazoe Kotaro Miyashita Junnosuke Kono Kaito Matusmoto Hikari Kammaniwa Mako Hashiguchi City Council Meeting Date: 08/20/2019 Presentations/Interviews Page 2 of 2 Chaperones • Saki Nishinakamura • Taido Kato • Erika Kawanabe • Shuuichi Minesaki (head of the Planning and Coordination Division of Town Hall) • Lydia Zumbrun (CIR [Coordinator for International Relations]) Submitting Department Director: Joshua A. Surprenant Date: 8/8/19 Attachments: 1. Letter and pictures between the Kimotsuki Town Mayor and Mayor Hoog 2. Proclamation Financial Impact: Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/8/19 The City Manager recommends that City Council take the following action(s): Provide a warm City of Cape Canaveral welcome and Present Proclamation welcoming and recognizing the 2019 International Youth Exchange Program students and chaperones from Kimotsuki, Japan. Approved by City Manager: David L. Greene Date: 8/8/19 Attachment 1 KIMOTSUKI TOWN HALL 98 NIITOMI KIMOTSUKI-CHO KIMOTSUKI-GUN KAGOSHIMA JAPAN 893-1207 Telephone (0994) 6 5 - 2 51 1 Facsimile (0994)65-2521 Dear Mayor Hoog, I would like to start with expressing my sincere gratitude for all the help we have received in implementing the Kimotsuki Town International Youth Exchange here in Cape Canaveral, Florida. Kimotsuki Town has a population of approximately 16,000 people spread over a vast area in Japan's southernmost peninsula, the Osumi peninsula. Since 2003, the Uchinoura Space Center in Kimotsuki has served as a JAXA (the Japan Aerospace Exploration Industry) launch -site for satellites that further space exploration. Due to the many similarities Cape Canaveral and Kimotsuki have in terms of climate, geography, and the space industry, we have chosen your city of Cape Canaveral as the place for our Kimotsuki Town International Youth Exchange, as we hope to continue this exchange in the years to come. We are sincerely looking forward to both building a friendship city relationship and promoting future international exchange between our two towns of Cape Canaveral and Kimotsuki. Finally, I would like to express my gratitude for your efforts in further developing this International Youth Exchange. Thank you. Sincerely, Kimotsuki Town Mayor Kazuyuki Nagano [Japanese script] T-893-1207 Photos of Kimotsuki Mayor and students holding and displaying Proclamation [City Seal] City of Cape Canaveral April 25, 2019 Mayor Kazuyuki Nagano 98 Niitomi Kimotsuki-cho, Kimotsuki-gun, Kagoshima 893-1207 RE: INTERNATIONAL YOUTH EXCHANGE PROGRAM Dear Mayor Kazuyuki Nagano: I was delighted to receive the news that the International Youth Exchange Program was planning another trip to the City of Cape Canaveral! We will once again welcome your students and chaperones with open arms. We are happy to hear you have decided to visit the Space Coast for a second time. Their visit last summer was such a great experience for our City and host families; we've heard that many of them have remained in touch with the students that stayed with them. We are happy to be a part of your International Youth Exchange, and to be able to continue working to grow this long-lasting relationship - to include future annual visits, solidify a friendship city agreement and possibly send a group of Cape Canaveral Community and Staff representatives to visit Kimotsuki Town in 2020. Sincerely, Mayor Robert "Bob" Hoog THE SPACE BETWEEN 100 Polk Avenue — P.Q. Box 326 • Cape Canaveral, FL 32920 BETWEEN (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.on4 • infogcityofcapecanaveral.org • #TheSpaceBetween Attachment 2 [City Seal] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, cultural exchange, inclusivity, compassion, kindness, education and local tourism resulting from people -to -people communication is the quintessence of the City of Cape Canaveral Vision Statement, Values and Mission Statement; and WHEREAS, the City of Cape Canaveral is known as being a universal innovator, launch pad for tomorrow and The Space Between® Inspiration + Relaxation®, making it no stranger to international visitors; and WHEREAS, the City of Cape Canaveral is actively seeking to build meaningful relationships with international communities that share our connection to the past, present and future of space exploration, as well as our values of inclusivity, sustainability and goodwill; and WHEREAS, the City of Cape Canaveral recognizes and welcomes the presence of Ion Anraku, Keisuke Kaikura, Airi Tsuruda, Nene Kawazoe, Junnosuke Kono, Hikari Kammaniwa, Koharu Nishisako, Riku Kono, Manami Sakamoto, Kotaro Miyashita, Kaito Matusmoto, Mako Hashiguchi, Taido Kato, Erika Kawanabe, Shuuichi Minesaki and Lydia Zumbrun, exchange students and chaperones from Kimotsuki, Japan; and WHEREAS, the opportunity to continue growing our Friendship City bond based on the principle of equality and mutual benefit, both Cities will continue to learn from one another through information -sharing opportunities in order to promote prosperity, kindness and quality of life. NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby WELCOME THE 2019 INTERNATIONAL YOUTH EXCHANGE STUDENTS AND CHAPERONES FROM KIMOTSUKI, JAPAN. We hope you enjoy your time in our City, and we look forward to future visits as part of this growing international exchange program and relationship. Signed and Sealed this [blank] Day of [blank] [blank] Mayor [EMBOSSED CITY SEAL] [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation by Georganna Gillette, Executive Director, Space Coast Transportation Planning Organization (SCTPO). Department: City Clerk's Office Summary: Transportation Planning Organizations (TPOs) were created by Federal law to review and administer all policies and procedures applicable for state and Federal transportation funding. The SCTPO provides transportation planning services and coordinates transportation plans for the area's local jurisdictions and transportation authorities including: • One county: Brevard County Board of County Commissioners • Sixteen municipalities: Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Melbourne Village, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, and West Melbourne • Two airports: Orlando -Melbourne International and Space Coast Regional (f/k/a Ti-Co) • One seaport: Port Canaveral • One spaceport: Cape Canaveral Spaceport (Kennedy Space Center and Cape Canaveral Air Force Station) Georganna Gillette, SCTPO Executive Director, has requested time to provide a brief presentation on the transportation planning process for the Brevard planning area and discuss several priority projects for the Cape Canaveral Area. Submitting Department Director: Mia Goforth Date: 8/9/19 Attachments: None. Financial Impact: Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/8/19 The City Manager recommends that City Council take the following action: Receive presentation by Georganna Gillette, Executive Director, Space Coast Transportation Planning Organization. cc Approved by City Manager: David L. Greene Date: 8/8/19 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Community Appearance Board. (Marlene Woodside and Geoffrey Zuercher) Department: Community Development Summary: On May 29, 2019, the Community Appearance Board unanimously approved Marlene Woodside and Geoffrey Zuercher to Pill two vacancies. Ms. Woodside has a background serving on City boards to include the Beautification Board as well as the Culture and Leisure Services Board. She has been very active in the local art community and has lived in the area since 1962. Mr. Zuercher is currently employed in the environmental health and safety field by the Brevard County School Board. He also has experience as a contractor in the housing development industry and is familiar with construction methods and materials. Mr. Zuercher indicates that he has a passion for serving his City. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the Applicants' interviews and interest in the City of Cape Canaveral Community Appearance Board, the Board recommends they be appointed by the City Council. Submitting Department Director: David Dickey Date: 8/6/19 Attachments: 1- Board Application - Marlene Woodside 2 - Board Application - Geoffrey Zuercher 3 - Community Appearance Board Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following action: Interview Applicants. (Marlene Woodside and Geoffrey Zuercher) Approved by City Manager: David L. Greene Date: 8/6/19 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Marlene Woodside 2. Home Address: 732 Bayside Dr. Unit 206 3. Home and Cellular Telephone: 321 613 3105 4. Occupation: Retired 5. Business Telephone: 6. Business Address: 7. E-Mail: marlenewoodside@cfl.rr.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or aimrnittee. 1. Are you duly registered to vote in Brevard County? (Y)✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)✓ (N) 3a. Are you a Business owner: (Y) (N)✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N)✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)✓ (N) MW initials 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N)✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state to your interest in serving on a City advisory board or committee: I was 1 of the first members of the Beautification Board (Attached News Article) and served with Culture Leisure Board for about 3 yrs - I enjoy my town 2. In numerical sequence ( 1 = most interested), plea a rank each advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. & Community Appearance Board e. Construction Board of Adjustment and Appeals* f. & Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: Would also enjoy as volunteer for Arts programs *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. briefly state any prior experiences in serving on any governmental board or committee: I briefly served on development board while living at Merritt Isl. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I have been edcated w the arts, many programs and Profess. Decator (not active) college photo journalism have judged our students art showsD. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African -American Male Asian -American Female Hispanic -American Not Known Native -American ✓ Caucasian Not Known GENDER Male ✓ Female Not Known DISABILITY Only a small amount aid not enough to keep me from serving Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: [Marlene Woodside] Please retum to: Date: May 21, 2019 City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 5/22/17 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Marlene is a professional artist with a lifelong passion for the arts. Her works have been exhibited in juried and non-juried shows earning many ribbons and awards. She has also been featured in various publications and in 1999 her design was selected for the Melbourne Beach founder's day T-Shirt. Over the years Marlene has been very active in local art organizations including the Brevard Watercolor Society and the Central Brevard Art Association. In 1997 she was one of the founders of the Strawbridge Art I Pague in Melbourne, Florida. A second passion has been Marlene's love for the town of Cape Canaveral. It was love at first sight when she and her family relocated to this area in 1965. When the town voted to establish a beautification board she was one of the first volunteer members and was awarded a key to the city in 1989 for her efforts. Her spirit of volunteerism continues as a member of the culture and leisure services board and her advocacy for the advancement of the arts in her community. Attachment 2 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board Members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has. been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Geoffrey K. Zuercher 2. Home Address: 8657 Villanova Dr 3. Home and Cellular Telephone:c 863/899-1357 4, Occupation: Safety Specialist 5. Business Telephone: 321-633-3580 x13007 6, Business Address: Brevard Public Schools 7. E-Mail: z_198@hotmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or aimrnittee. 1. Are you duly registered to vote in Brevard County? (Y)✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)✓ (N) 3a. Are you a Business owner: (Y) (N)✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N)✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)✓ (N) GZ initials 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N)✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state to your interest in serving on a City advisory board or committee: Passion for serving my city 2. In numerical sequence ( 1 = most interested), plea a rank each advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. 2 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. 1 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. briefly state any prior experiences in serving on any governmental board or committee: 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Employed in Environemental Health & Safety for BPS. Formerly employed as contractor for housing development in Mississippi D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African -American Male Asian -American Female Hispanic -American Not Known Native -American ✓ Caucasian Not Known GENDER ✓ Male Female Not Known DISABILITY Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: [Geoffrey Zuerchrer] Please retum to: Date: 6/19/2018 City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 3 100 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220 Memo CITY OF CAPE CANAVERAL Community Development TO: Cape Canaveral City Council VIA: David L Greene, City Manager FROM: David Dickey, Community Development Director DATE: 8/5/2019 RE: Recommendation to the City Council — Community Appearance Board Applicants Marlene Woodside and Geoffrey Zuercher At the May 29, 2019 Community Appearance Board meeting, the Board interviewed Marlene Woodside and Geoffrey Zuercher to fill two current vacancies. Based on their educational background and professional experience, the Board unanimously recommended the vacancies be filled by Marlene Woodside and Geoffrey Zuercher. Please let me know if you have any questions. Thank you. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Dr. Michael Miller) Department: Community Development Summary: On July 30, 2019, the Planning and Zoning Board unanimously approved Dr. Michael Miller to fill a vacancy. Dr. Miller is a retired Brevard County School District administrator with over 36 years experience including serving on local and state advisory committees. Dr. Miller has been a resident of the City for over 25 years and has a desire to serve his community. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the applicant's interview and interest in the City of Cape Canaveral Planning and Zoning Board, the Board recommends he be appointed by the City Council. Submitting Department Director: David Dickey Date: 8/6/19 Attachments: 1 — Board Application — Dr. Michael Miller 2 — Planning and Zoning Board Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following action: Interview Applicant. (Dr. Michael Miller) cc11 Approved by City Manager: David L. Greene 0I :•fri'" Date: 8/6/19 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. RECEIVED MAY 22 2017 CCO DL Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Michael Miller 2. Home Address: 303 Lindsey Court, Cape Canaveral FL 32920 3. Home and Cellular Telephone. (C) 321-759-1200 4. Occupation: Retired Educator 5. Business Telephone: N/A 6. Business Address: N/A 7. E-Mail: dr.michaelmiller@outlook.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or aimrnittee. 1. Are you duly registered to vote in Brevard County? (Y)X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)X (N) 3a. Are you a Business owner: (Y) (N)X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N)X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)X (N) MM initials 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N)X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state to your interest in serving on a City advisory board or committee: I love my City and since retireing I have more time give to my City. 2. In numerical sequence ( 1 = most interested), plea a rank each advisory board or committee on which you wish to serve: a. 7 Board of Adjustment* b. 8 Business and Economic Development Board c. 4 Code Enforcement Board* d. 2 Community Appearance Board e. 6 Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. 5 Library Board h. 1 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. briefly state any prior experiences in serving on any governmental board or committee: Both District (Brevard Public Schools) and state committiees 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Retired BPS School Administrator 36 Years D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African -American Male Asian -American Female Hispanic -American Not Known Native -American X Caucasian Not Known GENDER X Male Female Not Known DISABILITY Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: [Dr. Michael Miller] Please retum to: Date: 5/23/17 City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 5/22/17 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 100 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220 Memo CITY OF CAPE CANAVERAL Community Development TO: Cape Canaveral City Council VIA: David L Greene , City Manager FROM: David Dickey, Community Development Director DATE: 8/5/2019 RE: Recommendation to the City Council — Planning and Zoning Board Applicant Dr. Michael Miller At the July 30, 2019 Planning and Zoning Board meeting, the Board interviewed Dr. Michael Miller to fill a vacancy. Based on Dr. Miller's educational background and professional experience, the Board unanimously recommended the vacancy be filled by Dr. Miller. Please let me know if you have any questions. Thank you. Item No. 1 DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue,Cape Canaveral,Florida TUESDAY July 16,2019 5:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:01 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Community Services Director Joshua Surprenant Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Financial Services Deputy Director Melinda Huser Human Resources/Risk Management Director Jane Ross Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Mike Green Canaveral Fire Rescue Chief Dave Sargeant Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Tina Rose Freeman, 504 Fillmore Avenue,indicated she is president of her homeowner association and requested more options for the Proposed Budget. Sarah Hodge, 369 Coral Drive, requested an additional workshop be scheduled for the Proposed Budget and shared her reasons for such. Bill Hodge, 369 Coral Drive, indicated support of Mrs. Hodge's comments. DRAFT City of Cape Canaveral, Florida City Council Budget Workshop Meeting July 16, 2019 Page 2 of 3 Andrea Shea King, 7017 Orange Avenue, provided opinions and requested citizens be given the Proposed Budget in a group workshop before it is approved. Ray Osborne, 209 Holman Road, requested an additional Workshop for the Proposed Budget, suggested reaching out to retirees to attend and shared ideas for sustainability in the City. DISCUSSION: 1. Proposed Fiscal Year 2019/2020 Budget and Five (5) Year Capital Improvement Plan: City Manager Greene confirmed the Meeting to be a Workshop; provided a summary of the balanced Proposed Budget, which includes another proposed millage rate reduction released to the City Council prior to the deadline of July 1, 2019; stated the Proposed Budget reflects Council priorities from a number of Strategic Planning Retreats including Indian River Lagoon initiatives, several projects involving hardening, stormwater, wastewater, sidewalks and mobility programs and Community Redevelopment Area funding projects; and described the Proposed Budget as maximizing resources while lowering the millage rate, reflective of the City Council goals and objectives rooted in the Community Vision Plan including continued advocacy for safety and improvements along State Road A1A. Discussion ensued and included requests from audience members for copies of the Proposed Budget, the process by which the Budget gets approved and adopted by the City Council in Public Hearings, suggestion to sign up for The Weekly Update email distribution list to receive news and information from the City, the majority of citizens are happy with the City improvements and services, new manager positions included in the Proposed Budget effective July 1, 2019, information provided by City Manager Greene on money set aside in the amount of $500,000, with similar reserves and contingencies throughout the Proposed Budget along with an unobligated cash balance of $3.2 million, City's taxable value is still lower than it was in 2008, desire to schedule another Workshop Meeting in August, request for more budget options with added emphasis on bikeable-walkable mobility projects, lighting in the City and safety measures for State Road AlA, the Proposed Budget contains funding for two additional full-time Sheriff's Deputies with positions effective January 1, 2019 and July 1, 2019; and the City initiative to have one of the best wastewater treatment systems in Brevard County. City Manager Greene suggested shifting Community Redevelopment Area funds in the amount of $50,000 into the mobility program for sidewalks within the Community Redevelopment Area to meet a Council goal of complete sidewalks and address issues expressed by the Brevard County Commissioners with assisting local businesses within the Area with facade grants. Community Services Director Surprenant announced new solar lighting is being tested at Rover's Space dog park, clarified that no messages or calls were received by Staff from the public regarding access to the Proposed Budget online and would have offered assistance to anyone needing it. City Manager Greene further explained the difference between City Workshop Meetings held to discuss the Proposed Budget as opposed to the two Public Hearings to adopt a City Budget in September. DRAFT City of Cape Canaveral, Florida City Council Budget Workshop Meeting July 16, 2019 Page 3 of 3 A motion was made by Council Member Morrison, seconded by Council Member Randels, to schedule a City Council Budget Workshop Meeting on August 20, 2019 at 4:00 p.m. The motion passed 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:57 PM. Mia Goforth, CMC, City Clerk Mike Brown, Mayor Pro Tem DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY July 16,2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 PM. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene Assistant City Attorney Kristin Eick City Clerk Mia Goforth Community Development Director David Dickey Community Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Leisure Services Director Gustavo Vergara Staff Historian and Cultural Programs Manager Molly Thomas Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Mike Green Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, distributed and read a letter calling for the quality of life in the City be preserved for retired residents, a historic district be established on Holman Road, mixed-use zoning, using grant funds to continue research related to the City Vulnerability Study and requested vegetative buffering between his residence and a business that operates adjacent to that property. Mr. Osborne stated he hoped some of these initiatives make it into the Budget and complimented Council on doing a great job. Robin Parsons, 606 Shorewood Drive, expressed concerns over fireworks on the beach this year including the noise, debris and trash left behind, the hazards to sea turtles and suggested working with the homeowners associations along the beach. Council thanked Mrs. Parsons for helping to clean up the beach. Dennis Schultz, 561 Casa Bella Drive, questioned each individual sitting at the dais as to whether they were appointed or elected. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation to members of the Brevard County Historical Commission, commemorating City of Cape Canaveral Resolution No. 1969-30, DRAFT City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2019 Page 2 of 4 commending the historical Apollo 11 Moon Landing of July 20, 1969 and declaring June 21, 2019 through September 23, 2019 as The Summer of Space in the City of Cape Canaveral: Mayor Pro Tem Brown read and presented the Proclamation to Commission Members Molly Thomas, Henry Parrish and George Kistner. Mr. Parrish, former Mayor of Cocoa, Florida, provided information related to the founding of the Commission and emphasized the importance of area history attracting visitors from all over the world. Presentation of Advanced Institute for Elected Municipal Officials Certificate of Completion to Council Member Angela Raymond: Mayor Pro Tem Brown presented the Certificate of Completion to Council Member Raymond and read a letter addressed to her from Florida League of Cities University Director Lynn S. Tipton. Ms. Raymond stated she has only scratched the surface in learning about municipal government. Resolution No. 1969-30, adopted by the City of Cape Canaveral City Council on August 19, 1969, commending the historical Apollo 11 Moon Landing and the three astronauts, Neil Armstrong, Mike Collins and Buzz Aldrin, was read into the record by City of Cape Canaveral Poet Laureate Tim Bass. CONSENT AGENDA: Mayor Pro Tem Brown inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item Nos. 1 and 2. 1. Approve Minutes for June 18, 2019 City Council Regular Meeting. 2. Resolution No. 2019-10; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2019/2020 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. #1 A question was raised regarding why two individuals attending the Regular City Council Meeting of June 16, 2019, who each submitted Speaker Cards, that do not appear in the Meeting Minutes for approval. City Clerk Goforth confirmed the individuals do not appear in the Minutes because they did not speak at the Meeting, however the Speaker Cards are in the public record. City Clerk Goforth confirmed Council Member Morrison's City Manager Evaluation is available to the public. #2 A question was raised regarding Section 1 of the Resolution referencing a .37 percent decrease below the previous year roll -back rate of 3.7495. Discussion ensued and included how calculations of the percentage differ depending on how many decimal points are used, clarification that the percentage is not part of any legal newspaper advertisement, the purpose of the Agenda Item is to vote on the 3.7359 millage now and how, going forward in the process, the millage rate can only be lowered. A motion was made by Council Member Randels, seconded by Council Member Raymond, to approve Consent Agenda Items No. 1 and 2. The motion carried 5-0. PUBLIC HEARINGS: DRAFT City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2019 Page 3 of 4 3. Ordinance No. 12-2019; providing for a referendum election and ballot language for an election to be scheduled by the City Council; providing for an Economic Development Ad Valorem Tax Exemption pursuant to Section 196.1995, Florida Statutes; providing for coordination with the Supervisor of Elections; providing for severability and an effective date, second reading: Assistant City Attorney Eick read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued and included a local business, Comprehensive Health Services, Inc., with estimated taxes due November 1, 2019 to be approximately $18,000 and its current participation in the Exemption which will bring a potential of three hundred and fifty additional new jobs in the City and the pros and cons of the economic tool. A motion was made by Council Member Randels, seconded by Council Member Raymond to adopt Ordinance No. 12-2019 at second reading. The motion carried 4-1, with Council Member Morrison voting against. ITEM FOR ACTION: 4. Approve Final Design Proposed by Architects RZK, Inc. related to Phase I Redevelopment of Canaveral City Park, including Canaveral City Park's Multi -Generational Facility (MGF) and Request for Bids go forward: Mayor Pro Tem Brown called for Public comment. Pennie Zuercher, 8657 Villanova Drive and Planning and Zoning Board Chair, informed Council the Board approved the Final Site Plan for the Project by unanimous vote, expressed how vital the Facility is to the Vision of the City and encouraged Council to approve the Item. Discussion ensued and included benefits of the Facility to the citizens, seniors and children, opposition to the City process by which the Project is moving forward, suggestion to mail every citizen in the City a postcard regarding the Project, a call for additional public input and points of clarification made with regard to the desire for such a public facility in the community going back almost twenty years and the Agenda Item timeline summarizing all of the opportunities for public participation in the Project since February 2017. A motion was made by Council Member Morrison to schedule a workshop, budget $5,000 to mail out postcards to one hundred percent of the residents prior to the workshop and move the Agenda Item to the next City Council Meeting before approving a final design. The motion failed for lack of a second. Discussion continued. A motion was made by Council Member Randels, seconded by Council Member Raymond, to approve the Final Design Proposed by Architects RZK, Inc. related to Phase I Redevelopment of Canaveral City Park, including Canaveral City Park's Multi -Generational Facility (MGF) and Request for Bids go forward, as written. The motion carried 4-1, with Council Member Morrison voting against. REPORTS: Council Member Raymond discussed attending the Taipei FORMOSAT-7/COSMIC-2 Mission briefing and post launch status events held in the City, thanks to Staff for their efforts in providing an impromptu presentation about Cape Canaveral at City Hall for representatives from Japan and students from National Taiwan University, Space Coast League of Cities Meetings, City Trash Talk, Community Garden Meeting, represented the City in the Cocoa Beach Astronaut Parade and complimented City Staff on their jobs surrounding Apollo 11 Lunar Landing celebrations and activities. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting July 16, 2019 Page 4 of 4 Council Member Morrison discussed the significance of the Apollo 11 Launch 50th Anniversary and meeting with constituents. Mayor Pro Tem Brown congratulated Cape View Elementary School on being rated an "A" School, shared how Cape View Staff looks forward to utilizing the Multi -Generational Facility, announced the Space Coast Little League won a game in the All Stars Tournament and thanked Staff for baseball field maintenance. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:29 PM. Mia Goforth, City Clerk, CMC Mike Brown, Mayor Pro Tem DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY August 6,2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison (via FaceTime) Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Community Services Director Joshua Surprenant Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Quincy Hines PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, stating he would forward a copy to the City later, read a letter to the Council proposing a study be conducted on the benefits of historic districting and suggested the Holman Road and Oak Lane areas of the City. PUBLIC HEARING: 1. Ordinance No. 14-2019; an Emergency Ordinance amending Chapter 26, Elections, of the Code of Ordinances; changing the qualifying period for candidates for the office of the City Council for the 2019 City Regular Election to be consistent with the requirements established by the Brevard County Supervisor of Elections to provide Spanish language ballots pursuant to a preliminary injunction issued by the Federal District Court in Madera v. Lee, No. 1:18-cv-152- MW/GRJ (N.D. Fla. May 10, 2019) and a related directive issued to the Supervisor of Elections by the Florida Secretary of State;providing an effective date and repealer provision: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included how Council can take immediate action on the Ordinance with no second reading required, the need to adopt another ordinance to ensure City compliance by March 2020,the State mandate for bilingual ballots in English and Spanish and pressure on the Supervisors of Election. The Public Hearing was opened. Thomas Cienciera, 807 Mystic Drive, and Mr. Osborne both requested and received clarification regarding the State mandate which prompted shortening the 2019 Qualifying Period in order to help the Brevard County Supervisor of Elections Office meet its deadline. The Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Raymond to adopt Ordinance No. 14-2019. The motion carried 5-0. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting August 6, 2019 Page 2 of 2 ADJOURNMENT: There being no further business, the Meeting adjourned at 6:17 PM. Mia Goforth, City Clerk, CMC Bob Hoog, Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 Item No. 2 Subject: Resolution No. 2019-11; appointing members to the Community Appearance Board and Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Marlene Woodside, Geoffrey Zuercher and Dr. Michael Miller) Department: Legislative Summary: At its May 29, 2019 Meeting, the Community Appearance Board (CAB) interviewed Applicants to fill vacancies and voted to recommend Marlene Woodside and Geoffrey Zuercher for appointment. At its June 30, 2019 Meeting, the Planning and Zoning (P&Z) Board interviewed an Applicant to fill a vacancy and voted to recommend Dr. Michael Miller for appointment. One of the CAB vacancies is for an existing 3-year term that is scheduled to end May 1, 2020 and one of the P&Z Board's vacancies is for an existing 3-year term that is scheduled to end September 15, 2020. In an effort to balance end -of -term dates on these Boards, Resolution No. 2019-11 (Attached) provides for both CAB Applicants' terms to end May 1, 2022 and the P&Z Board Applicant's term to end September 15, 2022. Adjusting end dates to stagger the terms of the entire Board is allowable under Section 2-171(f), City Code. Following completion of their first appointed terms, Ms. Woodside, Mr. Zuercher and Dr. Miller will be eligible for reappointment to their respective boards for one additional term, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon City Council to appoint members to the Community Appearance Board and Planning and Zoning Board. Submitting Department Director: Mia Goforth Date: 8/6/19 Attachment: Resolution No. 2019-11 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-11. Approved by City Manager: David L. Greene Date: 8/6/19 RESOLUTION NO. 2019-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE COMMUNITY APPEARANCE BOARD AND PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 established a Board known as the Community Appearance Board and by City Code Sections 58-56 and 110-3 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Boards. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Staggering the Terms of the Board. Pursuant to Section 2-171(f) of the Cape Canaveral City Code, in order to stagger terms of the Community Appearance Board, an existing vacant term, originally scheduled to end May 1, 2020, has been adjusted to end May 1, 2022 and in order to stagger terms of the Planning and Zoning Board, an existing vacant term, originally scheduled to end September 15, 2020, has been adjusted to end September 15, 2022. Section 3. Appointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the following boards: Marlene Woodside shall be appointed to the Community Appearance Board for an adjusted, existing 3-year term, to serve until May 1, 2022. Geoffrey Zuercher shall be appointed to the Community Appearance Board for an existing 3-year term, to serve until May 1, 2022. Dr. Michael Miller shall be appointed to the Planning & Zoning Board for an adjusted, existing 3-year term, to serve until September 15, 2022. Following completion of their first terms, appointees shall be eligible for reappointment to their respective board for one additional term consistent with the limitations set forth in Section 2-171(0, City Code. City of Cape Canaveral Resolution No. 2019-11 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of August, 2019. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2019-11 Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 Item No. 3 Subject: Request City Council approve the memorandum of understanding (MOU) for the East Central Florida Regional Resilience Collaborative (ECFR2C) approved by the East Central Florida Regional Planning Council (ECFRPC) on May 15, 2019 and authorize the Mayor to execute it on the City's behalf. Department: Community Development Summary: On September 19, 2018, the Board of the ECFRPC approved Resolution 03-2018, supporting a program to convene stakeholders across disciplines to develop the framework for a regional resilience collaborative. Participants of the collaborative consist of ECFRPC member counties, including Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter and Volusia. The City of Cape Canaveral has a long history with the ECFRPC. In 2009, the ECFRPC worked with the City to develop a vision and strategies for future development and redevelopment. More recently, the ECFRPC worked with the City via a grant from the Florida Department of Environmental Protection's Florida Coastal Management Program (FCMP) and the National Oceanic and Atmospheric Administration (NOAA) to assess the City's vulnerabilities to sea level rise and flooding. As a barrier island, the City believes impacts from sea level rise and flooding are an important issue, one that requires regional and national coordination. Investing in adaptation planning and projects that reduce risk and protect home values, highways, ports and other essential infrastructure is vital to our Community. The ECFRPC's regional resiliency approach positions it to collaborate with public and private partners across jurisdictional boundaries to develop and support all efforts to mitigate the impacts of natural and manmade shocks and stressors to our economy, human security, health and equity, natural environment and built infrastructure. Over the last several months, ECFRPC has been working to develop a structure, framework and memorandum of understanding to establish a regional resilience collaborative. The ECFR2C (Attached) was formalized on May 15, 2019 and provides an opportunity for a shared vision to increase and amplify our collective impact potential. Under the resilience umbrella, three pillars have been identified: (people) Health + Equity, (places) Built Infrastructure + Natural Environment, and (prosperity) Economic Resilience. Woven throughout those pillars will be a focus to reduce carbon emissions, risks and vulnerabilities and increase sustainability efforts. From here, the collaborative will work to engage local jurisdictions and agencies across the region to identify appropriate priorities and initiatives within the three pillars. By approving the proposed MOU, the City will be committing to the following items: 1. Commit appropriate Staff resources and expertise, within budget constraints, to participate with other members in facilitating and advancing the work of the Regional Resiliency Collaborative. 2. Work collaboratively to develop a Regional Resilience Action Plan that will identify specific initiatives with supportive and actionable data. 3. Work to align individual decisions and policies in service of a shared legislative regional resilience strategy developed by the Regional Resilience Collaborative. City Council Meeting Date: 08/20/2019 Item No. 3 Page 2 of 2 4. Work collaboratively to recognize and engage the regional community, involving a diverse stakeholder representation in developing policies and recommendations for implementation of the Regional Resilience Action Plan. 5. Participate in an annual regional summit to share knowledge, resources and progress on the collaboration. Staff recommends City Council approve the MOU for the ECFR2C approved by ECFRPC on May 15, 2019 and authorize the Mayor to execute it on the City's behalf. Submitting Department Director: David Dickey Date: 8/6/19 Attachment: /// The East Central Florida Regional Resilience Collaborative Memorandum of Understanding Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/ Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following actions: Approve the MOU for the ECFR2C approved by ECFRPC on May 15, 2019 and authorize the Mayor to execute it on the City's behalf. Approved by City Manager: David L. Greene Date: 8/6/19 The East Central Florida Regional Resilience Collaborative Memorandum of Understanding This memorandum of understanding (MOU) is entered into on this 15yh day of May, 2019 among the undersigned members of the East Central Florida Region. All Parties are collectively referred to as the members or collaborative members. Recalling the East Central Florida Regional Planning Council's (ECFRPC) resolution 03-2018 of 19 September 2o18, in which the unanimous decision was made by the ECFRPC Board to support a program to convene stakeholders across disciplines and the East Central Florida region to develop the framework for a regional resilience collaborative, herein including the undersigned Members that make up the eight counties and municipalities of Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia: 1. Express profound gratitude to the East Central Florida Regional Planning Council, Council Sub -Committee and Steering Committee, who have articulated the importance of establishing a collaborative framework for action and are committed to implementing resilience measures as a guiding principle to enhance the efforts of our local jurisdictions, individually and collectively, for the future; and 2. Endorse the East Central Florida Regional Resilience Collaborative and the aforementioned resolution, which is contained in Annex I to the present resolution. WHEREAS, the East Central Florida Region is home to more than 4.1 million residents as of 2018, approximately 20% of the population of the State of Florida, includes two of the four majority -minority counties in the State, hosts over 6o million visitors annually, and comprises one of the fastest growing metropolitan areas in the United States; and WHEREAS, while the East Central Florida Region remains a service -driven economy where 45% of households qualify as asset- limited, income- constrained, employed according to the United Way's 2018 ALICE report, it is also considered a globally competitive marketplace ranking 38th in the nation according to the Stats America Innovation Index, and is a top ten metropolitan region for various patenting technologies thus indicating a high level of innovation, driving wealth creation in the region; and VHEREAS, according to the East Central Florida Comprehensive Economic Development Strategy, the region has seven innovation clusters including tourism; aviation and aerospace; boats and other marine vessels; photonics; turbines; modeling, simulation and training; and telecommunications; which positions the region for a diversified and transformative future workforce and economy; and VHEREAS, water and natural resources are the foundation of communities and eco-tourism in the East Central Florida region and the protection of this biodiversity, its ecosystem services and the economic interdependencies are a critical issue facing the region; and VHEREAS, recent weather, natural and manmade events have resulted in increasing shocks and stressors to our economy, human security, health and equity, natural environment and built infrastructure; and VHEREAS, vulnerable and underserved people in our region are disproportionately impacted from the aforementioned events and from on -going stressors to their human security; and VHEREAS, additional and enhanced regional approaches are needed to build on current efforts and increase adaptive capacities to improve resilience in confronting shocks and stressors; and VHEREAS, this adaptation toward resilience must provide for the region's people, places, and prosperity in ways that promote mutual progress addressing risk exposure and vulnerability in conjunction with sustainability goals; and WHEREAS, to support further all efforts that continue to mitigate the increasing impacts of hazards and their complexity in the region, we must elevate ways to work cooperatively across disciplines to identify issues, using existing mitigation strategy research with additional technical expertise to identify ways to improve resiliency, while supporting the local mitigation strategy and post disaster recovery planning to include input to measure continual improvement in the process; and VHEREAS, the East Central Florida 2060 Strategic Regional Policy Plan identifies effects from climate change to our water availability, agriculture and food security, public health, infrastructure, natural resources, ecosystems services, and economy, and all are therefore appropriate subjects for this regional resilience effort; and VHEREAS, the resilience of East Central Florida Region's people, places and prosperity rely on interconnected and multi -modal transportation infrastructure, including the spaceport, space center, seaport, trails, rail and other transit systems, roadways and airports; and VHEREAS, promoting safe, affordable transportation, attainable housing choices, opportunities for safe physical activity, green and open spaces, local food systems, and clean energy use improves health outcomes and contributes to a region that is equitable and prosperous; and VHEREAS, promoting high- performing, energy- efficient and resilience targets and policies for our built infrastructure reduces the region's risks and vulnerabilities; and WHEREAS, promoting sustainable development that includes compact urban centers, preservation of agricultural landscapes, interconnected, multi -modal corridors, conservation areas, decreases the carbon footprint, increases our Members' fiscal sustainability and minimalizes conflicts in `wildland and urban interface' areas, further supporting emergency management efforts; and WHEREAS, the East Central Florida Region provides shelter during the evacuation of surrounding areas in times of disaster, and must plan effectively to accommodate future migration from high hazard areas; and WHEREAS, good health is essential and instrumental to human survival, livelihood and dignity, and addressing health disparities and externalities will foster advances in our health systems, increase access to services, and build a more resilient region; and WHEREAS, collaborating with public and private partners across jurisdictional boundaries will improve human and energy security and increase access to clean and affordable resources and sources of electricity and water; and WHEREAS, several of our jurisdictions and agencies have taken steps to become more sustainable and resilient while continuing to advance economically and socially, all parties recognize that a coordinated and collaborative approach building on current efforts will best serve the region; and WHEREAS, the development and success of a regional resilience collaborative depends on participation and commitment from cooperative networks and partnerships with local governments, federal, state and regional agencies, educational institutions, non -government organizations, philanthropic organizations, businesses, civil society, and other stakeholders to raise the level of our resilience; and WHEREAS, this collaborative approach will position the region, jurisdictions and agencies to plan better for resilience, meet state and federal regulations and guidelines, and enable greater access to long-term financing sources; ilOW, THEREFORE, we call all stakeholders to action, aware that the realization of the new resiliency framework depends especially on our unceasing and tireless collective efforts to make the region and state more resilient in the decades to come for the benefit of our own and future generations, BE IT RESOLVED, BY THE East Central Florida Regional Planning Council and the MEMBERS AS SIGNED BELOW, EACH MEMBER WILL COMMIT TO THE FOLLOWING: • Regional Cooperation — Create Productive Connectivity - Each member shall commit appropriate staff resources and expertise, within budget constraints, to participate with other members in facilitating and advancing the work of the Regional Resilience Collaborative. A steering committee appointed by the ECFRPC will identify and report on opportunities for providing sustainable solutions for the current and future resilience of our built and natural environment, economy, and health and equity. The steering committee will draw on strategies and processes that address resilience, organize and direct integrated scientific and other technical research and analysis, and organize and structure its work and procedures toward these ends. • Regional Resiliency Action Plan - Each member shall work collaboratively to develop a Regional Resilience Action Plan that will identify specific initiatives with supportive and actionable data. • Legislative Strategy - Each member shall work to align individual decisions and policies in service of a shared legislative regional resilience strategy developed by the Regional Resilience Collaborative. • Community Involvement - Each member shall work collaboratively to recognize and engage the regional community, involving a diverse stakeholder representation in developing policies and recommendations for implementation of the Regional Resilience Action Plan. • Annual Summit - Each member shall participate in an annual regional summit to share knowledge, resources, and progress on the collaboration. In addition, the East Central Florida Regional Resilience Collaborative will coordinate with other coalitions in the State of Florida to identify opportunities and fulfill the specific initiatives of the Regional Resilience Action Plan and collaborative. Approved for signature by the East Central Florida Regional Planning Council at a regular meeting, assembled in Orlando, Florida, on the fifteenth day of May 2019. Attest: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL John Lesman Chair, ECFRPC Hugh W. Harling, Jr. Executive Director ANNEX I East Central Florida Regional Planning Council 455 N. Garland Avenue, Orlando, FL 32801 Hugh W. Harling, Jr. P.E. Phone 407.245.0300 • Fax 407.245.0285 • www.ecfrpc.org Executive Director Resolution #03 -2018 ADOPTED AT A MEETING OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Support of Regional Resilience Collaborative WHEREAS, I certify that I am Chair of the East Central Florida Regional Planning Council (ECFRPC) duly organized under the laws of the State of Florida. WHEREAS, the following is a true and correct copy of a resolution duly adopted at a meeting of the ECFRPC on the i9th day of September 2°18, at which a majority of voting members was present, constituting a quorum and notice of said meeting was given in accordance with the Bylaws; and WHEREAS, the Council recognizes the clear relationship between emergency management, planning and economic development and aims to continue to fill gaps within the region and pursue initiatives that will achieve measurable improvements and stress the importance of disaster risk reduction in building resilience; WHEREAS, fostering resilience needs to be understood as a long-term effort and requires a holistic (whole systems approach) way of planning and preparation for the region; WHEREAS, we recognize that the East Central Florida Regional Planning Council meetings provide a unique opportunity to come together to showcase our region's innovative work addressing stressors and shocks which illustrate how the Council structure and staff can support these efforts; Executive Committee Chair Leigh Matusick Vice Mayor Volusia County League of Cities Vice Chair Jim Barfield County Commissioner Brevard County Secretary Garry Breeden County Commissioner Sumter County Treasurer John Lesman Gubernatorial Appointee Seminole County Member at Large Lee Constantine County Commissioner Seminole County Serving Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia Counties ,fOW, THEREFORE BE IT RESOLVED, that the East Central Florida Regional Planning Council reaffirms our commitment to regionalism and is supportive of a program to convene stakeholders across the region to develop the process and framework for a regional resilience collaborative (public, private, academia) to achieve a comprehensive and articulated approach that will position the Council as the mechanism for resilience. The Council further resolves to continue to actively engage in this process and encourage and participate in other resilience initiatives and enhance our contribution to sustainability efforts welcoming the opportunity to build capabilities and capacities at all levels. Adopted by the East Central Florida Regional Planning Council at a regular meeting, assembled in Orlando, Florida, on the nineteenth day of September 2018. Attest: Leigh Matusick Chair, ECFRPC EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Hugh W. Harling, Jr. Executive Director Executive `committee Chair Leigh Matusick Vice Mayor Volusia County League of Cities Vice Chair Jim Barfield County Commissioner Brevard County Secretary Garry Breeden County Commissioner Sumter County Treasurer John Lesman Gubernatorial Appointee Seminole County Member at Large Lee Constantine County Commissioner Seminole County Serving Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia Counties [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 Item No. 4 Subject: Request City Council review and accept the City's Vulnerability Assessment titled Resilient Cape Canaveral, created by the East Central Florida Regional Planning Council (ECFRPC) and funded by a grant from the Florida Department of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP), a National Oceanic and Atmospheric Administration (NOAA) approved program, which examines the impacts of sea level rise and flooding in the City of Cape Canaveral. Department: Community Development Summary: Coastal communities throughout Florida are facing increasing flooding and surge impacts that pose risks to critical facilities, community assets and the health/welfare of residents. Increased frequency and duration of flooding can occur because of sea level rise. As a result, the City has implemented a proactive strategy to assess its climate -related vulnerabilities and to begin the process of becoming more resilient. In 2018, the Florida Department of Environmental Protection's Florida Coastal Management Program (FCMP) and the National Oceanic and Atmospheric Administration (NOAA) awarded a grant to the City to assess current and future vulnerabilities related to sea level rise and flooding. Specifically, the grant was to identify vulnerabilities associated with flooding, sea level rise, storm surge and storm surge combined with sea level rise. Between October 2018 and May 2019, City Staff and the ECFRPC worked with the Community to fulfill the following project goals: • Vulnerability Analysis: to identify the social, economic and functional vulnerabilities facing the City from four natural hazards: storm surge, flooding, sea level rise and nuisance flooding. The combined impacts of sea level rise and storm surge were also analyzed. • Public Engagement: engage the Community in an educational manner to identify vulnerabilities, potential strategies for mitigating vulnerabilities and facilitate discussion concerning future development strategies and opportunities within the City. This included conducting two Community Workshops, an online survey (which produced a total of 239 respondents) and outreach with Cape View Elementary School. • Strategy and Policy Development: develop strategies for the City based on public input and best practices for integration into the formulation of Comprehensive Plan policies for compliance with SB 1094 (Peril of Flood — See page 3 of Vulnerability Assessment) to enhance resilience in the City. • Economic Impact Analysis: conduct an economic impact analysis of a "do-nothing" scenario as well as implementation of a project or strategy derived through the project to determine economic impacts of future conditions and the specific strategy on the City. As the Vulnerability Assessment is based on specific hazards, the methodology of the Assessment led to the establishment of base data generated largely from sea level rise projection models utilized by the United States Army Corps of Engineers (ACE) and the National Oceanographic and Atmospheric Administration (NOAA) (see table below). The planning horizons used in the modeling included the years 2040, 2070 and 2100. City Council Meeting Date: 08/20/2019 Item No. 4 Page 2 of 3 2040 2070 2100 ACE 1.22' 2.85' 5.15' NOAA 1.85' 4.47' 8.48' Starting on page 16 of the Assessment, a series of maps are included which indicate the ACE and NOAA sea level rise projections over the various planning horizons. Figure 16 and 17, on pages 19 and 20, shows a Category 3 hurricane storm surge added to ACE and NOAA sea level rise scenarios. Figures 20 and 21, on pages 26 and 27 show the City's roads which will be at risk over the planning horizons. The Assessment also considers the extent to which sea level rise will impact properties within the City. The following is a snippet of the data found in Table 7, found on page 30 of the Report: Acres in Zone Buildings in Zone Total Property Value 2040 ACE 150 17 $204 million 2070 ACE 242 54 $287 million 2100 ACE 664 288 $582 million 2040 NOAA 309 77 $326 million 2070 NOAA 600 194 $514 million 2100 NOAA 1148 1827 $1.31 billion Residential properties are projected to be the most impacted with 71 percent of vulnerable parcels in 2040 being residential. As sea level rise reaches further into the City between 2070 and 2100, more commercial and industrial properties are projected to be impacted. The final section of the Assessment includes strategies for incorporating resiliency into City plans, policies and programs. The strategies are based on input from the Community gathered from several public engagement initiatives,the City's Comprehensive Plan and recognized best management practices. Moving forward,the Council will be asked to consider resiliency goals and a number of strategic policy changes in order to better position the City for economic, environmental and social resiliency. This is in line with State Comprehensive Plan Coastal Management requirements (F.S.163.3178), and legislation via SB 1094 (Peril of Flood). At its July 30, 2019 regular meeting, the Planning & Zoning Board unanimously accepted the Vulnerability Assessment. An important point raised at this meeting is that the City has been and continues to be proactive with respect to becoming more resilient. Recent steps taken include shoreline hardening, the use of porous pavement in City construction projects, the installation of charging stations at public buildings and the purchase of hybrid and electric vehicles for the City fleet. Submitting Department Director: David Dickey Date: 8/6/19 Attachment: Vulnerability Assessment(Resilient Cape Canaveral) City Council Meeting Date: 08/20/2019 Item No. 4 Page 3 of 3 Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following action(s): Review and accept the City's Vulnerability Assessment titled Resilient Cape Canaveral, created by the East Central Florida Regional Planning Council (ECFRPC) and funded by a grant from the Florida Department of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP), a National Oceanic and Atmospheric Administration (NOAA) approved program, which examines the impacts of sea level rise and flooding in the City of Cape Canaveral. Approved by City Manager: David L. Greene Date: 8/6/19 [City Seal] RESILIENT CAPE CANAVERAL 2019 STORM SURGE I FLOODING I SEA LEVEL RISE I SEA LEVEL RISE + SURGE This report was prepared for the City of Cape Canaveral, the Florida Department of Environmental Protection and the National Oceanic and Atmospheric Administration by the East Central Florida Regional Planning Council. This report publication was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. NA16NOS4190120. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their sub -agencies. Table of Contents I. Executive Summary 1 II. Background 2 A. Project Goals 3 B. Legislative Connection 3 C. Regional Initiatives and Collaboration 4 III. Socio-Economic Profile 5 IV. Vulnerability Assessment 9 A. Shallow Coastal Flooding 9 B. Storm Surge 11 C. Sea Level Rise 14 D. Storm Surge with Sea Level Rise 18 E. Designated Flood Areas 21 F. Findings 23 1. Transportation Impacts 24 Storm Surge 25 Sea Level Rise 26 100-Year Flood 29 2. Land Use Impacts 30 Shallow Coastal Flooding 31 Storm Surge 34 Sea Level Rise 35 100-Year Flood 37 3. Critical Facility Impacts 39 4. Storm Surge with Sea Level Rise 42 V. Public Engagement 46 A. City of Cape Canaveral Stakeholder Workshop #1 I November 29, 2018 46 B. City of Cape Canaveral Stakeholder Workshop #2 I April 4, 2019 55 C. Public On -Line Survey 56 D. Youth Outreach I February 21, 2019 68 VI. Strategies for Incorporating Resiliency into City Plans, Policies and Programs 69 A. Infrastructure 69 B. Indian River Lagoon (IRL) and Banana River Lagoon (BRL) 70 C. Green Infrastructure and LID 71 D. Business and Home Protection 73 E. Community Engagement and Education 73 F. Comprehensive Plan and Development 75 VII. References 80 List of Tables and Figures Table 1: Socio-Economic Summary of Cape Canaveral 7 Table 2: Housing Affordability in Cape Canaveral 8 Table 3: Potential Storm Tide Heights in Brevard County (In Feet above NAVD88) 12 Table 4: Overview of Impacts to the Transportation Network 24 Table 5: Miles of Major Roadways Per Surge Zone 25 Table 6: Major Roadways Vulnerable to Sea Level Rise by Mile 28 Table 7: Hazard Overview by Acres, Building, and Value 30 Table 8: Land -Use by Acres in Shallow Coastal Flood Areas 31 Table 9: Shallow Coastal Flood Impacts by Financial Exposure 32 Table 10: Storm Surge Exposure by Future Land Use Classification by Acres 34 Table 11: Surge Impacts by Financial Exposure 34 Table 12: Sea Level Rise Exposure by Future Land -Use Classification by Acres 35 Table 13: Sea Level Rise Impacts by Financial Exposure 36 Table 14: Flood Zone Exposure by Future Land -Use Classification by Acres 37 Table 15: 100-Year Flood Zone Impacts by Financial Exposure 37 Table 16: Critical Facilities by Hazard 40 Table 17: Change in Category 3 Storm Surge Impact Area with Sea Level Rise 43 Table 18: Change in Category 3 Storm Surge Property Impacts with Sea Level Rise 43 Table 19: Inundation from a Category 3 Storm Surge with Future Sea Level Rise Projections at Critical Facilities.45 Figure 1: Social Vulnerability Index Score 2016 for Census Tract 686.01 5 Figure 2: Social Vulnerability Index by Census Tract 5 Figure 3: Very Low -Income Population Per Capita 6 Figure 4: Owner vs. Occupied Housing in Cape Canaveral 8 Figure 5: Historical Yearly Inundation Events (Trident Pier 1995-2017) 9 Figure 6: Maximum Daily Water Levels During the Highest Tide of the Year 9 Figure 7: Shallow Coastal Flooding Areas 10 Figure 8: South Florida Super Basin Model Counties (purple) 11 Figure 9: Storm Surge 11 Figure 10: Storm Surge Areas in Cape Canaveral 13 Figure 11: ECF Regional Resilience Action Plan Regional Approach to Sea Level Rise Planning 15 Figure 12: Stages of Stormwater Infrastructure Failure Due to Sea Level Rise 15 Figure 13: USACE Sea Level Rise High Curve Projections 16 Figure 14: NOAA Sea Level Rise High Curve Projections 17 Figure 15: Flood Assessment Tool Beta Version 18 Figure 16: Category 3 Storm Surge with USACE High Sea Level Rise Scenarios 19 Figure 17: Category 3 Storm Surge with NOAA 2017 High Sea Level Rise Projections 20 Figure 18: 100- and 500-Year Flood Zones Based on 2014 DFIRM 22 Figure 19: Roadways in Cat 1-5 Storm Surge Areas 25 Figure 20: Roadways Vulnerable to Sea Level Rise - USACE High 26 Figure 21: Roadways Vulnerable to Sea Level Rise - NOAA High 27 Figure 22: Roadways Located in the 100-Year Flood Zones 29 Figure 23: 2100 Sea Level Rise Impacts by Proposed Future Land -Use Category 36 Figure 24: Proposed Future Land -Use in the 100-Year Flood Zone 38 Figure 25: Critical Facilities Exposure to Natural Hazards 41 Figure 26: Category 3 Storm Surge with 1.70 and 2.5 Feet of Sea Level Rise 44 Figure 27: Critical Facilities as Noted by the Public 52 Figure 28: Resilience Strategies and Redevelopment Noted by the Public 54 RESILIENT CAPE CANAVERAL Executive Summary Executive Summary In 2018, the Florida Department of Environmental Protection's Florida Coastal Management Program (FCMP) and the National Oceanic and Atmospheric Administration (NOAA) awarded the City of Cape Canaveral a grant to assess natural current and future vulnerabilities in the City. The grant funding also provided the opportunity to develop strategies to enhance the City's short and long-term resiliency to climate -related hazards. This will also allow the city to comply with "Peril of Flood" legislation put forth by Senate Bill 1094 and consider the designation of Adaptation Action Areas (AAAs) within the City. Vulnerabilities addressed through this project include: flooding, sea level rise, storm surge, and storm surge combined with sea level rise. The over -arching goal of this report is to identify coastal vulnerabilities specific to the City of Cape Canaveral and provide recommendations to mitigate the effects of flooding, sea level rise and storm surge. Between October 2018 through May 2019, City Staff, along with staff from the East Central Florida Regional Planning Council, worked with the community to fulfill the following project goals: • Vulnerability Analysis: Identify the social, economic and functional vulnerabilities facing the City from four natural hazards: storm surge, flooding, sea level rise and nuisance flooding. The combined impacts of sea level rise and storm surge were also analyzed. • Public Engagement: Engage the community in an educational manner identify vulnerabilities, potential strategies for mitigating vulnerabilities, and facilitate discussion concerning future development strategies and opportunities within the City. • Strategy and Policy Development: Develop strategies for the City based on public input and best practices for integration into the formulation of comprehensive plan policies for compliance with SB 1094 (Peril of Flood) to enhance resilience in the City. • Economic Impact Analysis: Conduct an economic impact analysis of a "do-nothing" scenario as well as the implementation of a project or strategy derived through the project to determine economic impacts of future conditions and the specific strategy on the City. This document provides the following: methodology, data and analysis concerning the vulnerabilities to the City; the process and findings from the public engagement activities; strategies to be considered by the City for implementation and inclusion into the comprehensive plan and other City plans and documents; and the economic impact analysis which assessed the impacts of sea level rise on the City if no action was taken to alter the design of State Road (S.R.) A1A to reduce flood impacts to surrounding businesses. RESILIENT CAPE CANAVERAL BACKGROUND II. Background Coastal communities across Florida are encountering increasing flooding and surge impacts which pose risks to critical facilities, community assets, local/regional economics and the health/welfare of residents. Increased frequency and duration of flooding can occur as a result of sea level rise and can have impacts on vital infrastructure. This can result in malfunctioning drainage systems, insufficient stormwater storage, loss of access to facilities and economic losses to properties in the community and region (Council E. C., Space Coast Transportation Planning Organziation Vulnerability Assessment, 2018). Taking a hard look at current and future vulnerabilities, developing strategies across disciplines to mitigate, adapt or retreat from the impacts and implementing policies/programs aimed towards resilience and sustainability is not only what the City should do to become a resilient city but it is also required by state statue through Senate Bill 1094. Additionally, federal agencies such as the Federal Highway Administration (FHWA), Housing and Urban Development (HUD) and Federal Emergency Management Agency (FEMA) are now tying resiliency, flooding, future conditions from sea level rise and flooding to funding programs, making it more important for local jurisdictions and regional/state agencies to assess, plan and implement for the future of coastal communities. [Map of the City of Cape Canaveral] The City of Cape Canaveral, a barrier island community along the coast of A Brevard County, Florida is located immediately south of Port Canaveral (one of the world's busiest cruise ports), Kennedy Space Center and Cape Canaveral Air Force Station. It is located north of Patrick Air Force Base, making the City's resiliency and economic sustainability vital to Brevard County's workforce and tourism.The City faces impacts from sea level rise, storm surge and coastal flooding on two fronts as it is situated with the Atlantic Ocean to the east and the Banana River Lagoon to the west. S.R. A1A is a major thoroughfare and evacuation route which runs north-south through the City of Cape Canaveral and then turns west toward the mainland at the northern end of the City. S.R. 520, another major east- west connector and evacuation route from the barrier island is just south of the City of Cape Canaveral in the City of Cocoa Beach. The City is approximately 1.9 square miles with the highest elevation point at 10 feet above sea level. Cape Canaveral's core commercial areas are located along S.R. A1A and N. Atlantic Avenue. The portion of the City east of N. Atlantic Avenue and west of S.R. A1A is comprised predominately of residential properties albeit some public buildings and parks near the center of the City.The northern portion of the City includes industrial and some commercial near the Port. Although the City is nearly built out,there are many opportunities for redevelopment throughout the City, especially in the commercial corridor. In 2018,the Florida Department of Environmental Protection's FCMP and NOAA awarded the City of Cape Canaveral a grant to assess natural current and future vulnerabilities facing the City. The grant funding also provided the opportunity to develop strategies to enhance the City's short-and-long-term resiliency to climate-related hazards and comply with "Peril of Flood" legislation put forth by Senate Bill 1094 while considering the designation of AAAs within the City. Vulnerabilities addressed through this project and RESILIENT CAPE CANAVERAL BACKGROUND subsequently assessed include: flooding, sea level rise, storm surge and storm surge combined with sea level rise. The following report encompasses the various aspects of the project process, vulnerability analysis findings, engagement activities/feedback and recommendations for the City. A. Project Goals The over -arching goal of this resiliency plan is to identify coastal vulnerabilities specific to the City of Cape Canaveral and provide recommendations to mitigate the effects of flooding, sea level rise, storm surge and storm surge with sea level rise. Between October 2018 through May 2019, City Staff, along with staff from the East Central Florida Regional Planning Council worked together with the community to fulfill the following project goals: • Vulnerability Analysis: Identify the social, economic and functional vulnerabilities facing the City from four natural hazards: storm surge, flooding, sea level rise and nuisance flooding. The combined impacts of sea level rise and storm surge were also analyzed. • Public Engagement: Engage the community in an educational manner to identify vulnerabilities and for mitigating vulnerabilities, and facilitate discussion concerning future development strategies and opportunities within the City. • Strategy and Policy Development: Develop strategies for the City based on public input and best practices for integration strategies into the formulation of comprehensive plan policies for compliance with SB 1094 (Peril of Flood) to enhance resiliency in the City. • Economic Impact Analysis: Conduct an economic impact analysis of a "do-nothing" scenario as well as the implementation of a project or strategy derived through the project to determine economic impacts of future conditions and the specific strategy on the City. B. Legislative Connection Florida's 'Peril of Flood' Legislation Senate Bill 1094, enacted state legislation passed in 2015, is aimed at infrastruuture .M standardizing how coastal communities address climate -related rsio111 an ai n g r c ®I I Villnelabili"""'°° vulnerabilities. The law requires local coastal governments in the state cur i' ie ' r of Florida to include a 'Peril of Flood' component within the Coastal Ia illi fdenlilY ri$C, ',:_ Element of their Comprehensive Plans. The Coastal Element guides differen[ atab II hsL ee , , communities in the management of coastal resources and eliminates " Si aE" 1 -lea naa „a„a; _ NCI `Cftv l- i inappropriate and unsafe development in coastal areas in order to elfuris countyMates protect the health and safetyof its residents visitors. Data and maps po11T i t 1 updates / p 71fe8S-,-.•+..ka r u,:r-7rncy " "'r 'Ii developed as part of this study will be incorporated into the City of Cape Canaveral's Coastal Element in order to fulfill this state requirement. cernprellerislie --management ,..z assessment transportation Source:: Water Symposium of Florida Inc. Adaptation Action Areas RESILIENT CAPE CANAVERAL BACKGROUND Adaptation Action Areas Planning Guidebook For Florida's Local GOVERNMENTs In addition to Senate Bill 1094, House Bill 7207 was passed in 2011 as part of the Community Planning Act and included the "Adaptation Action Area" (AAA) designation for coastal communities. This optional designation is for "areas that experience coastal flooding and are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning for the purpose of prioritizing funding for infrastructure needs and adaptation planning." (Council S. F., 2014) C. Regional Initiatives and Collaboration On September 19, 2018, the East Central Florida Regional Planning Council unanimously adopted a resolution to develop a process and framework for a regional resilience collaborative in east Central Florida. To date, two committees have been formed; a Council Sub -Committee and a Steering Committee. The Steering Committee is made of up various disciplines across the region with the knowledge that the interaction of local residents will further enhance the creativity of resiliency strategies. This regional collaborative will help build capacity and establish a shared mission of goals uniting knowledge, lessons learned, and future endeavors. east central florida REGIONAL RESILIENCY ACTION PLAN The formation of the Regional Resiliency Collaborative was an outcome of East Central Florida Regional Resiliency Action Plan (ECF RRAP), which gathered stakeholders in Brevard and Volusia County to identify opportunities and gaps in planning for resilience and to facilitate discussion, collaboration and local actions over a five-year timeframe in order to address climate -related vulnerabilities and strategies. This report builds on the work developed as part of the Resiliency Action Plan and the Regional Resiliency Collaborative in a number of ways, including the use of the RRAP's Regional Approach to Sea Level Rise recommendation. Additionally, some of the recommendations included as part of this report are local government action items deemed relative to the City of Cape Canaveral originally identified in the Regional Resiliency Action Plan. "Coming together is a beginning; keeping together is progress; working together is success." — Henry Ford 5 RESILIENT CAPE CANAVERAL SOCIO-ECONOMIC PROFILE III. Socio-Economic Profile Social vulnerability is "how resilient a community is when confronted by external stresses on human health". Stresses can include natural disasters, disease outbreak and human disturbance; all of which can cause economic loss and human health impacts. The Center for Disease Control utilizes census data to identify census tracts that may need support in the preparation of hazards (Center for Disease Control, 2019). Figure 1: Social Vulnerability Index Score 2016 for Census Tract 686.01 0.5086 Socioeconomic SVI Score 0.4629 Houshold 0.4238 Minority/Language 0.894 Housing/Transportation Composition/Disability Source: CDC SVI, 2016 The Social Vulnerability Index is based on 14 social factors including vehicle access, poverty, demographics, housing and others grouped into four themes: • Socioeconomic • Household Composition/Disability • Minority/Language • Housing/Transportation Figure 2 illustrates Cape Canaveral's Social Vulnerability Index by Census Tract. The highest SVI score is found in Census Tract 686.01 (shown as the darkest color in Figure 2) with a 2016 Overall SVI score of 0.6419 which indicates a moderate to high level of vulnerability. The figure above illustrates the scoring in each of the four themes in this census tract with Housing/Transportation being the highest at 0.894. (ATSDR , 2019) Figure 2: Social Vulnerability Index by Census Tract 13 Over&I SVI - Cenmus lk u Overall SVI 0.7501 - 1 I Highest Vulnerability 0.5001 - 0.75 • 0.2501-0.5 0 - 0.25 !Lowest Vulnerability • Data Unavailable Cape Canaveral 6 RESILIENT CAPE CANAVERAL SOCIO-ECONOMIC PROFILE Data below reflects socio-economic estimates from the 2013-2017 Census American Community Survey (ACS). It should be noted, that as with many communities across the United States, income and property values are increasing and should be reassessed with the 2020 Census. Also, as the City continues to redevelop, various business ventures continue to come to Cape Canaveral. According to the latest Census data, the population in the City of Cape Canaveral (10,169) is expected to grow to over 10,500 by 2020. Nearly 36% of the population is over the age of 65, while 32% are between the ages of 44 and 64, indicating a continued trend toward an older population over the next 30 years. The average age in the City is 57 years of age. The City's minority population makes up 9% of its residents with nearly 28% of the City's residents classified as very low-income (ratio of income to poverty level — 150% and under). Fortunately, as shown in the map below (Figure 3), the higher concentration of the very low-income population is located in one of the least vulnerable areas of the City. This Census Block Group (120090686022) also has the highest percentage of single female with children households, no vehicle per occupied housing unit, and is inclusive of the Census Tract with highest population living with a disability. Additionally, in terms of vulnerable populations, approximately 17% of residents are living with a disability, thus increasing the likelihood that these individuals will need assistance in evacuation, special needs shelters, storm preparedness and potential improvements to their property to improve resilience. In 2018-2019, 371 students attended Cape View Elementary, 275 (74%) of which are from Cape Canaveral. With 10% of the population under the age of 18, the potential growth of the City would benefit by retaining this demographic. Engaging and educating them in the concerns associated with resilience and natural hazards would be a benefit in the years to come. Additionally, when considering social vulnerability, the City should engage in conversations with the family households as finding childcare when schools or daycares are closed due to storm damage could financially impact them as they struggle to return to work without childcare. Figure 3: Very Low -Income Population Per Capita Legend Ratio of Income to Poverty Level: 156,i and Under - Very Low Income Population per capita - ▪ 21.1% - 28.87% El 28_B7 % - 48.16% ▪ 48-18%- 48-16% (Source: ACS 2013-2017) 7 RESILIENT CAPE CANAVERAL SOCIO-ECONOMIC PROFILE Table 1:Socio-Economic Summary of Cape Canaveral Current Total Population (ACS 2013-2017): 10,196 Change in Population (Census 2000-2010) 1,043 Expected Population (Shimberg Center 2040) 11,441 [11Median Home Value (ACS 2013-2017) $200,000 Median Household Income (ACS 201 3-201 7) $41,250 Families Below Poverty Level (ACS 2013-201 7) 263 Households Below Poverty Level (ACS 201 3-201 7) 825 (1 5.5%) People Below Poverty Level (ACS 2013-201 7) 1,522 (14.9%) Population Under Age 18 1036 (10.2%) Population Age 65 and Over(ACS 201 3-201 7) 3,652 (35.8%) Single Female with Children 297 (3%) Population Living with a Disability 1,746 (1 7%) [2llndividuals who speak English less than Very Well (ACS 2013-2017) 141 (1.3%) [31Total Persons Unemployed (ACS 2013-2017) 196 Unemployment Rate (ACS 2013-201 7) 4.73 Occupied Household with No Vehicle (ACS 2013-201 7) 663 The average household income in Cape Canaveral is $41,250 with 15.5% of households living below poverty. According to US HUD and DOT, "Low Income Individuals" spend nearly 92% of their income on housing in Cape Canaveral. This includes related costs, as well such as utilities. "Median Income Families" are spending nearly 28% of their income on housing costs, just below the "cost burdened" threshold. However, when transportation is factored into housing costs, median income households are pushed into the severely cost -burdened category, with 50% of income being spent on housing and transportation, with Low Income Residents spending nearly 140%. COST BURDENED —THOSE WHO PAY MORE THAN 30% OF THEIR INCOME FOR HOUSING. SEVERLY COST BURDENED —THOSE WHO PAY MORE THAN 50% OF THEIR INCOME FOR HOUSING. (HUD) [1] The Census Bureau defines value as the "estimate of how much the property (house and lot, mobile home and lot, or condominium unit) would sell for if it were for sale. For vacant units, value was the price asked for the property". [2] Individuals age 5 and older who speak a language other than English at home and who speak English less than very well. [3] The Census Bureau defines the civilian unemployed population as "civilians 16 years old and over are classified as unemployed if they: (1) were neither "at work" nor "with a job but not at work" during the reference week, and (2) were actively looking for work during the last 4 weeks, and (3) were available to accept a job. 8 RESILIENT CAPE CANAVERAL SOCIO-ECONOMIC PROFILE Table 2: Housing Affordability in Cape Canaveral Location Affordability for a Median Income Households and Families Cape Canaveral, FL Percent of Income Spent on Housing and Transportation - Mec e Income Families 50.28% Percent of Income Spent on Housing - Median Income Families 27.6% Percent of Income Spent on Transportation - Median Income Families Sources: US HUD, DOT, LAI; US HUD & DOT LAI Location Affordability for a Very Low Income Resident Cape Canaveral, FL. Percent of Income Spent on Housing and Transportation - Low Income Individuals 22.68°u 139.26% Percent of Income Spent on Housing - Low Income Individuals 91.645o Percent of Income Spent on Transportation - Low Income Individuals Sources: US HUD and DOT 47.62% The City has a total of 8,954 housing units, a 40% vacancy rate and slightly more Owner -occupied housing units (56.7%) compared to renter -occupied housing units (43.3%). The City's renter population trends higher than the whole of Brevard County (28%). Renters, according to the 2013-2017 US Census ACS data, experience more cost -burden than owners as renters spend approximately 52% of their income on housing costs. This is representative of a high renter's rate and lack of affordable rental homes for lower income families. There are 65% of renters who pay over 30% of their income on gross rent (cost burdened), and 27% of households spending over 50% on gross rent (severely cost -burden). This indicates that renters, as a whole, represent a vulnerable population in terms of disaster preparedness and recovery in the City and are dependent on landlords to make improvements and repairs. While the majority of homeowners in Cape Canaveral actually spend less than 20% on housing costs, 25% of homeowners are cost -burden, 11% of which are severely cost - burdened. Approximately 263 households in the City are living below the poverty level. This is important in terms of social vulnerability because these families, as well as the cost - burdened families (including 65+ residents who are on a fixed income) may not have the available funds to properly prepare for or recover from hazards such as hurricanes, nor have the ability to make improvements to homes or properties to mitigate damage or flooding. These households may also be dependent on income from jobs that, after a disaster, may be closed for a period of time, thus, stressing the financial well-being of the household and ultimately the community. Figure 4: Owner vs. Occupied Housing in Cape Canaveral Owner vs Renter Occupied Total Renter Occupied Housing Units per occupied housing unit 43.3% Cape Canaveral, FL Total Owner Occupied Housing Units per occupied housing unit 56.7% Cape Canaveral, FL 71.98% Brevard County, FL Sources: US Census 2013-20I7ACS 28.02% Brevard County, FL 9 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT IV. Vulnerability Assessment As the goal of the vulnerability analysis and subsequent policy actions are based upon specific hazards, the methodology section of this report highlights the base data utilized and the general methods of analysis. The areas of vulnerabilities assessed for this report include: sea level rise, frequent flooding, storm surge and designated flood areas. Modeling by the Tampa Bay Regional Planning Council also assessed storm surge with the effects of sea level rise. It is important to note that as new LIDAR data becomes available, in addition to new modeling technology and parameters and advances in climate science, the data utilized in the vulnerability assessment will update in future years. Continuing to monitor the latest science and data and work with experts will be important for the City. A. Shallow Coastal Flooding NOAA's Coastal Flood Exposure Mapper provides data to visualize the potential scale and extent, not exact location, of inundation of low-lying coastal areas susceptible to flooding during extreme high tides, otherwise referred to as shallow coastal flooding or nuisance flooding. According to NOAA, extreme high tides occur a few times per year when the sun, moon, and earth align, or during storm events. Flood levels can increase due to rainfall or wind. Since the 1960's, the occurrences of high tide flooding (exceeding local thresholds for minor impacts to infrastructure) have increased 5-to 10-fold in several U.S. coastal cities. The coastal flood data utilized in this vulnerability was obtained from NOAA's Coastal Flood Exposure Mapper. The flood thresholds are derived national flood thresholds from NOAA Technical Report NOS CO-OPS 086: Patterns and Projections of High Tide Flooding along the U.S. Coastline Using a Common Impact Threshold (Sweet, 2018). NOAA is utilizing this data to replace the flood thresholds previously used in the tool from the National Weather Service (NWS) which take into account local flood risk and are used to issue NWS coastal flood watches, warnings and advisories. Trident Pier (Brevard County) is the Station relative to Brevard County. The NOAA NOS CO-OPS 086 report indicates the derived threshold in this area for minor flooding (high tide flooding is 0.55 meters [1.8 ft. above MHHW]). Due to the topography of Brevard County, these impacts can be realized on both sides of the Indian and Banana River Lagoons as well as along the beach side. Wind speed and direction, as well as storms, can make these conditions even worse. NOAA estimates that as sea level rises by 2050, flooding frequency may increase upwards of 85 Figure 6: Maximum Daily Water Levels During the Highest Tide of the Year days/year in the Southeast Atlantic and 50 364 days by 2100 under the intermediate scenario. The figures from NOAA show the historical yearly flood events at Trident Pier and the trend of rising water levels during the highest tide of the year since 1994. Figure 5: Historical Yearly Inundation Events (Trident Pier 1995-2017) Historical Yearly Inundation Events Trident Pier, FL Tide Gauge .8721604 Flooding begins at 1.8 ft MHHW (0.55m) 4 2 q10 0 6 4 20 1995 2000 2005 Year 2010 2015 10 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 7: Shallow Coastal Flooding Areas T; ANT:77, NO VS -•? Shallow Coastal Flood Areas 0.25 0.5 Miles COLDMBIA DR r.FI Fl,r .: SHORE., i-fN ROOF AVE -COD DR OAK LN CEtI i RAL BLVD '4M1 r I p KINGS LN CtHANDLER4' P CARO L IN E ST Gr P /u'illiam p E>finnix Park GE NT ERST HARBOR DR CORAL DR SURF CR Cherie Down Path Source(s): NOAA(Nuisance Flooding Zone) I,, "EPAtt D c"E$ri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community 11 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 8: South Florida Super Basin Model Counties (purple) B. Storm Surge Figure A SLOSH Basin is a geographical region with known values ofCLU land topography and ocean bathymetry. These set basins are used to simulate various hurricane tracks to estimate storm Usrep surge inundation in an actual event and/or a worst -case scenario. In 2017, the South Florida Super Basin became operational, spanning from the Tampa Bay Region, south through the Florida Keys, and north up through Cape Canaveral. This basin replaced 6 smaller basins across the region, including the Cape Canaveral Basin which had previously been used for Brevard and Volusia County SLOSH analysis. Having a larger basin more accurately depicts a surge created by a storm traversing a region, such as a storm that follows a coastline for an extended period of time (i.e. Hurricane Dennis in 2005 and Hurricane Matthew in 2016). Having higher resolution and updated elevation data is one of the major reasons for publishing an update to a basin as it improves the accuracy of the model's storm surge prediction. Higher resolution LiDAR data will result in higher grid size resolution thus improving surge representation. In addition, it highlights any physical changes made to the coast from recent storms. In 2017, the state of Florida conducted a new SLOSH Super Basin Model to update storm surge data for Brevard County, along with counties to the south. This new data provides a more accurate analysis and includes smaller grid sizes to process the SLOSH model. This updated data was used in this assessment. Figure 9: Storm Surge Source: Onslow County, NC t•FiR SF 12 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 3: Potential Storm Tide Heights in Brevard County (In Feet above NAVD88) *Storm Strength Surge Heights** Brevard Category 1 Up to 6' Category 2 Up to 10' Category 3 Up to 16' Category 4 Up to 21' Upto26' *Based on the category of storm on the Saffir-Simpson Hurricane Wind Scale ** Surge heights represent the maximum values from SLOSH MOMs Source: S. R. ES 2012 — Depth Atlas Storm surge can expose and degrade underground utilities and water mains (see picture below), destroy electrical equipment, wash away seawalls and revetment systems and can destroy entire portions of roadways and sidewalks. Coastal erosion, a side -effect of storm surge, can deteriorate the foundations of critical facilities located adjacent to water bodies resulting in requiring costly improvements. Storm Surge in Brevard County from Hurricane Irma Source: Florida Today 13 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 10: Storm Surge Areas in Cape Canaveral - Category 1 Surge Category 2 Surge I .I Category 3 Surge I I Category 4 Surge I I Category 5 Surge City Limits "E,_.H E AVE t,e C'zria•:errl .rreatnnC'rnplex Indian River Lagoon 1 Atlantic Ocean k J. 0 0.25 0.5 Miles — Source(s): SRES (Storm Surge Zone) Esri., HERE. Garmin, OpenStreetMap contributors, and the GIS user community 14 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT C. Sea Level Rise A regional, coordinated approach to planning for sea level rise is important as agencies and communities identify potential risks to infrastructure, plan for future land uses and determine appropriate mitigation and adaptation measures to minimize the risks of flooding and inundation. As part of the East Central Florida Regional Resiliency Action Plan, the Planning for Sea Level Rise Sub -Committee, comprised of federal, regional and local experts, academia and planners across sectors, developed a regional planning approach to sea level rise. The purpose of this approach is to provide local governments and regional agencies with a coordinated and vetted method to planning for sea level rise. The recommendation is as follows - No one projection rate curve should be used for planning purposes across all projects and programs. Instead, a range of rise should be considered based upon the vulnerability, allowable risk, project service life and the forecast project "in-service" date of a facility or development. The range should include a minimum rise of 5.15 feet by 2100 (2013 USACE High) with an upper range of 8.48 feet by 2100 (2017 NOAA High). Short-term planning should consider impacts out to 2040 (20-year planning horizon), medium -term planning should consider impacts out to 2070 (50-year planning horizon), and long-term planning should extend out to 2100 (80-year planning horizon). (Council E. C., East Central Florida Regional Resiliency Action Plan, 2018) The two projection rate curves are derived from National Oceanographic and Atmospheric Administration (NOAA) 2017 and the US Army Corps of Engineers (USACE) 2013 data. The Sea Level Scenario Sketch Planning Tool was developed by the University of Florida (UF) GeoPlan Center for the Florida Department of Transportation (FDOT) to determine future sea level rise inundation areas utilizing U.S. Army Corps of Engineers (USACE). The USACE data were obtained via download from the UF GeoPlan Center. This analysis used the "modified bathtub model that applies a hydrologic connectivity filter to remove isolated inundated areas not connect to a major waterway". The resulting inundation files represent the specific projection rate curve mapped on top of Mean Higher High Water (MHHW). More details concerning the methodology utilized by the University of Florida can be found at the following link: https://s1s.cieoplan.ufl.edu/documents-links/. As the GeoPlan Center currently only has NOAA 2012 data, updated 2017 NOAA data were downloaded from NOAA's Digital Coast Sea Level Rise Viewer which depicts the potential inundation of coastal areas resulting from a 1-10 foot rise in sea level above current MHHW conditions. These data were produced using a modified bathtub approach that accounts for local and regional tidal variability and hydrological connectivity. Two source datasets are used to create the final inundation data: Digital Elevation Model (DEM) of the area and a tidal surface model that represents spatial tidal variability. Again, these data does not account for erosion, subsidence or any other future changes in an area's hydrodynamics. A detailed methodology for producing these data as well as references to data accuracy can be found at the following link: http://www.csc.noaa.gov/slr/viewer/assets/pdfs/Inundation Methods.pdf Data utilized in the analysis illustrates inundation as it would appear during the MHHW (excluding wind driven tides) in accordance with the amount of sea level rise portrayed. 15 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 11:ECF Regional Resilience Action Plan Regional Approach to Sea Level Rise Planning Sea Level Rise Projections Through 2100 REGIONAL RESILIENCY 9 8.A; 8 w 7 6 5 5.15 4 w 4 w O 3 2.85 u_ 2 1.8 1 0 1.22 0 1992 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 -NOAA 2017 High 0 0.08 0.44 0.8 1.29 1.85 2.57 3.46 4.47 5.69 6.97 8.48 USACE 2013 High 0 0.09 0.26 0.5 0.83 1.22 1.69 2.23 2.85 3.54 4.31 5.15 For the purpose of assessing sea level rise vulnerabilities on the City, the ECFRRAP regional approach was used as the parameters for the assessment. The planning horizons for the City of Cape Canaveral include 2040, 2070 and 2100. The maps on the following pages illustrate the potential areas of impact based upon the NOAA and the USACE projection rate curves for the specific planning horizons. It is important to note that these maps show areas that will be inundated during MHHW, but effects may be seen prior to inundation through increased erosion and wave action, as well as failure of the stormwater systems. Using depth data provided through the GeoPlan Center in regard to the USACE curves, the City can expect to encounter 28 inches of inundation by 1.22 feet of sea level rise (2030-2040), 47 inches with 2.85 feet of rise (2050-2070), and 75 inches of inundation with just over 5 feet of rise (2080-2100). Figure 12:Stages of Stormwater Infrastructure Failure Due to Sea Level Rise Fully Operating System Stage 1:Salt Water Plug Stage 2:Fresh Water Flooding After Precipitation Stage 3:Salt Water Flooding Legend Ground Sky Fresh Water Salt Water Stormwater Drainage Infrastructure Source:Stetson University 16 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 13: USACE Sea Level Rise High Curve Projections 2040 Hazard Zone 2070 Hazard Zone 2100 Hazard Zone Indian River Lagoon LUr.11VA DR `) SHORE TIN ROOF AVE itJL D' ChANDLER CAROLINE ST vti' ilia m F%nnix Park HARBOR DR CORAL DR Atlantic Ocean --- Source(s): OF GeoPlar (USACE Sea Level Rise) Esri, HERE Garmin,l© OpenStreetMap contributors, and the GIS user community 17 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 14: NOAA Sea Level Rise High Curve Projections 0 2040 Hazard Zone 2070 Hazard Zone 2100 Hazard Zone 2040 —1,85 feet sea level rise 2070 — 4.47 feet sea level rise 2100 — 8.48 feet sea level rise Indian River Lagoon 0.25 0.5 Miles Atlantic Ocean --- Source(s): OF GeoPlan (NOAA Sea Level Rise) Esri, HERE, Garminf© OpenStreetMap contributors, and the GIS user community 18 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT D. Storm Surge with Sea Level Rise The Tampa Bay Regional Planning Council developed an ArcGIS Add -In Tool to model how future sea level rise conditions effect surge based on new National Hurricane Center (NHC) SLOSH "super basins" that provide greater resolution of data for storm surge modeling. The model uses the latest South Florida Super Basin SLOSH data for Brevard County. The model allows users to analyze certain levels of sea level rise (ex: 4 feet) dependent on what horizon SLR curve they choose. The model is agnostic and all that is required is to choose the future surface rise. The model is referenced to NOAA tidal gauges for tidal variability. The model uses the future sea surface determined by project designers; however instead of being referenced to MHHW, the SLR was referenced against Mean Sea Level (MSL). SLOSH basin data is referenced to high tide, so using MHHW and surge together would be like "double-dipping". The data the model uses is comprised of a Digital Elevation Model (DEM), SLOSH Basin, Sea Layer with hydrologic connectivity, and NOAA tidal gauges. It is important to see the effect sea level rise has on coastal and tropical storms. Sea level rise in the near term is not dramatic when viewed on its own. However, coastal storm run-up and storm surge can be pushed past a tipping point when sea levels are higher than today. A Category 1 storm could become a Category 2 or perhaps a Category 3 storm by today's standards. The analysis conducted for this vulnerability assessment focused on a base Category 3 storm with USACE High and NOAA 2017 High projection curves for 2040, 2050, 2070 and 2100. The maps on the following pages represent the model outputs for both projection curves. Figure 15: Flood Assessment Tool Beta Version Flood Assessment Toalset O El File Options Run Help Inundation l pemographics Economics ype of run? SLR Only ' SLR with Surge Rain Event Vaster Resolution: Rain Amount: SLR Projected Hgt: LR Reference_ Correct DEM Tropical All Storms Directional" Ways Acticn a Feet Meters Sustained Winds: 0 Category: 0 Storm Direction: 19 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 16: Category 3 Storm Surge with USACE High Sea Level Rise Scenarios Cat 3 with 1.70 foot SLR (2050 USACE) Cat 3 with 2.85 feet SLR (2070 USAGE) Cat 3 with 5.15 feet SLR (2100 USACE) Source(s): SRES (Storm Surge Zone) in, © OpenStreetMap contributors, and the GIS user community 20 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 17: Category 3 Storm Surge with NOAA 2017 High Sea Level Rise Projections Cat 3 with 2.5 feet SLR (2050 NOAA) Cat 3 with 4.5 feet SLR (2070 NOAA) Cat 3 with 8.5 feet SLR (2100 NOAA) Source(s): SRES (Storm Surge Zone) in, © ©penStreetMap contributors, and the GIS user community 21 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT E. Designated Flood Areas The FEMA Digital Flood Insurance Rate Maps (DFRIM) from 2014 were used to conduct the assessment of assets located in the 100- and 500-year flood zones as well as the VE (Coastal areas with a 1% chance or greater of flooding and additional hazard associated with storm waves) zone. DFIRMS data indicates flood risk information derived from Flood Insurance Studies (FISs), previously published Flood Insurance Rate Maps (FIRMs), flood hazard analyses performed in support of the FISs and FIRMS and new mapping data, where available. According to FEMA, over time as various conditions change from construction and development and as environmental and watershed conditions change, flood risks also change. For this reason, FEMA has been in an effort to conduct a RiskMAP Coastal Restudy for Brevard County which includes revised DFRIMS. As of the time of this analysis, the study and revised DFIRMS have yet to be reviewed and adopted (October 2018). It is recommended that after the DFIRMS are adopted, an analysis should include areas added to the flood zones. The City of Cape Canaveral's 100-Year flood zones are generally located along the two (2) coastlines (river side and ocean side) with some areas cutting into the center of the City. The 500-year zone encompasses a larger swath on the east side of the City and some areas to the northwest. This flood zone is similar in extent and area as the current Category 3 Storm Surge area. 22 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 18: 100- and 500-Year Flood Zones Based on 2014 DFIRM Zone VE (100 Year) Zone AO (100 Year) Zone AE (100 Year) 500- Year Zone Indian River Lagoon 0.25 0.5 Miles kEN7 ti Atlantic Ocean A Source(s): FEMA{Flood Zones) lEPARt Esri, HERE Garmin,p OpenStreetMap contributors, and the GIS user community 23 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT F. Findings The findings section of this report provides an overview, maps and tables of potential impacts to critical facilities, transportation infrastructure and takes a look at vulnerable land uses and their values. The hazards addressed include: 1) Shallow Coastal Flooding Areas 2) Storm Surge 3) Sea Level Rise 4) Future Storm Surge with Sea Level Rise and 5) FEMA 100--Year Flood Zone. Shallow Coastal Flooding Shallow coastal flooding areas are low lying areas that flood during higher than average tide events. Storm Surge Storm surge occurs when hurricanes and tropical storms raise water levels in coastal areas which is pushed on shore. Sea Level Rise Sea level rise is occurring at an alarming pace along Florida's east coast. This is a long-term hazard. Surge + Sea Level Rise Referred to as the "Combined Hazard Zone", this includes the long-term effects of surge plus sea level rise. 100-Year Flood The 100-year flood zone depicts areas that have a 1% annual chance of flooding. FEMA provides this data. 24 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 1. Transportation Impacts Roadways are susceptible to degradation across multiple fronts as a result of natural hazards.This includes cracking over long periods of time from the deterioration of surrounding lands or substrate due to flooding, storm surge and wave action. As a result, roadways are likely susceptible to the effects of sea level rise prior to the "horizon year" of roadway surface inundation noted the table below. This may heighten the risk profile of roadways to a greater degree than what is shown under the sea level rise and combined hazard zone analyses in this report. Additionally, as roadways were not designed to be inundated, especially with salt water, even only a few inches of flood water for multiple days can put the integrity of roadways at risk and increase accessibility issues throughout the community, thus impacting everyday activities, economic vitality of the area and emergency operations. Impacts should not only just be considered to the roadway itself but also the utilities that are associated with the roadway in its rights- of-way (ROW) or underground. The table below summarizes the impacts to roadways within the City of Cape Canaveral by hazard and subdivided by FDOT classification, thus indicating the potential responsible agency. Local roadways, many of which fall under the purview of the City, are expected to experience the greatest amount of inundation from sea level rise, though complete inundation in some areas is not expected until closer to 2070 under the NOAA high curve (nearly three (3) miles of roadway near the center of the City). While these roadways do not have the capacity of larger roadways, disruption to these routes from flooding can affect day to day activities and emergency response times and cut off entire sections of the City. It will be important for the City to share the vulnerability assessment with those responsible for private roads in the City as maintenance and improvements to these roads do not fall under City purview. Impacts along S.R. A1A are not considered extensive in terms of mileage, however loss or damage of the corridor can have drastic effects on all aspects of the community as this corridor serves as the transportation spine of the City and provides access to the mainland and into the City. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the Category 1 storm surge line. While minimal roadways are located in the CHHA, the City begins to see impacts to roadways with a Category 2 surge. As sea level rises, the extent and depth of storm surge is expected to increase, thus potentially changing the areas classified as the CHHA and other surge zones and impacting more roadways. Table 4:Overview of Impacts to the Transportation Network NOAA NOAA NOAA USACE USACE USACE Roadway Storm 100 Year Coastal SLR SLR SLR SLR SLR SLR Surge Flood Flood Classification CHHA Year Year Year Year Year Year Zone Area (FOOT) 2040 2070 2100 2040 2070 2100 Principal Arterial <0.1 0.6 1.1 0.8 <0.1 Other-Rural&Urban Major Collector Rural&Urban 0'9 Minor Collector Rural&Urban <0.1 2.4 <0.1 Local-Minor Roads <0.1 2.6 27 4.7 2.9 Evacuation Routes <0.1 0.6 1.1 0.8 <0.1 Source:2018 FDOT RCI 25 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Storm Surge Figure 19: Roadways in Cat 1-5 Storm Surge Areas - Calcgory 1 Surgc I— category Surge Category 3 Surge Category 4 Surge Category 5 Surge [1 ci,y L mi,s Projected roadway innurdation follows hazard zone color coding Indian River Lagoon 0 25 0.5 Atlantic Ocean. The map illustrates how every roadway in the City is vulnerable to a Category 2-5 storm surge. The total miles of roadway vulnerable to surge by category is as follows: Category 2 — 4 miles of roadway Category 3 — 32 miles of roadway Category 4 — 87 miles of roadway Category 5 —136 miles of roadway Major roadway impacts are shown in the table below. It should be noted that the total miles of roadway do not indicate a continuous stretch of impact but could represent smaller segments across the corridor. Major roadways were determined per FDOT classifications other than local roads. Impacts to all roads, including local roads, can be found in the database provided to the City. Table 5: Miles of Major Roadways Per Surge Zone Road Name Cat. 1 Surge Projected Inundation Cat. 2 Surge Projected Inundation Cat. 3 Surge Projected Inundation Cat. 4 Surge Projected Inundation Cat. 5 Surge Projected Inundatio, S.R. A1A* 0.16 1.03 1.91 3.41 Washington Avenue 0.38 0.46 0.46 Central Boulevard 0.66 0.97 0.99 Ridgewood Avenue 1.02 (2 segments) 1.28 (2 segments) 1.28 (2 segments) *Indicates Evacuation Route Source: 2018 FDOT RCI 26 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Sea Level Rise Figure 20: Roadways Vulnerable to Sea Level Rise - USACE High 2070 Road at Risk 2100 Road at Risk 2040 Hazard Zone 2070 Hazard Zone 2100 Hazard Zone 2040 —1.22 feet sea level rise 2070 — 2.85 feet sea level rise 2100 — 5.15 feet sea level rise Indian River Lagoon 0 0.25 0.5 Miles -mac —S LN L S HO RFp rrN ROOF AVE too D' CHANDLER CAROLINE ST V iLJaam E nri Park ~1 HARBOR OR CORAL DR SURF DR Chem Down Pa Atlantic Ocean LFhND r; Esri, HERE, Garmin,f© OpenStreetMap contributors, and the GfS user community 27 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 21: Roadways Vulnerable to Sea Level Rise - NOAA High 0 -7416\ 2040 Road at Risk 2070 Road at Risk 2100 Road at Risk 2040 Hazard Zone 2070.Hazard Zone 2100 Hazard Zone 2040 —1.85 feet sea level rise 2070 — 4.47 feet sea level rise 2100 — 8.48 feet sea level rise 0.2E 0a II Iles Esri. HERE. Cgrmi.r.r Cpe-S reef:'a,_ cc^:riL.Ltc+s. src the GPS :.s€r 28 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 6: Major Roadways Vulnerable to Sea Level Rise by Mile Road Name Classification USACE 2040 Projected Inundation USACE 2070 Projected Inundation USACE 2100 Pr,_ Inundation Central Boulevard <0.1 Astronaut Boulevard (S.R. A1A)* 0.82 Ridgewood Avenue Washington Avenue Source: 2018 FDOT RCI *Indicates Evacuation Route When analyzing impacts to roadways from sea level rise, using both the USACE and the NOAA High curves, significant inundation may be realized by 2100. There is a tipping point between 2070 and 2100 when more impacts will be felt as inundation begins to affect a larger portion of the City through the eastern areas. Most of the impacted roadways are local roads (with the exception of S.R. A1A in the northern portion of the City). As no roads are anticipated to be inundated by 2040 in either scenario except a minor portion of S.R. A1A, the City has time to assess strategies that take into account risk, return on investment and overall long-term resiliency when addressing vulnerabilities to roads. It should be noted however, that just because the roadway will not be impacted during high tides as sea levels rise, as stated earlier, the integrity of the roadway may be compromised as flooding, erosion and inundation may impact surrounding land. By 2100, when considering all roadways impacted in the City under both USACE and NOAA, approximately 6-31 miles of roadway will be inundated by sea level rise. NOAA 2040 nriatiOn NOAA 2070 fl o1ec Inianriptinn NOAA 2100 nuftd; .i0!1 <0.1 0.87 <0.1 0.59 1.7 (2 segments) 1.2 (2 segments) 0.38 This image shows how erosion and flooding can begin to impair the integrity of roadways long before inundation occurs and also cause damage the underground utilities. 29 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 100 - Year Flood Zone Less than one (1) mile of major roadways are located in the 100-Year Flood plain, however, as depicted on the map, the most vulnerable roadways to the 100-Year flood are local roads along the eastern coast of the City. Nearly four (4) miles of total roadway are vulnerable to a 100-year flood, approximately three (3) miles of which are local, residential roadways. The flooding of these roads during a storm would ultimately cut off access to and from this section of the City. As these roadways are also vulnerable to surge and sea level rise, creative stormwater mitigation techniques may be a valuable strategy in this area from increasing permeability and retention on -site to acquiring property for water detention that could become part of a hybrid green/gray stormwater system. Figure 22: Roadways Located in the 100-Year Flood Zones Maws RD LA'l Jrl(+LY! Roadways in 100- Year Zone Zone VE (100 Year) Zone AO (100 Year) Zone AE (100 Year) 0.25 0.5 Miles S H( p. t11.;5 LIJ I.: --- Source(s): FEMA (Flood Zones) Esri, HERE, Garmin; ) OpenSlreetMap contributors, and the GIS user community 30 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 2. Land Use Impacts Cape Canaveral's private and publicly-owned properties are at risk to a diverse range of natural hazards, with figures exceeding$1.4 billion dollars (does not include the combination hazard zone) and 1,200 acres of exposure in current property value for all five of the hazards covered in this report. The table below illustrates the number of acres of land each Hazard Zone, the number of units (condos are included), property value and the number of undeveloped acres. Data for land use and property information is derived from the Brevard County Property Appraiser's Office (2018) and the City's 2019 future land use (FLU) data. As the City, at the time of this report, was processing changes to future land use designations of some properties, data also reflects proposed designations. Some items of this analysis to note included: • Coastal flood impacts more undeveloped acres than all 100-Year Flood Zones. • In both sea level rise curves, a tipping point occurs between 2070 and 2100. • Nearly 97% of the City is vulnerable to surge from a Category 3 with 100%vulnerable to a Category 5 storm surge for a total of$1.4 million of potential financial exposure. Table 7: Hazard Overview by Acres,Building,and Value Hazard Zone Acres in Zone Buildings in Zone Total Property Value Undeveloped Acres in Zone All 100-Year Flood Zones 379 284 $559,463,730 130 Zone AE 195 69 $164,858,920 80 Zone AO 55 178 $85,500,220 8 Zone VE 128 37 $309,104,590 42 500-Year Flood Zone 1115 1935 $1,265,493,970 331 Sea Level Rise-2040(USACE) 150 17 $204,447,790 69 Sea Level Rise-2070(USACE) 242 54 $287,705,080 93 Sea Level Rise-2100(USACE) 664 288 $582,784,350 258 Sea Level Rise-2040(NOAA) 309 77 $326,874,310 120 Sea Level Rise-2070(NOAA) 600 194 $514,202,250 239 Sea Level Rise-2100(NOAA) 1148 1827 $1,319,876,980 338 Shallow Coastal Flooding Zone 275 38 $196,353,360 151 Storm Surge-Category 1 291 73 $339,260,380 117 Storm Surge-Category 2 373 96 $396,310,670 169 Storm Surge-Category 3 1051 1604 $1,237,561,640 332 Storm Surge-Category 4 1212 2105 $1,421,197,790 346 Storm Surge-Category 5 1214 2109 $1,422,862,530 346 Source:2018 Brevard County Property Appraiser Office 31 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Shallow Coastal Flooding Coastal flooding impacts each land use within the City with nearly 230 acres of developable lands projected to experience this increasing flooding hazard. This flooding is generally expected to occur along river -front properties and some other areas that are low-lying or have a canal/drainage. Residential comprises over half (55%) of the affected properties. There are approximately 46 acres of Conservation and 7.1 acres of Public/Recreation within the vulnerable area including Banana River Park and Manatee Sanctuary Park. The City should continue, as opportunities present themselves, to acquire properties along the water front to serve as buffers and mitigation areas, while also allowing for eco-tourism and recreational uses. Additionally, as the coastal flooding may increase erosion impacts on riverside properties, the City should work with the property owners to educate and provide opportunities for erosion reduction techniques. The image shows "Fourth Ward Park" in Atlanta, Georgia, a great example of this park concept. In this park, walkways traverse through stormwater ponds and native plants are used to absorb rainwater without diverting it into drains. Note: In the following land -use tables (due to the City currently in process of updating parcel land -use) the data in black font indicates the information currently adopted for land -use classifications; whereas the data in red font refers to the information relative to the currently proposed land -use designations. Table 8: Land -Use by Acres in Shallow Coastal Flood Areas C1 Commercial C2 Commercial Conservation M1 Industrial Public/ Recreation R1 Residential R2 Residential R3 Residential Acres in Coastal 63.8 18.4 46 16.5 7.1 0.8 117 Flooding 40 3.11 44.28 30.89 15.17 5'1 12.76 108.79 Area Source: City Future Land Use Outside of the general river shoreline, areas in the northwest segment of the City are most vulnerable to coastal shallow flooding. At this point in time, S.R. A1A is above the flood elevation. However, as sea levels rise, this shallow coastal flooding may impact the corridor. The City should work with FDOT to conduct surveying of this area to determine an appropriate strategy to address potential flooding of S.R. A1A as it relates to coastal flooding as well as complete inundation with sea level rise. Strategies may include elevating the road segment or the integration of green infrastructure to mitigate flooding. 32 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Coastal flooding is expected to impact the beach side in the northeast portion of the City, but not reach beach side properties themselves. This area may experience more erosion as a result of this flooding, in addition to storm surge and rising seas. The exception to this is the Solana Shores Condos in which stormwater pond areas may be susceptible to increased flooding. The northwest area of the City is vulnerable to the USACE sea level rise scenario through 2100 and also includes exposure to multiple hazards, including Category 1-2 storm surge and the AE flood zone, thus, making this general area the most vulnerable to flooding both in short- and long-term. From a City perspective, even if private property is mitigated to prevent flooding and condos redesign the first floor for parking or a floodway to allow for flooding during events, access to many of these properties will remain an issue that may require some short to mid-term flood mitigation strategies and potentially long-term acquisition or relocation from the areas. From a financial perspective, flooding can have a severe impact on affected properties due to accessibility and the need to mitigate structures or property. In the City, 63 parcels with 38 structures and a taxable value of nearly $155 million may be vulnerable to coastal shallow flooding. Other properties are located along the river; however, the modeling indicated such insignificant areas of impact that they were not included in this analysis as such findings could be attributed to model error. The map on page 34 illustrates the vulnerable properties by taxable value. As evident from the financial exposure map, there is a mix of values throughout the hazard area. It is important to note the potential impact from the financial exposure aspect of buildings such as condos, that have multiple units in one vulnerable building. From a build year perspective, the vast majority of exposed buildings were built after 1968 when flood insurance was first required from property owners in flood -prone areas. A total of only 4 of the 38 structures in the hazard zone were built before this critical date. Furthermore, 16 vulnerable buildings were built after the modern Florida Building Code went into effect. The table below depicts these building figures and the associated financial exposure by build year. Table 9: Shallow Coastal Flood Impacts by Financial Exposure Built Pre 1968 Built 1968- 2001 Built 2002 - 2018 Zone # Parcels in Zone Parcels w/ Buildings Taxable Value # Buildings Total Value # Buildings Total Value # Buildings Total Value Shallow Coastal Flooding Area 63 38 $154,505,434 4 $3,272,000 18 $14,067,290 16 $9,480,000 Source: 2018 Brevard County Property Appraiser Office 33 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 20: Shallow Coastal Flood Taxable Property Value Parcel Taxable Value $0 - $1,200,000 $1,200,000 - $2,400,000 $2,400,000 - $3,600,000 $3,600,000 - $4,800,000 $4,800,000 - $6,000,000 0.25 0.5 Miles vs COLUMBIA DR W OAK Lr4 KINGS LN Source: 2018 Brevard County Property Appraiser Office S H° Rc;, TIN ROOF AVE CHANDLER CAROLINE ST Vu ilium Bennix Park C:a na vE ra l City Park HARBOR DR CGRAL DR suRr OR Cherie Down Park Source(s): NOAA (Nuisance Flooding Zone) Esri, HERE, Garmin, OpenStreetMap contributors, and the GIS user community 34 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Storm Surge Nearly 97% of the City is vulnerable to surge from a 1 .,: ,T P -➢- Category 3 storm with 100% vulnerability to Category 5 , ' 7 , ' , storm surge, for a total of nearly $1.4 billion of potential financial exposure. Residential land uses are the most 1 , am " '\3 impacted to all surge categories ranging from 55% of r ' vulnerable parcels (Category 4-5) to 68% (Category 1). lilt x -- - -- t1. Fortunately, only 1% of buildings (2% of all vulnerable - _ parcels) are in the Coastal High Hazard Area (Category 1) and are the most vulnerable to surge. Nearly 70%of parcels and buildings are located on higher elevations and are vulnerable to Categories 4 and 5 storm surge. The number of acres for conservation lands that could be used to help mitigate surge and resulting erosion is consistent throughout the categories, indicating the conservation areas are located in a Category 1 surge zone. The City should work to increase this number along with the public/recreation areas that could serve as areas to capture or buffer surge to reduce impacts further inland. The majority of the housing stock was built between 1968 and 2001 which has the potential for greater damage from flood and wind due to older building standards. As homes are rebuilt either because of reinvestment or damage, they will need to be built to current standards. The City, in the areas most vulnerable to flooding from surge, nuisance flooding and sea level rise, may wish to require standards that will facilitate the raising of the first living floor well above flood levels or above a determined elevation above the crown of the road to minimize flood impacts. Table 10:Storm Surge Exposure by Future Land Use Classification by Acres C1 C2 M1 Public/ R1 R2 R3 Commercial Commercial Conservation Industrial Recreation Residential Residential Residential Category 1 20.4 12 45.94 13.7 14.87 184.2 29.42 10.86 53.16 22.76 5.92 175.13 Category 2 50.4 21.3 45.94 29.4 16.4 16 193.2 43.93 19.84 53.16 43.41 25.24 6.67 181.53 Category 3 182.4 70.3 45.94 114.6 30.9 92.7 192.2 322.2 153.28 65.8 53.16 125.27 41.86 83.88 227.22 303.87 Category 4 250.6 82.5 45.94 127.9 37.9 101.6 219.9 345.6 177.05 78.05 53.16 137.99 50.26 91.28 278 323.83 Category 5 251 82.5 45.94 129.3 37.9 101.8 219.9 345.6 177.05 78.05 53.16 139.02 50.26 91.28 278 323.83 Table 11:Surge Impacts by Financial Exposure Built Pre-1968 Built 1968-2001 Built 2002-2018 Storm #Parcels Number of Number Land Assessed Taxable #Buildings #Buildings #Buildings Surge Zone in Zone Buildings of Units Value Value Value Total Value Total Value Total Value 20 Category 1 102 73 1,154 $28,631,070 $339,260,380 $310,629,310 9 44$6,319,700 $202,506,150 $112,035,900 Category 2 137 96 1,246 $37,966,150 $396,310,670 $360,058,560 61 25 $7,309,110 $213,244,590 $151,191,840 Category 3 1774 1,604 4,608 $152,646,900 $1,237,561,640 $1,073,652,476 372 1,047 185 $142,731,250 $646,388,660 $402,271,960 Category 4 2315 2,105 5,169 $185,024,770 $1,421,197,790 $1,218,428,822 549 1,309 247 $184,412,630 $730,302,090 $457,173,050 Category 5 2319 2,109 5,220 $185,092,270 $1,422,862,530 $1,219,838,806 549 1,313 247 $184,412,630 $731,966,830 $457,173,050 35 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Sea Level Rise Property in the City is also susceptible to sea level rise. By 2040, projections show that rising seas will impact between 150 - 309 acres of land and 17-77 buildings (2,319 condo units), thus exposing upward of $204 million - $327 million of property value to sea level rise by 2100. By 2100, exposure may increase 400-800% as the tipping point for the City is between 2090 and 2100 or about 7-8 feet of sea level rise. Exposure under the NOAA High Cure, increases from 194 buildings in 2070 to over 1,800 in 2100 as the eastern portion of the City becomes inundated at this point. Using the lower boundary, USACE, land use exposure is primarily limited to the western portion of the City with just under 290 buildings and 664 acres impacted, by 2070. As stated earlier in the report, it is important to recognize that while some buildings or parcels may be at an elevation that keeps them from inundation, access to these areas may be impacted by flooding in its vicinity. Similar to other hazards, residential properties are the most impacted future land -use category with 71% of vulnerable parcels in 2040 being residential. As sea level rise reaches the S.R. A1A corridor and the commercial area between S.R. A1A and Atlantic Avenue by 2070-2100, more commercial and industrial areas are anticipated to be impacted by sea level rise. Increasing the amount of conservation or recreation lands that can help serve as buffers or other types of mitigation and adaptation strategies that can divert water and beneficial. protect developed properties would be Table 12: Sea Level Rise Exposure by Future Land -Use Classification by Acres C1 Commercial C2 Commercial Conservation M1 Industrial Public/ Recreation R1 Residential R2 Residential R3 Residential 2040 8.13 30.6 4.95 106.4 USACE Curve 8.17 0 37.91 0 5.7 0 0 177.17 2070 13.2 12 40.9 0 9.4 14.9 0 152 USACE Curve 22.67 10.86 48.15 0 10.07 5.92 0 219.9 2100 163.9 67.4 46 66.6 16.8 3.4 30.5 254.3 USACE Curve 121.3 62.88 53.16 82.99 27.19 11.44 78.52 383.3 2040 32.6 23.7 46 0 13.7 14.9 2.4 175.6 NOAA Curve 41.77 23.3 53.16 0 14.62 5.92 19.44 267.09 2070 148.5 57 46 64.2 16.4 16.9 28.6 222 NOAA Curve 111.09 52.6 53.16 80.63 17.78 10.02 93.17 341.96 2100 213.2 82.5 46 120.7 36.6 92.6 211.6 344.8 NOAA Curve 165.69 78.05 53.16 135.16 48.04 83.68 375.38 515.94 Source: City Future Land Use 36 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 13:Sea Level Rise Impacts by Financial Exposure Built Pre-1968 Built 1968-2001 Built 2002-2018 #Parcels Total Number Total Value of Parcels Buildings Buildings Buildings Horizon Year Number of in Zone of Buildings in Zone Total Value Total Value Total Value Units 2040 0 12 5 USACE Curve 32 17 685 $204,447,790 $0 $137,716,710 $66,731,080 USACE Curve 77 54 943 $287,705,080 $4,864,700 $180,791,880 $97,699,120 2100 379 288 2,319 $582,784,350 30 169 89 USACE Curve $35,760,270 $270,113,660 $251,518,800 NOAA Curve 111 77 1,136 $326,874,310 $6,3222,340 $208,516,070 $112,035,900 2070 265 194 2,000 $514,202,250 24 108 62 NOAA Curve $24,098,040 $250,921,090 $239,183,120 2100 2039 1,827 4,922 $1,319,876,980 467 1157 203 NOAA Curve $166,537,710 $693,694,830 $443,908,730 Figure 23:2100 Sea Level Rise Impacts by Proposed Future Land-Use Category USACE High 2100Figure 23: 2100 Sea Level Rise Impacts by Proposed Future Land -Use Category USACE High 2100 Commercial FLU Conservation FLU Industrial FLU Recreational FLU Residential FLU 0.25 0.5 .Mile AB F NOAA High 2100 Commercial FLU Conservation FLU Industrial FLU Recreational FLU Residential FLU Ci 05 !Mlles 37 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 100-Year Flood Zone Fortunately, less than 200 acres of property over 337 parcels and 284 buildings yielding approximately $560 million worth of property in the City are located in the 100-year flood zone. Residential properties comprise 71% of vulnerable parcels in the 100-year flood zone. While the AE zone has the largest number of acreages, the AO zone comprises the greatest number of parcels and buildings, vulnerable to the 100- year flood. The vast majority of building units are located in the"VE" zone.Approximately 85%of buildings in the 100-year flood zone were built prior to 2002, when new building codes were implemented. As flooding and storms become more frequent in the City, these buildings will most likely need to be retrofitted, mitigated or rebuilt to the new standards. Table 14: Flood Zone Exposure by Future Land-Use Classification by Acres C1 C2 M1 Public/ R1 R2 R3 Commercial Commercial Conservation Industrial Recreation Residential Residential Residential Zone AE 22.8 12 46 11.5 15.1 87.8 20.46 10.86 45.28 10.9 6.2 85.86 Zone AO 9.2 4.1 22.1 19.8 (100-Year) 9.46 3.82 20.74 20.1 Zone VE 5 123.4 (100-Year) 14.34 115.28 500-Year 238.4 60.1 46 120.1 38 98.1 205.2 309.4 (Includes 100- 180.39 66.59 95.99 130.77 73.7 100.37 302.24 435.47 Year) Table 15: 100-Year Flood Zone Impacts by Financial Exposure Built Pre-1968 Built 1968-2001 Built 2002-2018 Number Flood #Parcels Number Land Assessed Taxable #Buildings #Buildings #Buildings o Zone in Zone guildings of Units Value Value Value Total Value Total Value Total Value Zone AE (100- 91 69 614 $19,690,380 $164,858,920 $122,633,312 9 41 19 Year) $6,319,700 $83,202,860 $64,097,360 Zone AO 50 108 20 3T 196 178 432 $12,840,310 $85,500,220 $69,256,790 $22,896,420 $52,914,540 $9,689,260 Zone VE 2 31 4 50 37 999 $7,012,200 $309,104,590 $268,918,136 $1,131,000 $5,881,200 $73,940,900 500-Year 521 1,205 209 2138 1,935 4,570 $145,170,520 $1,265,493,970 $1,052,451,465 $169,936,210 $464,603,510 $390,545,860 Source:2018 Brevard County Property Appraiser Office and City Future Land Use RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 24: Proposed Future Land -Use in the 100-Year Flood Zone 60l T:AIJT ",r 0.25 Recreational FLU Residential FLU 0.5 Miles CENTRAL BLVD. W KINGS LN rFr. RC, i r u( CHANDLER' CARO L rN E ST Iv it liam Bennix Park KENT DR SHEPARD DREsri, HERE, Garmin J 11,1iF-3P. 1 0 SURF GF Source(s): FEMA (Flood Zones) OpenStreetMap contributors, and the GIS user community 39 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 3. Critical Facility Impacts The critical facilities analysis in this report details the risk posed to government operations and facilities that are vital to life, safety, health and the continuity of operations City-wide following storm events. Facility types in this analysis include HazMat facilities, utilities, lift stations, schools and governmental facilities. As shown in Table 16, no facilities are located in the 100-year flood zone or are vulnerable to shallow coastal flooding. All critical facilities are located in a Category 3-5 storm surge zone, with the exception of Lift Station 5, located on Columbia Drive, which is in a Category 2 zone. It would be beneficial for the City to prioritize mitigation efforts to raise the lift stations, or utilize other viable strategies, to ensure continued functionality of the stations following storms. Acquiring generators for all stations would also be advantageous for pre- and post -disaster planning. The majority of critical facilities also are not vulnerable to inundation by sea level rise until the year 2100 in both scenarios. The only exception to this are: Lift Stations 3, 5, 7 and 9, which are anticipated to be inundated by 2070 under the NOAA High Curve. While this analysis was based on exposure of the building footprint to each vulnerability, as noted previously in the report, access to these facilities should also be considered, especially in the northwestern portion of the City. Of special concern would be the Banana River Park Debris Staging area as, if the area is flooded due to high tides, it would not be useable for debris post -storm. Additionally, the Wastewater Collection System, the Water Reclamation Facility and the Community Services Building are located on parcels located in the low-lying area of the northwest quadrant. Source: Global Spec Source: Google Earth 40 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 16:Critical Facilities by Hazard Facility Facility Type Storm Surge USACE SLR NOAA SLR Flood Shallow Zone Horizon Horizon Zone Flood Area Lowest Earliest Earliest Banana River Park Debris Staging Area Waste Facility Category 4 2100 Brevard County Sheriff's Office Canaveral Law Enforcement Category 4 500 year Cape Canaveral City Clerk Government Category 5 Cape Canaveral City Hall Government Category 5 Cape Canaveral Culture and Leisure Services Government Category 5 Cape Canaveral Fire Department Station#52 Fire Service Category 4 2100 500 year Cape Canaveral Fire Department Station#53 Fire Service Category 4 500 year Cape Canaveral Public Library Government Category 4 2100 500 year Cape Canaveral Community Services and Transportation Category 3 2100 2100 Fleet Storage Operations Cape View Elementary School School Category 3 2100 500 year Columbia Electric Substation Utility Category 3 2100 500 year Craig Technologies HazMat Facility Category 3 2100 2100 500 year Lift Station 1(Washington/Magnolia) Utility Category 3 2100 500 year Lift Station 2(Center Street) Utility Category 3 2100 Lift Station 3(West Central) Utility Category 3 2100 2070 500 year Lift Station 4(Coquina) Utility Category 3 2100 500 year Lift Station 5(Columbia Drive) Utility Category 2 2100 2070 Zone AE Lift Station 6(Imperial Boulevard) Utility Category 4 2100 Lift Station 7(Central/Thurm) Utility Category 3 2100 2070 500 year Lift Station 8(Manatee Bay/Thurm) Utility Category 3 2100 2100 Lift Station 9(Banana River Drive) Utility Category 3 2100 2070 500 year Lift Station 12(Patriots Park) Utility Category 3 2100 2100 500 year Lift Station 13(Thurm Boulevard) Utility Category 3 2100 2100 500 year Lift Station 14(Villa Nova-Thurm) Utility Category 4 2100 Manatee Sanctuary Park Solid Waste Facility Waste Facility Category 4 2100 Pen Pals Childcare Center Day Care Category 3 2100 500 year Transmontaigne Terminal Bulk Fuel Storage HazMat Facility Category 4 United Stated Post Office(Cape Canaveral) Government Category 4 2100 41 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 25: Critical Facilities Exposure to Natural Hazards +'outer Rt, Parrk 2 Park Trans Montaigne Terminal Bulk Fuel Storage Columbia I*ric Substation ) Gape Canaveral Jire Department Station #52 Lift Station 6 (Imperial Boulevard) Banana River Park Debris StageArea Lift Station,7 (CentralfThurm) OUnited State Lift Station 3 (West Central) ost Office (Cape Canaveral) Manatee Sanctuary Park and Debris Staging Ar©Craig Technologies Lift Station 14 (Villa Nova-Thurm}})Lift Station 8' (Manatee BayfThurm) mLift Station 13 (ThurrMBoulevard) W Lift Station 5 (Columbia Dr) Cape Canaveral Comm, ServicesrV ter Reclamation Lift Station 12 (Patriots Park) 0 0 Lift Station 4 (Coquina) Cape View Elementary School ' 0 Lift Station 1 (WashingtonfMagnolia) Cape Canaveral Fire Department Station #53 0 Cape Canaveral City Hall CD Cape Canaveral City Clerk n 1Cape Canaveral Public Library Cape Canaveral Culture and Leisure S0rvicesBlard County Sheriffs Office Canaveral Exposure to Natural Hazards • Facility exposed to 1 of 4 O Facility exposed to 2 of 4 O Facility exposed to 3 of 4 • Facility exposed to 4 of 4 0.25 D.5 Mlles Lift Station 2 (Center Street) 0 (Banana River Dr) --- Source(s): City of Cape Canaveral (Critical Facilities) Esri, HERE. Gamin ,j® OpenStreetMap contributors, and the GIS user community This map depicts the number of vulnerabilities to which each of the City's critical facilities is exposed. Since all critical facilities in the City are located in a surge zone, each is vulnerable to at least one hazard. For this reason, future storm surge with increasing sea level rise was not included in the development of this map. 42 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT 4. Storm Surge with Sea Level Rise As sea levels rise, storm surge from hurricanes are expected to become higher and impact a greater extent of the City. This analysis explored the impact that rising seas would have on a Category 3 storm surge using the USACE High and NOAA 2017 High projection rate curves for 2040, 2050, 2070, and 2100. The GIS add -in tool will be available for further analysis upon completion of this report and it would be advantageous for the City or County to conduct further assessment of varying sea level increases with each storm surge category, especially the Category 1 surge zone which constitutes the Coastal High Hazard Area. Current Category 3 storm surge impacts approximately 795 acres (1.25 sq. miles) of the City or 58% of the City. As sea level rises to 8.5 feet, the extent of impact grows upward of 72% impacting nearly the entire City (99.9%) by 2100 under NOAA High. In thinking about the short-term, by 2040, sea level is expected to rise approximately 1.22-1.85 feet. This would increase the areas impacted by a Category 3 storm surge by 38-42%. Analysis shows that a rise of 4.5 feet, estimated to occur between 2070 (NOAA High) and 2090 (USACE High), will ultimately be the point in which a current Category 4 zone will become the new Category 3 zone. It is expected that by 2050 with 1.7 — 2.57 feet of sea level rise, Category 3 surge heights could reach between 16.3 and 17.3 feet and 17.5 feet and 18.7 feet by 2070, compared to the current potential of 16 feet of surge. Looking at depth data for this combined Storm Surge and Sea Level Rise zone, heights of inundation at each year and projection can be determined. These are estimations of how much flooding, in feet, would affect parts of the City. The depth data was applied to the list of Critical Facilities in order to produce inundation estimations. This information is useful for the City moving forward as another indicator to determine which facilities are appropriate for elevating or hardening and analyzing the remaining functional lifespan of the facility. Tables 17 and 18 illustrate the changes of impacts from a Category 3 surge as sea levels rise. The map on page 44 illustrates potential increase in Category 3 storm surge extent over the next 30 years with a 1.70 foot and 2.57 feet in sea level rise. Finally, Table 19 provides the projected depth of inundation of critical facilities based on the parameters in this section. 43 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 17: Change in Category 3 Storm Surge Impact Area with Sea Level Rise Zone Acres Percent Change Percent of City 2017 Category 3 1051 65.10% Category 3 1.7 foot SLR (USACE 2040) 1093.14 4% 89.51% Category 3 1.7 foot SLR (USACE 2040) 1125.4 7% 92.15% Category 3 1.7 foot SLR (USACE 2050) 1111.43 6% 91.01% Category 3 2.5 foot SLR(NOAA 2050) 1178.72 12% 96.52% Category 3 2.85 foot SLR(USACE 2070) 1192.64 13% 97.66% Category 3 4.5 foot SLR(NOAA 2070) 1219.31 16% 99.84% Category 3 5.15 foot SLR(USACE 2100) 1221.24 16% 100.00% Category 3 8.5 foot SLR(NOAA 2100) 1221.24 16% 100.00% Table 18: Change in Category 3 Storm Surge Property Impacts with Sea Level Rise Built Pre- 1968 Built 1968- 2001 Built 2002 - 2018 Zone # Parcels in Zone Number of Buildings Land Value Assessed Value Taxable Value # Buildings Total Value # Buildings Total Value # Buildings Total Value 2017 Category 3 1774 1,604 $152,646,900 $1,237,561,640 $1,073,652,476 372 $142,731,250 1,047 $646,388,660 185 $402,271,960 Category 3 1.7footSLR (USACE 2050) 1,998 1,789 $167,072,770 $1,320,207,690 $1,095,224,826 440 $157,404,110 1,148 $684,456,980 201 $430,922,120 Category 3 2.5 foot SLR (NOAA 2050) 2,206 1,983 $179,821,090 $1,380,988,400 $1,144,939,098 514 $177,553,110 1,239 $707,794,920 230 $447,039,250 Category 3 2.85 foot SLR (USACE 2070) 2,271 2,044 $182,143,900 $1,397,827,730 $1,157,230,922 601 $180,245,070 1,372 $715,216,350 236 $453,620,880 Category 3 4.5 foot SLR (NOAA2070) 2,342 2,104 $185,022,270 $1,421,783,790 $1,177,585,986 549 $184,412,630 1,310 $731,247,380 245 $456,813,760 Category 3 5.15 foot SLR (USACE 2100) 2,347 2,109 $185,092,270 $1,422,862,530 $1,178,570,466 623 $184,412,630 1,404 $731,966,830 247 $457,173,050 Category 3 8.5 foot SLR (NOAA 2100) 2,347 2,109 $185,092,270 $1,422,862,530 $1,178,570,466 549 $184,412,630 1,313 $731,966,830 247 $457,173,050 44 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Figure 26: Category 3 Storm Surge with 1.70 and 2.5 Feet of Sea Level Rise Category 3 Storm Surge Cat 3 with 1.70 feet SLR (2050 USACE) Cat 3 with 2.5 feet SLR (2050 NOAA) 0 0.225 0,45 Miles Wit Esri, HRm, 01: 7, nr �e o --- Source(s): SRES (Storm Surge Zone) penStreetMap contributors: and the GIS user community 45 RESILIENT CAPE CANAVERAL VULNERABILITY ASSESSMENT Table 19: Feet of inundation from a Category 3 storm surge with future sea level rise projections at critical facilities. Category 3 Category 3 Category 3 Category 3 Category 3 Category 3 Facility Facility Type 1.7 feet 2.85 feet 5.15 feet 2.5 feet 4.5 feet 8.5 feet SLR(USACE SLR(USACE SLR(USACE SLR(NOAA SLR(NOAA SLR(NOAA 2050) 2070) 2100) 2050) 2070) 2100) Banana River Park Debris Staging Waste Facility 1.08 0.39 4.45 Area Brevard County Sheriffs Office Law Canaveral Enforcement 0.89 0.23 4.26 Cape Canaveral City Clerk Government 2.77 Cape Canaveral City Hall Government 0.82 0.16 4.19 Cape Canaveral Culture and Government 1.49 0.87 4.84 Leisure Services Cape Canaveral Fire Department Fire Service 0.38 2.67 0.13 1.99 6.06 Station#52 Cape Canaveral Fire Department Station#53 Fire Service 1.77 1.11 5.17 Cape Canaveral Public Library Government 1.85 1.19 5.23 Cape Canaveral Comm. Transportation Services/Water Reclamation Operations 0.71 3.13 0.49 2.51 6.47 Cape View Elementary School School 1.45 2.76 4.97 2.41 4.30 8.31 Columbia Electric Substation Utility 1.72 2.96 5.23 2.70 4.49 8.68 Craig Technologies HazMat Facility 1.23 2.38 4.70 2.12 3.98 8.01 Lift Station 1 (Washington/Magnolia) Utility 0.34 1.35 3.76 0.66 3.04 6.47 Lift Station 2(Center Street) Utility 0.99 2.22 4.51 2.02 3.71 7.80 Lift Station 3(West Central) Utility 2.75 4.23 6.37 4.80 5.42 9.73 Lift Station 4(Coquina) Utility 2.76 4.06 6.35 3.84 5.55 9.69 Lift Station 5(Columbia Dr) Utility 1.77 2.99 5.18 3.02 4.64 8.80 Lift Station 6(Imperial Boulevard) Utility 1.28 0.54 4.66 Lift Station 7(Central/Thurm) Utility 1.78 2.91 5.29 2.70 4.64 8.79 Lift Station 8(Manatee Utility 1.07 2.11 4.41 1.23 3.92 7.81 Bay/Thurm) Lift Station 9(Banana River Dr) Utility 1.36 2.40 4.78 2.49 4.22 8.16 Lift Station 12(Patriots Park) Utility 2.05 3.15 5.50 2.63 4.82 8.61 Lift Station 13(Thurm Boulevard) Utility 1.32 2.37 4.85 1.92 4.17 8.02 Lift Station 14(Villa Nova Utility 0.16 1.37 3.73 1.32 3.04 7.21 Thurm) Manatee Sanctuary Park Solid Waste Facility 0.05 2.45 1.80 5.89 Waste Facility Transmontaigne Terminal Bulk Fuel Storage HazMat Facility 0.10 2.43 1.81 5.70 United Stated Post Office(Cape Canaveral) Government 0.95 0.34 4.35 46 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY National Oceanographic and Atmospheric V. Public Engagement The City of Cape Canaveral worked extensively to engage the public throughout the "Resilient Cape Canaveral" project process. Outreach included social media, the City's website, weekly updates and even a message on water bills. This section provides a summary of two workshops, the on-line MetroQuest survey and activities with students at Cape View Elementary. A. City of Cape Canaveral Stakeholder Workshop #1 l November 29, 2018 The first public workshop was held at the Cape Canaveral Library on Thursday November 29, 2018 from 6pm — 8pm. Approximately 35 parties were in attendance. The workshop included an educational presentation about federal and state resilience statutes, program integration and the FDEP Resilience grant awarded to the City and the tasks associated with the grant. An overview of vulnerability analyses was included as well as information concerning the Administration (NOAA) and the United States Army Corps of Engineers (USACOE) sea level rise projections. The projected impacts of sea level rise on the City of Cape Canaveral were visually displayed as well as the current impacts from nuisance flooding using NOAA frequent flood data. To engage the audience in the presentation, they participated in an interactive Mentimeter poll which asked three questions: 1) How long have you lived in the City of Cape Canaveral? How long have you lived in Cape Canaveral? (Bar Graph) 2 0-5 6-10 11-15 16-20 Over 20 Years Years Years Years Years ■ wrrrr.. 16 47 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY 2) What does resilience mean to you? What does resilience mean to you? dafety r^_rr preparation climate hardening safety recovery survival recover after raising wat racovarabillty protection O. _a V r3 prevention a 0 n Merit. w'4eY j 18 3) Considering short and long-term horizons, what do you consider a vulnerability for Cape Canaveral's resilience. Group 1 - Considering short and long-term horizons, what do you consider a vulnerability for Cape Canaveral's resilience? barrierksipnd str creasing hurricanes flooding politics incompetent leadership funding lagoon health Group 2 - Considering short and long-term horizons, what do you consider a vulnerability for Cope Canaverals resilience? overbuilding high water surge not enuf open space services during disasters recover raising water climate change ■ uwtn,rr i7 i5 The majority of the residents in attendance have lived in the City less than 10 years. When describing resilience, the most common words used were: recovery, survival, safety and mitigation. The discussion of vulnerabilities took place in two smaller breakout groups. The top vulnerabilities discussed in both breakout groups were as follows, in no particular order: Flooding; Hurricanes (including storm surge and services during/following a disaster); Politics (including funding and economics); Sea level rise; and Indian River and Banana River Lagoon health. The following summarizes the strategies and opportunities discussed for the City, City partners, the public and others that may address the vulnerabilities identified. 48 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Flooding • Reassess zoning and make appropriate changes to move people out of harms way or allow for innovative approaches to building resilient structures • Develop and adopt smart growth ordinances • Participate in information sharing and research best practices • Retrofit existing structures to stronger standards and rebuild to higher standards and elevations • Raise streets • Evaluate infrastructure to determine upgrade priorities and develop a hybrid infrastructure plan that integrates green and gray infrastructure with best practices • Assess creative stormwater management systems • Reassess and potentially reduce parking standards and incorporate green infrastructure in parking designs • Downzone in vulnerable areas • Increase green spaces, especially in areas where they can be utilized for stormwater detention • Reassess vulnerable areas and buildings; including mobile home parks • Assess evacuation routes for vulnerabilities and mitigation or enhancement opportunities to improve resilience (Assessment completed as part of the Space Coast TPO SLR assessment) Hurricanes This includes hurricanes, services, and storm surge strategies. • Reassess zoning and codes in the City • Conduct a Causeway Vulnerability Analysis (S.R. A1A) • Conduct a vulnerability evaluation of evacuation routes and include nuisance flooding • Proactive Public Information • More education on preparedness and recovery • Evaluate gaps in shelters, evacuation and transportation plans and processes • Improve tree ordinances • Identify main/critical services needed before, during or after an event (stormwater, medical, first responders, utilities, food, gas stations, emergency management) • Communicate with emergency management for needs of businesses and services to be open for recovery efforts • Education to vulnerable populations • Promotion of information • Assess mandatory evacuation approach to facilitate greater participation • Destigmatize/prioritize storm shelter use 49 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY • Adapt building codes to be more resilient • Incentivize low -impact landscape • Improve beach elevation • Promote living shorelines • Only allow sea walls or rip rap if living shorelines are incorporated and maintained • Encourage more dune vegetation (sea oats) for private property owners • Utilize bioswales • Maintenance of infrastructure and the built environment in private areas (condo communities) • Maintain greenspace and improve fertilizer ordinance Politics This includes politics, funding and economics. • Make public aware of candidates voting practices • Educate public and elected officials about resilience • Encourage public participation in meetings and workshops • Advertise ways for the public to be involved in the community government • Social media integrity • Ongoing simple messaging to the public • Sustainable information • Top down and bottom up recognition • Reassess building codes for elevation • If increasing taxes, provide specifics concerning what the funding will be used for • Reduce government waste; term and benefit limits • Promote home rule • Code enforcement/penalties Sea Level Rise • Dams • Stormwater management • Increase permeable surfaces • Swales • Education • Incentivize relocation • Investigate economic opportunities 50 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY • Creative water usage for unusable property • Floodplain restoration • Stilting, elevating structures (reassess Land Development Codes) Climate Change • Incentives for electric vehicles (City response: 8 free public electric vehicle chargers are currently available) • Create citizen ownership of solutions to climate change • Education and awareness • Promote solar and microgrids • Assess city policies to address climate change • Lobby for power plant standard changes • Improve/increase walkability and bikeability • Conduct a traffic assessment to change traffic patterns • Collaboration between communities Lagoon Health • Remove septic tanks; connect to sewer (City Response: To our knowledge, only one property is still on septic) • Stop tax cuts; use special assessments (with education and specific uses of the assessment) • Span the causeways • Natural vegetative buffer between lagoon and turf • Avoid turf and fertilizer • Improve fertilizer ordinance • Green infrastructure 51 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Two additional breakout groups focused on mapping exercises. The first exercise asked the question "Which facilities, businesses, roads and other locations are most important to you following major storm events?" Attendees responded by placing dots in critical locations or writing information on the map. S.R. 520/528 and S.R. A1A were identified as major roadway infrastructure while Port Canaveral businesses were listed as other important facilities. Many of the facilities identified are considered critical by the City, such as lift stations, City assets, and emergency response facilities. Other facilities included businesses with ice, food, and other preparedness supplies such as Publix, ACE and gas stations. It was noted that the City is in need of an urgent care facility and a heliport. (Canaveral City Park is the City's designated air medical emergency landing site.) The map below displays the identified facilities noted during the workshop. [Marked-up Maps] Note: Shallow coastal flood (nuisance flood) data depicted on these maps had been updated by NOAA after the workshop. To maintain consistency with the public thought process, the original data is shown in the following maps. 52 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Figure 27: Critical Facilities as Noted by the Public ba)fgGera'f Restaurants A' Scallop Pr - rn L __ / p 4 a Christopher Columbus Dr 4 Y! CO, MoII CI RrJ ?. 'r C Gs...r... IS r RI. PIfl9 y y C• sbel ls,. pefesh Health Care Cent&2orge Ling Blvd. I ..r`., +ry Paty' — Bulk Fuel Storage"- Can_ay®ralF9Et70Rt-BR BthEi Tice* ss ar — AuerCanaveral Fire Department Station #52 ▪ 3ulanah z " sharewao ao"t've'. , rn a oI AvedOceanDr Park Ln vaPorl 6lvd thor -_ Anrhor,,se A,,She II/Circl6fc0a;SlatiorP Ca. Lift S)Z,lFion 4 (Coquina) Banana River Park Debris Staging Are• . Cori Station • • ••IwLift Station 6 (Imperial Boulevard) Lift Station 7 (Central/Thurm) Lift Station 3 (West Central) • •,.r,•gne - Water Pipes (14Atrari 6tentPal Blvd) a surf Dr Radissor Parking C'°`L • •SRA1AISR 528 -e Pi a Lift Station 8 (Ma tee BayfThurm Store with ImWtandys m c^a^ale° ` Cape View Elementary Lift Station 13 (Thurm Board) • Ace Hardwate arou"! sr Cape Canaveral Comm Services/Water Reni ationLift Station 5 (Columbia fie` ne Liftiition_1 (Washington/Magnolia) Columbialommunity Gflen a & "'" Chtevron GeriStaf@dffr`- AA"Lift Station 12 (Patriots 141fi Cumberland F rrisaais, taboo ' Cap ,_qamrp,al Volunteer Fire Department All Gas Station,.. n., •Atlantic Animal Clinic ▪ Cape Canaveral City Hall • Cr pv,.Caraveral Public Library CV') fr ivard County Sheriffs Office Canaveral Canaveral BP Gas Station •Lift Sta96``n 2(ta`enter'Street) Legend • Public Input Critical Facilities Potential for Nuisance Flooding Lincoln Ave Johnson Ave Grant Hayes Ave § A62GP Lift Station 9 (Banana Rver Drive) • ..v rhng Ave Bar f Jack Dr --P Maht Dr. 1111 k}r'idh M'nterg Dr t, Cvirornln Ave oo n W Leant LA 11 Ds cepla 1.a paaro Ln E ,Dorset Dr Os reoraL C Ln hee P'rk Yark to nE n;utow Ave Y AV! Hlndry Avc Meade Ave J+j Pulskpher Ave/ — ila+relln l,n u ( T -- , Cocoa leach Fire Station #50 s"rvvrvT - • - . l •Coca eaph Urgent are I Cocoa Beach c5wy w ocoa B ach iti VS SouroEsri, HERE, Garmin, USGS, lntermap, INCREMENT P, NRCan, Esri Japa 0 0.175 0.35 0.7 j) w e`s, METI, Esri China (Hong Kong). Esri Korea: Esri (Thailand), NGCC, O 'Miles _ ttrierStreetMap contributors. and the G€S User Community 53 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY [Marked-up maps] The second exercise asked two questions: "Thinking about vulnerabilities and 50-75 years in the future, where would you like to see redevelopment and greenspace?" Attendees identified areas to increase overall density and redevelopment opportunities as well as areas to integrate greenspace and other green infrastructure. The second question asked "Thinking about vulnerabilities and 50-75 years in the future, where would you like to see resiliency measures implemented and what are they?" In this exercise, attendees identified specific locations to implement various measures to mitigate or adapt to hazards and where possible, provided specific strategies for those locations. Below are examples of the map exercise. Feedback on the maps concerning various issues included the need for grid improvement, the breakage of pipes under S.R. 520/528, the need for additional sewage capacity, rats in sewer lines, and freshwater accessibility. Strategies identified include changing building codes to allow houses on stilts, avoid dredging, transfer ownership of Brevard County's Cherie Down Park to the City, work with Publix to restock effectively and efficiently and to get employees back to work, ocean front building code modifications to raise living space, drainage under parking lots, develop "green building codes", more native and xeriscaping landscaping, re-evaluate parking standards, and green infrastructure. The following map has combined the information provided during the workshop concerning where green infrastructure / open space, redevelopment and other resilience strategies should be implemented. 54 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Figure 28: Resilience Strategies and Redevelopment Noted by the Public • • • Port Canaveral Ch.dlolger Rd, A tlandis Rd • . I m act enk litana tee inian q Par h G • 'n Blvd • Manatee Bay Dr • Villa No, Legend Strategy Type Green Infrastructure • Redevelopment • Resilience Measure A 0 0.125 0.25 0.5 Miles • • • •z JerN Manrunee Christopher Columbus Di Park "Ye Cir } . j pP QF 3r6P tty'IP arM • • r` n Shorewood Dr f^ ?In Root AvoOcean Park Ln Anchorage Ave • Oak Ln central Blvd lip Columbia Dr, $ '• • ItgPo t.R • 1 Seaport Blvd Beach Park Ln Harbor Dr Coral Dr Ocean Woods Btvd O` Ciyo\ m Joe PI a Kings Ln , Chandle+ sw Canav Caroline SI a Cherie Iitn vV iktnm j ark Banns Ftark Adams Ave 00 Jefferson Ave a 1s O a" • Monroe Ave Ca naveol Jackson Ave • C ty Per k Harrison Ave Atlantic Ave • Carves, StN 41111110st dr•re Rd • Afro Ave 'tape. Can averal • • • Center St • `' Sahli Av • • • • • Jack Dr Lent Dr m y, Av 0 Tyler Ave V d Polk Ave 2 gFillmore Ave 0 10 Plere Ave Buchanan Ave Lincoln Ave Johnson Ave • J1 Central Blvd E Surf Dr Grant Hayes Ave Garfield Ave Arthur Ave McKonley Ave Taft Ave Wilson Ave Harding Ave Barlow Ave • • 41,0 as or Satana`o • • • • • Young Ave Sources. Esn, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esn Japan, METI, EsriPChria'(H'dn§ Kong), Esn Korea. Esri (Thailand), NGCC, OpenStrdatMpapncoanvtrpbutorls, and the GIS User Community 55 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY B. City of Cape Canaveral Stakeholder Workshop #2 I April 4, 2019 for further discussion were Stormwater Program The second public workshop was held at the Cape Canaveral City Hall on April 4, 2019 from 6pm — 7:30 pm. 13 attendees signed in at the workshop. The format of this event was an open house. Posters from the previous workshop as well as new posters that showcased the impacts of sea level rise on storm surge and the results from the survey. A presentation was made by the ECFRPC that discussed project process including the stakeholder engagement activities, hazards being analyzed and major findings from the vulnerability analysis. Draft recommendations that are being presented to the City also reviewed in the presentation. The Brevard County Natural Resources Outreach Coordinator was also in attendance and spoke to the work being completed through the Save Our Indian River Lagoon Tax such as living shorelines, baffle boxes and others as the projects integrated both green and gray infrastructure and showcased strategies being presented to the City. 56 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY C. Public On -Line Survey The information derived from the workshop was combined with best practice strategies to develop a city- wide survey to engage a broader constituency, support for specific actions, policy changes or other strategies to address resilience. The survey was made available from January 14, 2019 - March 5, 2019. A total of 239 respondents participated in the survey. The findings from the survey are described below. Resilient Cape Canaveral Progress f9 Creating a Resilient Community As a coastal city, Cape Canaveral is vulnerable to various natural hazards. Residents, business owners and the City need to work together to turn challenges into opportunities fora thriving and resilient future for our City. Need more information? The links below provide more information about the current resilience project funded by FDEP and additional resources on coastal adaptation planning. w w.perilofflood.neticapecanaveral 5 a a Help Privacy About MetroQuest The respondents were primarily full-time Cape Canaveral Residents who have lived in the City for a variety of years, most being less than 5 years. There was also a spread of age ranges taking the survey but the largest age group consisted of those 61 and over, followed by 41 to 60. Cape Canaveral Affiliation 125 FullTiime Resident 28 Property Owner 6 Seasonal Resident 2 No Affiliation 1 Business Owner 162 Total How long have you lived in Cape Canaveral 60 Less than 5 years 41 Between 11 and 20 years 37 Between 5 and 10 years 24 More than 21 years 162 Total Your Age 81 61 to 80 55 41 to 60 20 26 to 40 3 81 and over 2 25 and under 161 Total 57 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY The first exercise asked for participants to rank their top 3 vulnerabilities in order of importance or priority. These vulnerabilities were generated based on the first public workshop as well as the Brevard County Local Mitigation Strategy. The image below shows the average ranking of each vulnerability as well as the number of times it was ranked. The Indian River Lagoon (1.764) was ranked as the highest priority, followed by hurricanes and storm surge (1.833), and then climate change (1.922). The bottom three vulnerabilities included flooding (2.176), government and funding (2.200) and sea level rise (2.342). greatest number of times, however, it was only ranked as the top vulnerability by 39% of respondents who ranked it, while Indian River Lagoon was ranked #1 by 47% of the respondents who ranked it. 2 Rank the Vulnerabilities J m W f thekrMelee 3 4 hewn hrwe1t hrw eh Hurricanes & Slu• r =3drfle (orlon Rrver Lepton eadver Wile re and Fu elle) are ate CI eiriqe Sea Lars Rene 4 rlx: vidnernJSdas; hetev1 have mu tarmd een erlexta . turd County Lc. 9 Jay. Some may bin owe or a ammo to you than others. Rankeach volowebi ty based on areas of mcs1 iancem to you war the next hid rS years ` Pixixr. eL;m13 rsr rhr. darns !{! atom Me Mara porra f redemad Imo. ureter Indian River Lagoon 68(47%) 42 (29%) 34 (24%) VIM 2 3 Times ranked: 144 Average rank: 1.764 GovAndFund 26(27%) 24 (25%) 45 (47%) Times ranked: 95 Average rank: 2.200 2 3 Hurricanes & Storm S... Times ranked: 168 Hurricanes Climate Change and 25 (39%) _ 19 (30%) _ 20(31%) _ Times ranked: 64 Average rank: 1.833 Average rank: 1.922 Sea Level Rise 10 (14%) ■ 28 (38%) • 35 (48%) Times ranked: 73 Average rank: 2.342 2 Participant comments provided on this screen are below: Tsunami storm surge was Flooding ranked the I 16(22%) 2 29 (39%) 3 29 (39%) Times ranked: 74 Average rank: 2.176 city over spending on projects not really needed. overpopulation leading to loss of wildlife Getting all of our power off poles and under ground.... clean up ocean beaches School playground funding with safe space afterschool infrastructure Traffic speed on A1A stop filling every pothole w/cement -no greenery will be visible - cement city!!! 58 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY The second exercise was linked to the previous screen and asked participants to rate strategies related to the vulnerabilities they previously ranked as their top 3. These strategies were generated based on the first public workshop as well as the best practice research. Participant comments provided on this screen are below: Although not an issue with Cape Canaveral, but getting all homes on or near the rivers off of Septic systems should be the main goal. Tangibly support Brevard Zoo based oyster growth program. Remove failing septic tanks along waterways Excessive spending on unfunded projects Develop a "Penny for Brevard County" to increase money for funding projects. This is what happened in Pinellas County. Now they have excellent trails and other projects funded. Indian River Lagoon 3 Strategies i iScii* Indian River Lagoon 9 What to do Indian River Lagoon Impacts to the Lagoon may be minimized through a variety of local efforts_ Low Impact Development Encourage stronger low impact development guidelines for all development. Causeways Support the complete spanning of the lagoon with bridges. Vegetative Buffer Encourage a natural vegetative buffer between the lagoon and turf. Fertilizer Ordinance Develop a stronger fertilizer ordinance. Funding Create special assessment for City projects/programs to improve IRL health. * * * * * * * * * * * © Next Category Indian River Lagoon Causeways 1 2 3 4 5 18 11 35 19 33 (16%) (9%) (30%) (16%) (28%) Times rated: 116 Average rating: 3.328 Funding 1 2 3 4 5 Mii=1 20 9 13 20 51 (18%) (8%) (12%) (18%) (45%) Times rated: 113 Average rating: 3.646 For this vulnerability (the top ranked), strategies focused on minimizing impacts to the Lagoon. Developing a stronger fertilizer ordinance had the strongest support with a 4.602 rating, followed closely by encouraging natural vegetative buffers between the lagoon and turf (4.491) and encouraging stronger low impact development guidelines (4.365). Creating special assessments for City projects and programs for IRL health and supporting the spanning of the lagoon with bridges were somewhat supported. Low impact Develo... 1 2 3 4 5 __NI 1 4 11 35 64 (1%) (3%) (10%) (30%) (56%) Times rated: 115 Average rating: 4.365 Vegetative Buffer 1 2 3 4 5 - 1 2 3 9 24 78 (2%) (3%) (8%) (21%) (67%) Times rated: 116 Average rating: 4.491 Fertilizer Ordinance 1 2 3 4 5 1 3 6 22 86 (1%) (3%) (5%) (19%) (73%) Times rated: 118 Average rating: 4.602 59 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Hurricanes and Storm Surge For this vulnerability (the second ranked), strategies focused on dealing with the elements associated with hurricanes, including wind, rain, utility failure and surge from both the ocean and lagoon. Encouraging use of vegetative (green infrastructure) solutions along the lagoon and beachside to reduce surge was the top supported strategy (4.444), followed closely by identifying gaps in critical infrastructure needs for preparedness and recovery (4.407). Adapting building and land development codes for greater resilience (4.243) and redirecting development away from high risk areas (4.157). Although rated lowest at 3.538, raising minimum elevations of buildings and infrastructures was supported, though not strongly. 3 Strategies AlaNj4LeI314 Hurricanes & Storm Surge 0 What to do 0 Next Task Hurricanes & Storm Surge Elements associated with hurricanes including wind, rain, utility failure, and surge from ocean and lagoon waters. Raise Elevations Higher minimum elevations for buildings and Infrastructure, where feasible. Redirect Development (Surge) Implement policies and code changes to direct development away from high risk areas. Infrastructure Resilience Identify gaps in critical infrastructure needs for storm preparedness/recovery. Green Infrastructure Encourage use of vegetative solutions along lagoonlbeachside to reduce surge. Building Codes Adapt building and land development codes for greater resilience standards. 00 Suggest another * * * * * 0 Next Category Hurricanes Storm Surge Raise Elevations 1 2 3 4 5 13 10 37 37 35 0%) (8%) (28%) (28%) (27%) Times rated: 132 Average rating: 3.538 Redirect Developm... 1 2 3 4 5 1mM' 3 4 25 39 63 (2%) (3%) (19%) (29%) (47%) Times rated: 134 Average rating: 4.157 Building Codes 1 2 3 4 5 4 3 24 30 75 (3%) (2%) (18%) (22%) (55%) Times rated: 136 Average rating: 4.243 Infrastructure Resil... 1 2 3 4 5 _■1 - 1 18 41 75 (0%) (1%) (13%) (30%) (56%) Times rated: 135 Average rating: 4.407 Green Infrastructure 1 2 3 4 5 3 4 11 29 88 (2%) (3%) (8%) (21%) (65%) Times rated: 135 Average rating: 4.444 60 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Climate Change For this vulnerability (the third ranked), strategies focused on dealing with climate change. All five strategies had strong support and were close in average ratings, all being a 4.0 and above. Promoting the use of solar on private and public buildings as well as micro grids was the top supported strategy (4.547), followed very closely by assessing City policies to address climate change and sustainability (4.500). Developing a bike/ped plan and reassessing vehicle traffic patterns to improve pedestrian mobility (4.463) ranked third, followed by enhancing educational programs for climate change to increase citizen ownership (4.345). Adapting building and land development codes for greater resilience (4.243) and redirecting development away from high risk areas (4.157). Transferring City fleet to electric vehicles and providing incentives for private EV was supported with a 4.507. 3 Strategies :t r x i A What to do Climate Change Climate Change Changes in climate patterns for decades or longer. Sustainable Policies Assess City policies to address climate change and sustainability, Alternative Power Promote use of solar on private and public buildings as well as micro grids. Electric Vehicles Transfer City fleet to electric vehicles & provide incentives for private EV. Education and Awareness Enhance educational programs for climate change to increase citizen ownership. Pedestrian Mobility Develop a bike/ped plan and re -assess vehicle traffic patterns to improve ped mobility. gio Suggest another EZCZEI V Next Category Climate Change Electric Vehicles Education and Awa... Pedestrian Mobility Sustainable Policies Alternative Power 1 2 3 4 5 _ 1 4 10 14 24 (2%) (6%) (19%) (26%) (45%) 1 2 3 4 5 ice 1 2 3 4 5 II 1 2 3 4 5 111 1 2 3 4 5 i. - 3 3 9 38 (0%) (6%) (6%) (17%) (72%) - 1 11 11 32 (0%) (2%) (20%) (20%) (58%) 1 2 5 9 37 (2%) (4%) (9%) (17%) (69%) 1 - 6 11 36 (2%) (0%) (11%) (20%) (67%) Times rated: 53 Average rating: 4.057 Times rated: 55 Average rating: 4.345 Times rated: 54 Average rating: 4.463 Times rated: 54 Average rating 4.500 Times rated: 53 Average rating: 4.547 61 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Flooding For this vulnerability (the fourth ranked), strategies focused on standing water due to rainfall, tropical events and high tides. Increasing green space in areas for stormwater detention (4.246) was the highest ranked strategy, followed by updating codes and policies to allow for innovative approaches for flood resilient structures and smart growth ordinances (4.073) and developing an infrastructure plan that incorporates gray and green best practices (4.000). Reassessing parking standards (3.796) and downzoning in vulnerable areas had some support but not overwhelmingly (3.509). 3 Strategies rOAI:RIM 0 What to do Flooding Standing water due to rainfall, tropical events, and high tides. Code and Policy Changes Allow for innovative approaches for flood resilient structures and smart growth ordinances. Infrastructure Plan Develop infrastructure plan that incorporates gray and green best practices. Green Infrastructure Increase green spaces in areas where they can be used for stormwater detention. Parking Standards Reassess parking standards and require green infrastructure in parking designs. Down Zone Down Zone in vulnerable flood areas. go Suggest another ONext Category Flooding Down Zone 1 2 3 4 5 -i- 3 2 24 13 11 (6%) (4%) (45%) (25%) (21%) Times rated: 53 Average rating: 3.509 Parking Standards 2 3 4 5 4 2 13 17 18 (7%) (4%) (24%) (31%) (33%) Times rated: 54 Average rating: 3.796 Infrastructure Plan 1 2 3 4 5 - 1 3 9 26 18 (2%) (5%) (16%) (46%) (32%) Times rated: 57 Average rating: 4.000 Code and Policy C... 1 2 3 4 5 --1=1 1 1 11 22 20 (2%) (2%) (20%) (40%) (36%) Times rated: 55 Average rating: 4.073 Green Infrastructure 1 2 3 4 -- 1 1 7 22 26 (2%) (2%) (12%) (39%) (46%) Times rated: 57 Average rating: 4.245 62 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Government and Funding For this vulnerability (the fifth ranked), strategies focused on effective local governing, sufficient funding for future needs and public engagement in decisions. Public engagement (4.164) was the highest ranked strategy, followed by creating an avenue to make the public aware of local candidate voting practices (4.097). Developing an educational program for public and elected officials concerning resilience (3.987) and increasing code and penalty enforcement (3.986) were extremely close in support. Developing special assessments or tax increases for specific resilience projects was ranked with an average neutral rating (3.096). GovAndFund Funding Government and Funding Effective local governing, sufficient funding for future needs, and public engagement in decisions. Voting Practices Create avenue to make public aware of local candidate voting practices Funding Develop special assessments or tax increases for specific resilience projects. Code Enforcement Increase code and penalty enforcement within the City. Increase Awareness Develop education program for public & elected officials concerning resilience. Public Engagement Enhance outreach to community to encourage greater participation in government. O Suggest another Code Enforcement Increase Awareness CICEED 0 Next Category Voting Practices Public Engagement 1 2 3 4 5 ----- 13 10 22 13 15 (18%) (14%) (30%) (18%) (21%) Times rated: 73 Average rating: 3.096 1 2 3 4 5 2 5 20 10 35 (3%) (7%) (28%) (14%) (49%) Times rated: 72 Average rating: 3.986 1 2 3 4 5 -. 2 5IIIIII■16 21 31 (3%) (7%) (21%) (28%) (41%) Times rated: 75 Average rating: 3.987 1 2 3 4 5 4 7 8 12 41 (6%) (10%) (11%) (17%) (57%) Times rated: 72 Average rating: 4.097 1 2 3 4 5 --- 2 4 13 15 39 (3%) (5%) (18%) (21%) (53%) Times rated: 73 Average rating: 4.164 63 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Sea Level Rise Sea Level Rise Increasing frequent flooding in low elevations of the City. Adaptation Action Areas Special areas to consider sea level rise regarding infrastructure, zoning and building standards, Stormwater Management Creative, hybrid stormwater solutions including swales, permeable surfaces and green infrastructure. Redirect Development Update codes and policies to redirect development away from hazard areas. Land Development Codes Update codes to allow for elevation increases on buildings. Economic Opportunities Investigate economic opportunities and economic vulnerabilities as related to sea level rise. 1111 Suggest another CCEILIM MIXED 41) Next Category For this vulnerability (the last ranked), strategies focused on the increasing of flooding in low elevations from sea level rise. Creative, hybrid stormwater solutions (4.464) was the highest ranked strategy, followed by updating codes and policies to redirect development away from hazard zones (4.151). Developing Adaptation Action Areas (4.055) was also supported. Investigating economic opportunities and vulnerabilities (3.658) and updating codes for elevation increases for buildings (3.364) were also supported but not overwhelmingly. Sea Level Rise Land Development ... Economic Opportu... 1 2 3 4 5 7 10 10 12 16 13%) (18 %) (18%) (22%) (29°.,, Times rated: 55 Average rating: 3.364 1 2 3 4 5 __= 2 5 16 16 15 (4%) (9%) (30%) (30%) (28%) Times rated: 54 Average rating: 3.685 II Adaptation Action ... 1 2 3 4 5 --- 1 - 15 18 21 (2%) (0%) (27%) (33%) (38%) Times rated: 55 Average rating: 4.055 Redirect Developm... 1 2 3 4 5 -■ 3 - 12 9 29 (6%) (0 %) (23%) (17%) (55%) Times rated: 53 Average rating: 4.151 Stormwater Manag... 1 2 3 4 5 - - 8 14 34 (0%) (0%) (14%) (25%) (61 %) Times rated: 56 Average rating: 4.464 64 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY All Strategies When examining the strategies holistically, most were supported and almost evenly ranked above a 4.0. No strategy was strongly unfavorable across the survey. As many of the strategies are considered cross- cutting and can address multiple hazards, it is recommended that the City not only to consider the top strategies for each hazard but also the whole to determine areas of overlap and to obtain the biggest return on investment. The 10 top rated strategies across the board focused on stronger fertilizer ordinance, alternative power, creating sustainable policies in regards to climate change, requiring vegetative buffer between the lagoon and turf, create a hybrid stormwater management plan, increasing pedestrian mobility, utilizing green infrastructure for flooding, improving resilience in infrastructure, requiring low impact development and education citizens about climate change. While no strategy was overwhelmingly unsupported there was a trend in the lower ranking strategies that focused on special funding and raising elevations. Ratings between 3 and 4 included increasing the awareness of officials voting practices, code enforcement, assessing parking standards, analyzing economic opportunities and impacts of sea level rise, creating special assessments for the Indian River Lagoon as well as resilience, raising minimum elevations of buildings and infrastructure and updating required policies to allow this, downzoning in vulnerable flood areas and spanning the river with causeways. [Bar Graph] 65 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY The third exercise in the survey asked respondents to rank opportunities for the City to consider for addressing vulnerabilities and opportunities they provide. "Create a more hybrid approach to the stormwater master plan and identify use of green infrastructure to improve stormwater train and water quality and identify areas to create greenspace water re/detention" was ranked the most number of times and also received the highest average rank. This is followed by "Update codes and policies to require low impact development techniques that emphasizes conservation and use of on -site nature features to protect water quality and manage stormwater run-off" and "Work with City departments, the community and others to develop an action plan to determine appropriate measures to mitigate, adapt or relocate critical assets and population vulnerable to extensive flooding and sea level rise, and identify other necessary activities." The lowest ranked items included "Identify or create funding mechanisms that focus on specific sustainable projects within the City", creating Adaptation Action Areas, and "Reassess ordinances, ex: tree and fertilizer ordinances, to determine areas of improvement for resilience". The results of this screen are somewhat similar to the previous screen with the importance of the stormwater master plan and low impact development. It was surprising that the ordinance assessment had the lowest ranking score, but improving the fertilizer ordinance received the highest rating. One could ascertain that respondents want a stronger fertilizer ordinance but may not be supportive of changing the tree ordinance. "Elevation Increases" had a ranking of 2.385, but was the least ranked indicating that those who felt it was a priority, felt strongly about it. It should also be noted that every option was ranked, at least 39 — 131 times. Stormwater Master Plan Low Impact Developm... Resilience Action Plan Redevelopment 45 (34%) 1 36 (31%) k 33 (25%) MIL, 2 34 (29%) II 39 (3n%) MIL A 3 28 (24%) 14 (11%) =1 4 20 (17%) Tmes ranked: 131 Average rank: 2.168 Elevation Increases 8(21%) ■ 14 (36%) — 11 (26%) - 6(15%) • Times ranked: 39 Average rank: 2.385 1 24 (26%) 2 30 t32%) 3 22(23%) 4 18 (1s%) Ell Times ranked: 118 Average rank: 2.271 Funding 1 20 (24%) I. 2 20 (24%) . 3 19 (22%) I"- 4 26 (31%) 6 1 2 3 4 Times ranked: 94 Average rank: 2.362 33(32%) 18 (18%) 30 (29%) 21 (21%) y 1 2 3 4 Times ranked: 102 Average rank: 2.382 Adaptation Action Areas Ordinance Assessments 1 8 (16%) IL 2 14(28%) .11 3 14(28%) _ 4 14(28%) 1 2 3 4 Times ranked: 85 Times ranked: 50 Average rank: 2.600 Average rank: 2.680 Participant comments provided on this screen are below: 10 (16%) -, 18 (29%) MI 13(21%) - 22 (35%) Times ranked: 63 Average rank: 2.746 4 Stop over development by big business, especially big hotels. Developed a Pedestrian/ Bikeway along A1A and portions of the Banana River area. More tourist income from child friendly businesses 66 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY Respondents were able to provide comments on the last screen of the survey. Participant comments provided on this screen are below: One of the council members has close ties to solar that he could profit from personally. I think he should recuse himself from any votes on the issue and should also refrain from proposing legislative changes regarding this topic. I believe coastal communities throughout the US are under acute threat from the effects of climate change and rising sea levels. No more hotels and Port parking lots ! Enough is enough !!! We suggest that the City create a plan with practical and meaningful action items that are attainable in the near future as well as long term. Keep it as simple as possible. Don't merely adopt someone else's "packaged" coastal plan. Make it VERY unique to Cape Canaveral. Let's get on the low hanging fruit right away, take action and create momentum. For example, strategically buy more "orphan" property that stand little chance of private development and enhance stormwater treatment (along with beautiful native green space) to protect the lagoon. Also, be more aggressive with dune preservation: more sea oat plantings over larger areas; what else can the City legally do and permit, in partnership with condo associations and other beachfront private property owners, to protect and enhance the dunes? The dunes are currently an underappreciated resiliency asset of the City. My wife and I are very happy to be living in this well run community. Thank you. Resident property owners need to feel code and other city officials are working with us, not against us! My experience has been to feel code inspectors are adversarial even though I get proper permits and try to do things correctly. Glad to see we're at this stage and it the progression into this issue. I would like to add more such as the use of MU (mixed use) zoning but that is covered under redevelopment if I I am not mistaken. But still perhaps if can be a category under that, Dog -friendly parks I think saving what's left of the lagoon is easily a top priority. No more fertilizer. No more dumping. We are gone for 3 months during peak hurricane season. Thanks for all you do! CC is a beautiful beach area and whatever it takes to keep it healthy and clean is very very important!!! Expecting compliance to the beach rules is especially important. I am not seeing that right now!! Add more crosswalks with traffic light controls. We need trees and vegetations cleared from intersection for better visibility of pedestrians and traffic. Some of the large oak trees need to be trimmed to prevent downed lines during hurricane season. "opportunities" section seemed a bit vague to me. No waterfront high rise buildings development We do not want to see high rises... Ever... And burying our power supply lines underground versus on these 70 year -old poles would be a very smart thing... I'm very interested in learning more about, and implementing solutions. Stop building new hotels. Great tax base, but we can't afford to have all these additional developments add to our infrastructure - we're too fragile! Like to see better management of the 11 acres of mangroves??( East side Banana river) a lot of scub oaks vs actual mangroves! Love this city!! rYes! Let's make Cape Canaveral more resilient! • The city staff is working hard and doing a great job educating our city about this important topic. Sewer system development and storm water runoff are two major concerns. 67 RESILIENT CAPE CANAVERAL PUBLIC ON-LINE SURVEY It seems the appointed/elected officials are more interested in providing for tourists then the welfare of the full-time residents. They seem to make it harder to be a home owner and business owner then to be a developer. I'll help We love Cape Canaveral! Keep up the good work. no more taxes No additional comments Ticket parked cars and trailers blocking what few sidewalks from A1A to beach. Change ALL side streets east of A1A to 4 way stops. Fiscal responsibility. We cannot go from a surplus of $12million to borrowing $13million I am very distressed that the welcome signs at each end of the city look very neglected. When I first moved here twelve years ago they were well tended and very attractive. Please address this!! _ Plans for the future are always important to be considered. However, beginning with"visioning" it appears that the City has been championing a "predetermined" destiny on some planner's or officials' part. The forcing of hotel building and the A1A project are examples. The excess spending on buildings and facilities not requested by a large number of citizens/residents in Cape Canaveral are examples. Resilient = returning to the original form or position after being bent, compressed or stretched. It would be nice to see Cape Canaveral return to its form before being overspent and stretched beyond its means through the actions of the City Council presently. We have a long history here, greatly preceding being property owners. We love the Cape and appreciate the solid city management and opportunity to offer input. Thank you. _ Gotta love computer writers. Highlight Indian River and get bounced out. I am probably the only person that does not know what "drag three choices to the top". Fishing and access to the ocean have always been important to us. Speed on A1A needs to be addressed. This route is a business as well residential area. 45MPH is too fast and noisy to us residents. Re Design the city as a city not like now. The city actually looks like a corridor of cars to cocoa beach. 68 RESILIENT CAPE CANAVERAL YOUTH OUTREACH D. Youth Outreach I February 21, 2019 On February 21, 2019, ECFRPC staff traveled to Cape View Elementary to engage 5th grade students for a planning and outreach activity. The purpose of the activity was to receive input from the youth of Cape Canaveral for the Resilient Cape Canaveral project. The students were given a short presentation explaining the project, the process and why the ECFRPC and City wanted their input. They participated in a mapping activity where the students got the opportunity to build their future Cape Canaveral while considering flood hazards. They took large printed maps that showed shallow flooding areas and some critical buildings and used toy bricks to build new infrastructure for the City of Cape Canaveral. Students used categories as shown below in the key: Stores, Homes, Green Spaces, Routes, and anything else they may decide in order to build. The resulting maps were interesting because the students used concepts such as multi -story buildings, open space, and had a lot of focus on skating and connecting important destinations. KEY Use these different toured LEGO pieces to create Your cityl Red Lego Pieces- Stores (Grocery stores, shops, restaurants) Yellow Lego Pieces- Homes (Apartments, houses, condos) Green Lego Pieces- Green Areas )Parks, nature preserves, trees along roads) Blue Lego Pieces- Anything Else Pipe Cleaners- Routes )Roads, walking paths, bike lanes] • You can build multiple pieces on top of one another including 69 RESILIENT CAPE CANAVERAL RECOMMENDATIONS VI. Strategies for Incorporating Resiliency into City Plans, Policies and Programs The strategies presented in this Report are based on input from public engagement activities, findings from the vulnerability analysis, review of the Coastal Element of the City's Comprehensive Plan and best management practices research. Recommended strategies presented here may take the form of policies, ordinances, land development codes, or the creation of other plans or processes and are based on education, land use and building practices, mitigation, adaptation and relocation. Resiliency strategies take the form of policies, ordinances, codes, plans, processes, education, land use and building practices. A. Infrastructure Through the public engagement process, numerous facilities were identified as being critical to pre- and post -storm preparedness and recovery — these facilities include lift stations, gas stations and stores that provide food, water, ice and other necessary goods. The East Central Florida Regional Planning Council (ECFRPC) recommends obtaining generators for all lift stations and traffic lights at major intersections. Ultimately, it will be essential for the City to have alternative power sources such as solar or gas generators and an ample supply of gasoline or propane for at least two weeks to maintain these generators. Other options would include making traffic lights solar powered or installing temporary solar traffic signals in the event of an outage. According to an article in the Miami New Times, cities around the globe are already installing this technology. After Hurricane Irma, the City of Coral Springs was "one of the only Florida Cities to embrace the technology, using 13 temporary solar powered signals to keep traffic moving." (Times) As technologies develop that support alternative power sources for infrastructure, the City should stay apprised of these new technologies and seek opportunities to serve as a pilot City. As Lift Stations 3, 5, 7 and 9 are to be rebuilt in the near future, the City should complete a survey of the area and determine next steps based on the functionality life span, potential inundation depth from surge and sea level rise to develop appropriate measures to help maintain their integrity and functionality. These measures may include raising the lift stations, enlarging the well capacity, fortification, or relocation to a less vulnerable area in the service area. Temporary solar traffic signals in Coral Springs after Hurricane Irma. (Image courtesy of Coral Springs Police.) 70 RESILIENT CAPE CANAVERAL RECOMMENDATIONS Storm water system in City Park. (Image courtesy of City of Cape Canaveral.) B. Indian River Lagoon (IRL) and Banana River Lagoon (BRL) According to respondents of the online survey, the IRL is of great importance to the Community. The Indian River Lagoon and the Banana River Lagoon are not only important economic resources to the region — but are also the source of potential flooding and storm surge. The City should prioritize projects that serve multiple functions: 1) protect the health of the lagoons by limiting direct run-off and 2) provide a mechanism to reduce surge impacts. In order to accomplish these goals, the City should not only continue its innovative approach of stormwater management as evidenced by the placement of a large exfiltration system under Canaveral City Park and at City Hall, wet detention at Manatee Sanctuary Park and swales in Banana River Park, but explore additional and new hybrid stormwater approaches through the use of both gray and green infrastructure to capture larger quantities of stormwater prior to discharge while allowing for naturally occurring filtration. Additionally, the City should work with property owners and the St. Johns River Water Management District (SJRWMD) to identify opportunities to restore coastal vegetation through plantings. Assessing and creating a stronger fertilizer ordinance was one of the highly ranked strategies in the public engagement survey. As this is an effort already being undertaken by the County, the City should make sure its ordinance, at a minimum, reflects the same standards of the County and develop a stronger one, if needed. It will be important to work with stores and landscapers who service the City for conformance, enforcement and education. Having a county -wide messaging process will be important for both residents and businesses. Using a uniform educational flier at stores and other strategic locations will help users of fertilizers make educated decisions rather than relying solely on the fertilizer industry or stores restricting sales. According the City's Basin Management Action Plan Compliance Strategy (BMAPCS) final report in 2014, Low Impact Development (LID) methods such as bioswales, green roofs, rain gardens, and tree boxes were described as techniques allowable for BMAP credit. Some strategies to help the City lessen the load on the overall stormwater system should include requiring or incentivizing private property owners and other agencies with facilities in the City to capture as much stormwater on site as possible for infiltration. Working with businesses, homeowners and other partners to implement these and other LID techniques where feasible and appropriate could have substantial positive impacts on the amount and quality of water discharging into the IRL, onto streets and on private and public property. As properties are redeveloped in the City, requiring or incentivizing developments, businesses and homes to design to a 100% on -site retention for a minimum of a 25-year flood, though using a 100-year flood for design regulations (see City of Rockledge stormwater design guidelines) would be more resilient and progressive. This can be achieved through a variety of techniques to advance the City's resilience and sustainability. The City should investigate its codes, ordinances and plans to determine if a net -zero discharge is feasible, even with additional modifications to development requirements, or if an incentive approach is more practicable. 71 RESILIENT CAPE CANAVERAL RECOMMENDATIONS C. Green Infrastructure and LID LID also includes the innovative design of parking lots which are a major source of impervious pavement. "Green Parking Lots", with high levels of natural absorbent landscaping are a great mitigation strategy to help reduce stormwater run-off, increase natural filtration, reduce the heat island effect and improve water quality. According to Naturally Resilient Communities, the use of pervious concrete is much more durable in hot climates than porous asphalt pavement. Green parking lots can vary depending on use and location. The images below showcase a green parking lot in Copenhagen that is, generally speaking, "entirely landscaped" compared to the more urban green parking lot we typically see in the U.S. To achieve greener parking lots, the City should assess local codes to minimize the land area devoted to parking by reducing parking stall dimensions, promote shared parking and reduce the minimum number of parking spaces required. A parking audit may be necessary to determine if there is an overabundance or deficit in parking availability. Green Parking Lot in Copenhagen (Image courtesy o Thomas Oles.) Urban Green Parking Lot(Image courtesy of Chesapeake Bay Program.) Additionally, as State Road (S.R.) A1A projects advance, as well as other local road projects, the City should require that future conditions, based on the operational life of the said project, be assessed to determine appropriate measures to reduce flood risk. In the short-term in roadway projects where landscaping is feasible, the City should prohibit the use of turf and require trees to be placed in tree boxes or use other techniques to enhance stormwater capture and filtration. Stormwater Parkas Community Amenity (Image courtesy of Architecture Magazine.) The City should also examine strategic locations for using open space for green infrastructure projects that create amenities for the community, especially in the dry season. Locations may include repetitive loss properties, undeveloped properties, underdeveloped/utilized properties, public properties or existing open space. This may require the acquisition of private property, if over the long-term, the benefits to the City outweigh the cost of acquisition. Various mechanisms exist for acquiring essential property including donation of easements, 72 RESILIENT CAPE CANAVERAL RECOMMENDATIONS bond measures, transfer of development rights, federal funding and grants, and others. The City will need to investigate the potential options if it wishes to develop an acquisition program. Finally, as sea levels rise, outfalls are generally the first point of failure in the stormwater system. Ultimately, outfalls with lower elevations will be the first to fail as salt water will intrude into the pipes and cause flooding within the City from rainwater or storm surge. The City should assess the elevation of each outfall to determine those most vulnerable to rising water levels from the BRL due to their elevation. The Stormwater Master Plan should be integrated or, at the very least, compatible with the City's Conservation Element and Parks and Recreation Plan. The integration of the two plans and ensuring compatibility with the Conservation Element in the Comprehensive Plan will decrease potential barriers to creating innovative approaches to stormwater management, while continuing to create health and recreational spaces and opportunities for residents and visitors along with natural areas and lagoon access. Creating an integrated plan will help the City work outside of silos and better plan through cross - collaboration to make use of available space and resources while increasing resilience and the quality of life in the City. Utilizing open space for stormwater during the wet season or storms, while serving the community as an eco-tourism destination or area of activity for the remainder of the year, is a win -win for the community. Hosting experts in green infrastructure and stormwater management to help identify feasibility and locations for projects is also advised. This would include City Staff, Florida Department of Environmental Protection (FDEP), SJRWMD, and potentially higher education facilities such as Florida Institute of Technology (FIT) or University of Central Florida (UCF). Additionally, although Cherie Down Park is owned by Brevard County, the park is centrally located in the community, and the City may wish to investigate the potential for acquiring the park to implement resilience strategies in addition to or in lieu of the proposed dry retention pond along the western side of the park. When assessing projects in the storm water Master Plan, the City's goal should be prioritizing projects, both gray and green, that will be sustainable in future conditions through the operational life span of the project and ultimately reduce the cost of the overall stormwater system by off -setting demand on the system through the use of increased green space and more on -site capturing capacity by private property. Assessing the budget to ensure adequate funding for appropriate maintenance for green infrastructure functionality will also be important as is developing a process or checklist to ensure that future flooding, storm surge and sea level rise have been assessed for each project and Stage 2Fresh Water Flooding After Precipitation Stage 3 : Salt Water Flooding appropriate techniques are Legend Ground Sky _ Fresh Water Salt Water Stormwater Drainage Infrastructure implemented based on the findings. 94 Fully Operating System Source: Stetson University Stage t: Salt Water Plug 73 RESILIENT CAPE CANAVERAL RECOMMENDATIONS D. Business and Home Protection Working with businesses to identify and provide opportunities to minimize risk and 1fif/speed recovery efforts would be beneficial. Generators for certain businesses such Flr rid as those identified in the public workshops, especially gas stations and the health PACEclinic, are critical. The City could develop and implement a program to help businesses become "disaster resilient" through structure fortification, development of business continuity plans, ensuring employees have a disaster response plan and SELFeducating businesses about the variety of funding and financing tools available for ,o,.A.Mo .Ea .4o.a. a fortifying their properties. There are many tools and resources available to help fund resilient and sustainable buildings. The City should educate the public on programs such as the Florida PACE Funding Agency (PACE) https://www.floridapace.gov and promote the Solar and Energy Loan Fund (SELF) to aid businesses, and homeowners, as well as the City itself, in financing improvements to property to make them more energy efficient and storm resilient. Also, the Florida Green Building Coalition (FBGC) is another resource that helps not only businesses and homeowners build to new standards but also offers a certificate for local governments that "set goals and implements environmental practices that can lead to tangible reductions in operation cost and capital outlays". FGBC not only leads and promotes sustainability but also provides recommendations to fortify homes for resilience through "disaster mitigation" points. These points are based on the "Fortified for Safer Living Standards" administered by the Institute for Business and Home Safety (IBHS) and provide new ways to build homes in hazard -prone areas. The Fortified Builders Guide and Designation criteria can be found at www.disastersafety.org/fortified along with many tools and strategies and includes items such as a checklist for reroofing with recommendations for nail types, flashing deck and standards for roofs within 3,000 feet of salt water. Other fortification techniques range from supporting buildings on deep foundations such as piles and drilled shafts, and the inclusion of steam and breakaway walls, along with elevating the first -floor living area well above base flood elevation (BFE). This could mean increasing building heights and also ensuring that all electrical boxes are elevated above flood levels. According to the IBHS, a "fortified designation increases property appraised value by 7% and even more, closer to the Coast". (Safety, 2019) E. Community Engagement and Education As education was a major recommendation from the public engagement activities, finding opportunities to engage property owners in ways to make their property more resilient and sustainable should be a priority. These outreach opportunities, educational materials and other avenues should focus on storm pre- and post -preparedness, appropriate tree maintenance, ways to fortify structures, green infrastructure/LID techniques and living shoreline strategies and prioritization. The City should host a forum with experts to educate both businesses and residents on the funding and building resources mentioned above, strategies/techniques and available funding and benefits associated 74 RESILIENT CAPE CANAVERAL RECOMMENDATIONS This is an example of a sustainable building was presented at New York IT's 3C Comprehensive Coastal Communities Competition, and subsequently recognized as one of the six most promising designs to help inspire new approaches to resilient housing typologies that illustrate possible ideas for elevation (without "stiffing") while including LID. Salt Lake City Fire Department with Solar Panels. with sustainable and resilient building. Pilot or "showcase" homes/businesses can be completed in the City by working with a willing business or homeowner to secure funding to implement a variety of these "fortified building" and sustainable building practices, including low impact/Florida- Friendly landscaping, living shorelines and solar to serve as an example of sustainable buildings. Leading by example and instituting changes in municipal buildings that ultimately save tax payers money for years to come is a strategy that the City should embrace. Requiring all City buildings to install and operate from solar and working towards utilizing Florida -Friendly landscaping and other strategies such as cisterns, rain barrels and rain gardens in order to capture the greatest amount of stormwater on -site is a good first step. As facilities are built or refurbished, higher standards such as building materials should be included. The City may wish to investigate the requirements and feasibility of the Florida Green Local Government Designation Standard via the FGBC. There are a number of cities across the U.S., like Salt Lake City, that are moving toward powering all governmental facilities on renewable energy. In Salt Lake City, a total of 756 solar panels were installed at seven facilities, including five fire stations, at a cost of $500,000 that is expected to be paid back through utility savings. In order to ensure that no barriers exist to allow businesses and homeowners to implement the FGBC standards for sustainability and disaster mitigation, the City should review all land development codes and the Comprehensive Plan for consistency. Landscape requirements, height limitations, required buffers/setbacks, and parking standards are areas that may create barriers to implementing these standards in the City. It is important for codes and policies to be in place that promote, require and/or incentivize resilience standards because without them, many will resort to business as usual and not develop structures and developments in a way that protect life and property. 75 RESILIENT CAPE CANAVERAL RECOMMENDATIONS F. Comprehensive Plan and Development To be compliant with the 2015 Florida Peril of Flood Act (SB 1094), the City must update its Comprehensive Plan to include goals, objectives and policies to address sea level rise, flooding and storm surge. This update should include data and analysis derived from the vulnerability analysis completed by the ECFRPC, which illustrates areas of impact as well as infrastructure and facilities vulnerable to coastal hazards. A reference should be made in the Comprehensive Plan to the vulnerability assessment for further information. Goals, objectives and policies in the Coastal Element of the Comprehensive Plan should cite items for legislative compliance as per Section 163.3178 (2)(f) and listed below, but should also include language that considers future conditions in planning decisions and processes that consider financial feasibility and appropriateness. Additionally, ensuring language addresses the objectives presented are based on the premise of the protection of life and property is of great importance. The six comprehensive planning provisions listed in Section 163.3178(2)(f), Florida Statutes are as follows. A redevelopment component should outline the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The components must: 1. 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 the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by FEMA. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the Coastal Construction Control Lines established pursuant to Section 161.053 be consistent with Chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System (NFIPCRS) administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. The City's main challenge will be, in the Coastal Element to include or enhance development, redevelopment strategies/solutions and site development techniques to reduce flood risk and encourage best practice use to remove coastal real property from flood zone designations. When considering engineering solutions and site development techniques, the City should consider both gray and green engineering solutions for infrastructure, as well as development of the site and building design. Such solutions could include larger stormwater pipes, stormwater parks, first floor elevation increases, floatable structures, green streets and various LID techniques. Due to the barrier island community exposure to water from both the Atlantic Ocean and the Lagoon, it is recommended that many of these recommendations be implemented City-wide. Others may be more relevant and necessary in the lower elevations and more highly vulnerable areas west of S.R. A1A and along the beach front. 76 RESILIENT CAPE CANAVERAL RECOMMENDATIONS It is important to begin to guide development out of the most vulnerable areas and manage infrastructure and development to protect life and property from natural hazards. Many communities prohibit an increase in density in the CH HA (Category 1 Storm Surge). However, as sea level rises, the degree of storm surge and depth will increase. To plan for this, it is recommended that the City prohibit density increases in the 100-year flood plain and areas vulnerable to at least a Category 2 storm surge, and sea level rise by 2070 using the USACE High Projection Rate Curve (the lower/minimum projection of the regional approach to sea level rise planning as recommended by the East Central Florida Regional Resilience Action Plan. These areas of impact could also be designated as an AAA. This optional designation is for "areas that experience coastal flooding and are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning for the purpose of prioritizing funding for infrastructure needs and adaptation planning." (Council S. F., 2014) The City should also consider policies and codes that either prohibit or severely restrict variances seaward of the CCCL. Additionally, it can be expected that as sea levels rise, modeling will show movement of the CCCL therefore it would be advantageous to assess the potential of adjusting minimum setbacks from the CCCL. The Coastal Element of the Comprehensive Plan focuses on the protection of the natural shoreline. It will be important for the City's resiliency to continue to prioritize the protection and functionality of the shoreline along both public and private property. Continuing sea oat plantings should be a priority for the City along with other living shoreline strategies, such as mangrove plantings along the BRL. The City should utilize partnerships with the Brevard Zoo, University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS) and Brevard County to review the living shoreline data collected and determine the appropriate areas for the various strategies. To facilitate the implementation and sustainability of living shorelines, the City should develop codes and ordinances to prohibit the destruction or removal of living shoreline habitats and buffers, and establish or require a minimum buffer of Lagoon - friendly vegetation to help stabilize the shoreline. Florida Friendly Landscaping: Image courtesy of Go Native Landscaping Ultimately, site design and land use techniques in the Coastal Element will need to be mirrored or referenced in the Future Land Use Element (FLUE). It will also be important that the FLUE process does not allow for increased density in the highly vulnerable areas of the City. As the City moves to assess projects and make land use decisions, future conditions will force the City to adopt a comprehensive approach to sea level rise. It is recommended that the City adopt the ECFRRAP's approach to sea level rise. The recommendation is that no one projection rate curve should be used for 77 RESILIENT CAPE CANAVERAL RECOMMENDATIONS planning purposes across all projects and programs. Instead, a range of rise should be considered based upon the vulnerability, allowable risk, project service life and the forecast project "in-service" date of a facility or development. The range should include a minimum rise of 5.15 feet by 2100 (2013 USACE High) with an upper range of 8.48 feet by 2100 (2017 NOAA High). Short-term planning should consider impacts out to 2040 (20-year planning horizon), medium -term planning should consider impacts out to 2070 (50- year planning horizon), and long-term planning should extend out to 2100 (80-year planning horizon). The Transportation Element of the Comprehensive Plan should be updated to include findings from the vulnerability assessment and include associated policies that ensure sea level rise, current and future flood risks and enhanced surge are considered in planning decisions. Review and enhancement of the Transportation Element of the Comprehensive Plan should include prioritization of street trees, infiltration planters, increased vegetation, swales, tree boxes, and other green street techniques, along with a policy to ensure all transportation projects include an assessment of impacts from flood hazards. The image following from Sandpoint Streets illustrates various techniques for creating green streets. As a small barrier island community, raising streets throughout the City would be extremely difficult. However, as mentioned previously, S.R. A1A serves as the critical corridor for the City and other jurisdictions along the barrier island. Ensuring S.R. A1A is engineered to be free of complete inundation or even extensive flooding will be a critical step towards the resilience of the City. Public engagement showed a high priority for assessing the roadway and bike/pedestrian system throughout the City. Creating greater bike/pedestrian connectivity as various redevelopment, green space and roadway improvement projects emerge, would help create an active and healthy community with alternative modes of transportation. City of Sandpoint I Downtown Revitalization Project GREEN STREETS & How They Work WHAT ISA GREEN STREET/ GREEN STREET BENEFITS Groon StfeCIS arc landscaped spaces teat tmnerarm noel Sun faces Into Iwogstormwafer management fact Irtles. Green streets capture stormwater runoff from adjacent streets and Sidewalks and allow stnrmwater to infiltrate into the ground as plants and soli alter Po...". • Improve urban qualrly of Fife and reelkeliley • Slow vehicular traffic • Provides habitat • Increacec pIXn water infibation • Reduces peak stWmweteratM, • Improves -mew auahty (Image courtesy of City of Sandpoint.) The Capital Improvement element should be updated to include policies that evaluates projects funded by the City based on an assessment of sea level rise, future flood risks and elevated storm surge to determine acceptable risk and associated costs for adapting or mitigating those risks. At some point in the future, as certain areas or infrastructure such as roadways face continuous or exacerbated flood hazards, 78 RESILIENT CAPE CANAVERAL RECOMMENDATIONS the City will need to determine the appropriate strategy for these areas: adapt, protect or strategically relocate. It is recommended that as other communities across the nation and world begin to answer these questions, the City keep abreast of strategies and processes to ensure decisions are made in an appropriate timeframe and manner to protect, to the greatest extent possible, life, property and investment. Finally, it is recommended that the City develop a "Community Fiscal and Resilience Balancing Test" that will examine and promote the planning and construction of infrastructure in a cost-effective, technologically and environmentally sound manner that balances the benefits, costs and challenges of infrastructure with design considerations for future impacts during the service -life of the project. As the City participates in the NFIPCRS program there are opportunities for the City to obtain additional points through some of the strategies above and through its land development code to require buildings and structures to be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612, Residential Section R322. The following information are additional strategies to not only comply with Peril of Flood overall, but also obtain points for the CRS program. The 2017 CRS manual incorporates the consideration of sea level rise into a number of elements, including Higher Study Standards (HSS) under Activity 410 (Flood Hazard Mapping); Coastal A Zone (CAZ) credit under Activity 430 (Higher Regulatory Standards); and Watershed Master Plan (WMP), under Activity 450 (Stormwater Management). Including sea level rise in WMP is required for coastal communities to meet the Class 4 prerequisite, and HSS credit for future -conditions hydrology is a Class 1 prerequisite. (CRS prerequisites are described in Section 211.) According to FEMA's document for the NFIP CRS for Small Communities, these small communities may benefit from some activities that could increase their rating, some of which are described below. Communities should focus on land in the floodplain and how it is managed, as the more designated open space in the Special Flood Hazard Area (SFHA), the more CRS credit is received. As recommended earlier, the City should assess potential for open space opportunities, especially if it removes built environment from within the SFHA. Enforcing regulations for development in the SFHA that exceed minimum requirements of the NFIP through freeboard, building codes and protection of critical facilities, may also increase CRS points. Based upon the findings of the vulnerability assessment, City Staff (planning, stormwater, building official, etc.) should reassess required elevations and fortification of properties, especially in the Coastal High Hazard Area (CHHA), the SFHA, and designated Adaptation Action Areas (AAA) — if so designated — and other areas vulnerable to sea level rise, flooding and storm surge (at least a Category 2). Many local governments are updating ordinances to increase the BFE of the lowest floor. Examples include: elevating the lowest habitable floor to 10 feet above BFE in CHHA areas; elevating the first floor to a minimum of either seven feet National Geodetic Vertical Datum (NGVD) or 30 inches above the highest point of any abutting street. FEMA also suggests developing an "impact adjustment map" to illustrate areas in the SFHA protected as open space and those affected by higher than NFIP building standards. If elevation certificates do not exist for the entirety of the City, it would be beneficial to work on completing this information, not only for Activity 310 of the CRS, but also to assist in a more strategic effort for resilience and better understanding potential flood risks of assets and private development. Some communities have developed an online platform for hosting the certificates. This platform could be 79 RESILIENT CAPE CANAVERAL RECOMMENDATIONS integrated into an overall section of the City's website that could serve as a portal for all things flood hazard related. This would include access to information about the FIRM, flood insurance, flood depth, sea level rise information, and flood protection information as well as outreach information concerning flood mitigation projects being implemented in the City. The site may also include a way for citizens to document historic and current flooding issues that may be occurring in the City. The City can also receive credit for working with local real estate agents to help foster disclosure of flood hazards. The recommendations presented in this section are for consideration by the City and may require partnerships with other entities and cross department collaboration. Many of these recommendations can also filter into the comprehensive plan, land development codes and other plans. Project reports and the ArcGIS story map can be found here: https://www.perilofflood.net/capecanaveral RESILIENT CAPE CANAVERAL REFERENCES VII. References ATSDR . (2019). Retrieved from Social Vulnerability Index Interactive Map: https://svi.cdc.gov/map.html Center for Disease Control. (2019). Retrieved from Social Vulnerability Tool kit: https://toolkit.climate.gov/tool/social-vulnerability-index Council, E. C. (2018). East Central Florida Regional Resiliency Action Plan. Council, E. C. (2018). Space Coast Transportation Planning Organziation Vulnerability Assessment. SCTPO. Council, S. F. (2014). Adaptation Action Areas Planning Guidebook. Florida Department of Environmental Protection. Safety, I. f. (2019). Disaster Safety. Retrieved from Disaster Safety: http://disastersafety.org/wp- content/uploads/2018/01/What-Is-FORTI FI ED-Home-Hurricane. pdf) Sweet. (2018). Patterns and Projectiosn of High Tide Flooding Along the U.S. Coastline Using a Common Impact Threshold. NOAA. Times, M. N. (n.d.). After Hurricane Irma Outages Miami Dade Could Make Traffic Lights Solar Powered. Retrieved from Miami New Times: After Hurricane Irma Outages Miami Dade Could Make Traffic Lights Solar Powered The Economic Impact Of a Resiliency Adaptation Project in Brevard County PREPARED BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL For the City of Cape Canaveral Luis Nieves -Ruiz, AICP Economic Development Manager East Central Florida Regional Planning Council June 7, 2019 About the East Central Florida Regional Planning Council The ECFRPC was established in 1962 as an area -wide association of local governments. It is one of Florida's ten regional planning councils and serves governments and organizations located within Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter and Volusia counties. Council staff provides technical assistance in the areas of land use and environmental planning, emergency preparedness, geographic information systems (GIS), health, housing, urban design, transportation and economic and fiscal analysis among others. Because of the ECFRPC, member governments have received more than $10.6 million in federal grants since 2011. This represents a return on investment of $2.53 for every dollar paid in assessments. Since 2003, The ECFRPC has been using the Regional Economic Models, Inc. (REMI) Policy Insight economic model to calculate the economic effects of a variety of policies and investments. The REMI model builds on the strengths of four major modeling approaches: Input -Output, General Equilibrium, Econometric, and Economic Geography. More detailed information about the model can be found at www.remi.com. Any questions about this economic impact analysis should be referred to Luis Nieves -Ruiz, AICP. He can be reached at (407)245-0300, ext. 308 or via e-mail at luis@ecfrpc.org. Ra-REMI This report publication was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. NA16NOS4190120. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their sub -agencies. Florida Coastal Management Program 2 Introduction The City of Cape Canaveral is located on a barrier island off of Brevard County's coast, immediately south of Port Canaveral, one of the world's busiest cruise ports. The City is also close to critical federal assets such as Kennedy Space Center, Cape Canaveral Air Force Station, and Patrick Air Force Base. Because of its proximity to the Atlantic Ocean and the Banana River Lagoon, the City is one of the most susceptible areas to sea level rise and coastal flooding from heavy rainfall and tidal surge events in Brevard County. Understanding the economic impact of these vulnerabilities is critical for the City's efforts to become a resilient community. In 2018, the Florida Department of Environmental Protection's Florida Coastal Management Program (FCMP) and the National Oceanic and Atmospheric Administration (NOAA) awarded a grant to the City of Cape Canaveral to develop a community resilience plan. As part of this process, the ECFRPC conducted an economic impact analysis of sea level rise using the REMI PI+ model. Economic impact analysis helps to estimate the direct, indirect and induced effects of a new activity or investment. The direct effect is defined as the benefits created by the original investment or policy change. Besides these direct effects, this new activity will also generate additional demand for goods and services that are usually met by local suppliers. This is considered an indirect economic impact. Finally, the new employees will spend their incomes on household needs such as rent, food, and entertainment among others. This is considered the local consumption or induced economic effect. These indirect and induced impacts are often referred to as the economic ripple effect. Figure 1: Economic Impact Ripple Effect This economic impact analysis project includes two different scenarios. First, the ECFRPC made changes to the REMI's forecast to account for the economic impact of sea level rise between 2030 and 2060. This "what if' scenario estimates the economic consequences of doing nothing to address sea level rise. The ECFRPC then used this new baseline forecast to develop an economic scenario that takes into account the actions taken by the City and State officials to adapt to sea level rise. In this case, the City is interested in developing State Road (SR) A1A, also known locally as Astronaut Boulevard into a Complete/Green Street that includes features to address the estimated inundation levels. Methodology, Inputs and Assumptions The first part of this project was to determine the inundation levels that the City of Cape Canaveral will need to adapt from. The ECFRPC downloaded the inundation level data from NOAA's Digital Coast Sea Level Rise Viewer, which depicts the potential inundation of coastal areas resulting from a 1 to 10-foot rise in sea level above current Mean Higher High Water (MHHW) conditions. This data depicts inundation levels created by rising sea levels during a forty -year period (2030-2070). The City of Cape Canaveral is not expected to have to deal with the brunt of inundation until the last two decades. However, the REMI forecast only goes to 2060. The ECFRPC decided to start entering inputs in the decade prior to the NOAA inundation curve starting at 2030. This decision also recognizes that rising waters will be creeping slowly through the study period rather than all at once. The City of Cape Canaveral is interested in exploring how developing SR A1A (Astronaut Boulevard) as a Complete/Green Street could help to address some of the City's future resiliency issues. The degree to which a Complete/Green Street can address sea level rise has never been properly quantified. However, Smart Growth America states that Complete Streets that are combined with green infrastructure features (bioswales, permeable surface materials, and paving) can serve as important storm water management tools. Thus, this simulation assumes that limiting the amount of impervious surface would alleviate the problems arising from sea level rise. To develop the actual simulation, the ECFRPC relied on three main data sources. First, the ECFRPC identified all establishments located within the sea level rise inundation areas using Infogroup's Reference USA database. Home businesses and those businesses without a website or other form of verification were eliminated. This decision reduced the total number of businesses from 121 to just 44. Another challenge is that high technology companies like those that locate in the Space Coast usually are classified as 999 (unclassified establishments). Economic modeling software only includes the North American Industry Classification System (NAICS) standard classification, which ends at 92 (Public Administration). Thus, the ECFRPC provided a new NAICS classification to these businesses based on the information provided by their websites. Most of the affected businesses are located along SR A1A (Astronaut Boulevard). Figure 2: New Jobs near SR A1A (Astronaut Boulevard) area Type of Use Multiplier Number of Rooms Estimated Employees Hotel 0.5 Jobs/Room 678 339 Light Manufacturing/Storage 1 Job/850 sq. ft 161,619 190 Total Employees 529 Source: City of Cape Canaveral, ECFRPC calculations In addition to Infogroup, the City of Cape Canaveral provided the ECFRPC with the location of several projects that are currently on the development review pipeline within the inundation area. This includes four new hotels and a mixed -use Planned Development project that will include 4 light manufacturing and self -storage uses. ECFRPC staff geocoded these new businesses and estimated their total number jobs based on the number of hotel rooms and square footage using the job multipliers provided in the next table. Based on this methodology, the new projects should yield about 529 new jobs. To calculate the economic impact of these business losses, the ECFRPC used total annual business sales (output) as provided by Infogroup. In the case where the business record did not have that information, the ECFRPC multiplied the total number of employees by REMI's labor productivity industry numbers for Brevard County to calculate the total output. Figure 3: Businesses in Cape Canaveral within Sea Level Rise Zones 2040, 2060, and 2070 • Accommodation and Food Service (13) O All Other Industries (18) • Professional Scientific Services (6) • Retail Trade (7) NOAA 2040 ▪ NOAA 2060 ▪ NOAA 2070 Parcels 0.25 0.5 Miles IIIIIIIIIIIp-I lMIIIIIIII -1 Gape :onnveTat SHORE}. HI Re,,F AV€ '000 PR _IIANOlER4 C ARO{,IRE 6T ,n uu,rn OGnrw+ rot 1. /YI HARBOR OR CORAL 0R SURI DR Cu w ,,€sri, HERE. Garmin. OpenStreetMap contributors. and the GIS user community Source: Infogroup, NOAA 5 The last source of information used for this analysis was the Brevard County Property Appraiser's tax rolls. According to NOAA's sea level rise layers and ECFRPC analysis, there are more than 250 parcels that would be affected by rising sea levels. These properties will be either completely or partially inundated or would lose access because of flooded roads. To simplify this analysis, ECFRPC staff assumed that all these parcels would lose their value because of being permanently flooded or inaccessible. Currently, these properties have a total taxable value of over $114.5 million. The ECFRPC calculated the tax revenue loss based on the 2018 property values. It would be very difficult to assess property value and tax rate changes for a thirty year period. Therefore, the ECFRPC decided to use the 2018 Adopted Tax Rate (15.191200) and the 2018 tax rates when calculating tax revenue loss. These property tax losses are cumulative as more parcels become gradually affected by sea level rise. Moreover, because the REMI forecast stops at 2060, the ECFRPC added the revenue losses a decade earlier. Development of New Baseline Scenario The purpose of economic impact analysis modeling is to measure the effects that one-time events or policy changes can have on a region's economy. This type of model traces spending through the regional economy based on several preset variables such as regional employment and industry structure patterns. When the modeler introduces a shock (new jobs or investment), the model will react based on this predetermined scenario. This regional control forecast also estimates future regional demand and economic conditions based on historical patterns. Because it is a fairly new phenomenon, the REMI forecast does not contemplate the devastating effects that sea level rise will have on the coastal economies. Because sea level rise is gradual in nature, its economic impacts need to be incorporated annually. After consulting with REMI staff, the ECFRPC decided to develop a new baseline forecast that takes into account the output and tax revenue losses resulting from sea level rise. The ECFRPC is referring to this adjusted forecast as the sea level rise baseline. It shows additional positive economic activity during the first two decades (2020-2040) because of the addition of the new hotel and light manufacturing projects currently under review. After 2040, economic activity starts to decline because of the detrimental effects of sea level rise and start becoming negative after 2050. This is when Cape Canaveral can be expected to suffer the brunt effects of sea level rise. Output losses were entered as Detailed Industry Sales variables. Figure 4: Industry Output Losses as Entered into the Baseline Forecast Infogroup REMI variable Output/Sales Loss Per Year 2040-2049 (2060) 2050-2060 (2070) 44-45 Other Retail -$791,700 -$144,909 523 Other Financial Investment Activities -$57,143 -$57,143 532 Automotive Equipment Rental and Leasing -$87,190 -$87,190 721 Accommodation -$2,148,300 -$6,658,364 All Other Industries N/A -$6,947,606 Source: Infogroup, ECFRPC calculations 6 The ECFRPC used the company NAICS codes to determine the most appropriate REMI sectors. The output numbers were divided for the two different curves (2060, 2070) and aggregated (Figure 4). The output losses will be entered gradually by year into the model. All numbers were entered as negatives. The City also provided additional future businesses that were added to the analysis. These property tax revenue numbers were entered into the model as State and Local Government Spending, because any losses in tax revenue will affect how much money the government can spend on goods and services. These losses started a decade later than the output losses. Figure 5: Property Tax Losses As Entered into the Forecast Inundation Curve Total Parcels Taxable Value Loss Total Tax Revenue Loss 2040 111 $40,284,570 $611,971 E 2060 132 $58,527,290 $889,100 2070 265 $114,502,660 $1,739,433 Total $213,314,520 $3,240,504 Source: Brevard Property Appraiser and ECFRPC calculations These three variables were used to develop the new Sea -level Baseline Forecast for Brevard County. On average, the new baseline shows 656 jobs less annually than the REMI forecast. The baseline forecast also shows $179.5 million less in sales and close to $95 million less on personal income than the original forecast. Finally, Brevard County's Gross Domestic Product (GDP) is about 20 percent in the baseline scenario. The ECFRPC used this adjusted baseline to develop a new mitigation scenario. Mitigation Scenario: SR A1A (Astronaut Boulevard) Complete/Green Street Project Once the new Sea -Level Baseline forecast was completed, the ECFRPC proceeded to develop a sea level rise mitigation scenario. The City of Cape Canaveral is interested in exploring how developing SR A1A (Astronaut Boulevard) as a Complete/Green Street could help to address some of the City's future resiliency issues. This road is the spine of an important business corridor that includes hotels, professional offices, and high tech industries. There are also at least four projects planned along the road that will increase its economic importance to the City. Based on NOAA's sea level rise curve, Astronaut Boulevard will be almost completely flooded by 2070. The loss of this corridor would be catastrophic to Cape Canaveral's economy. The ECFRPC did not find any examples of jurisdictions that have quantified the economic benefit of using a Complete Streets strategy to mitigate sea level rise. However, according to Smart Growth America, Complete Streets that are combined with green infrastructure features such as bioswales, permeable surface materials, and paving do serve as important stormwater management tools. The Federal Emergency Management Agency estimates that for every dollar invested in mitigation projects, the jurisdiction receives $5 dollars in economic benefit. Based on this information, the ECFRPC assumed that turning SR A1A (Astronaut Boulevard) into a Complete/Green Street will help to address resiliency issues along this corridor. 7 The first variables entered into the model were the construction and maintenance costs of the Complete/Green Street. According to Smart Growth America, these costs can vary based on the type of features included in the project, the road context, and environmental constraints. Since the objective of this project is not to recommend any specific costs design, the ECFRPC estimated the cost per mile of the green street based on the best available information. The City of Cape Canaveral is proposing a Complete Streets project near SR A1A (Astronaut Boulevard) that is estimated to cost $1.435 million for two road segments that are 4,940 linear feet in length. This would be a construction cost of $1,533,765 per mile. These construction estimates exclude soft costs such as engineering plans, permitting, surveys, and other contingencies. For the purpose of this simulation, it would be safe to assume that a Complete/Green street could easily cost $2 million per mile. Figure 6: Astronaut Boulevard P annex l lc1,1M4) F':anned Lipp}1f rnrfachiring/Sbrape i l] (``• Mcommodalan and Food Serves ('31 0 Al otPar,nouetuee rat • 13rr11r :almlS6r1r1ifir1,uicr.(51 • 1iela1 l ra0e ((1 N5a A 2040 ▪ N.A PMD ▪ NOAA2NTp Par[rls Earl, HERE, Gann n,i OpenSlree[N1ap con Sources: City of Cape Canaveral, Infogroup, NOAA 8 Based on the GIS measuring tool, the portion of SR A1A (Astronaut Boulevard) evaluated for this project is approximately .74 miles. Therefore, the ECFRPC entered a $2 million cost for the project into the model as State Government spending in 2030. The ECFRPC also assumed that road maintenance costs would be 10 percent of the total cost of the road. This $200,000 cost was entered annually from 2031 to 2060. All these numbers were entered as negatives. Turning SR A1A (Astronaut Boulevard) into a Complete/Green street should produce economic benefits to the businesses located within this corridor. The literature examined for this project states that there are multiple economic development benefits of turning regular roads into complete streets. However, the ECFRPC decided to stay with more conservative estimates to avoiding having to make assumptions. To do this, the ECFRPC assumed that the new Complete/Green Streets project will reduce business production costs for the businesses located along SR A1A (Astronaut Boulevard). The ECFRPC is assuming that making this corridor a Complete/Green Street (with less impervious surfaces, natural walkways, and water retention areas, among other features) will help to manage additional water from sea level rise. This will help these businesses save some expenses needed to adapt to sea level rise. Figure 7: Property Tax Losses by As Entered into the Forecast Construction -$2,000,030 Source: ECFRPC Estimates Annual Maintenance -$200,003 The ECFRPC selected only the industries with the highest output losses to lower their production costs. These were Accommodation, Automotive Rental and Leasing, Construction, Other Financial Investment, Search Detection and Navigation Instruments, and Retail Trade. Based on conversations with REMI staff, the ECFRPC decided to take a conservative approach and only reduce production costs three percent between 2031 and 2060. The ECFRPC used REMI's interpolate linear function which added the production costs progressively through this 30-year period. These variables were entered into the REMI model to calculate the impact that this mitigation project would have on the Sea -Level Rise Baseline forecast. One limitation of the REMI model is that it can only provide results at the county level. However, since the inputs entered to create this model are specific to Cape Canaveral, it can be assumed that the brunt of the economic impacts will be felt at the city level. The results of this simulation are summarized in the next section of the document. Summary of Economic Simulation Results Figure 8 depicts the economic differences between the Sea -level Rise Baseline forecast and the mitigation scenario. Based on the losses in business output and government revenue, not addressing sea level rise could, on average, cost a total of 656 jobs, $175.5 million in sales, close to $95 million in personal income, and $97.1 million in gross domestic product. These numbers are countywide, but it can be assumed that the City of Cape Canaveral would bear the effect of these 9 losses. To avoid this scenario, the State could work with the City to develop a Complete/Green Street project along the SR A1A (Astronaut Boulevard) commercial corridor that could help to mitigate the effects of sea level rise. According to the REMI model, the construction and annual maintenance costs of this project will be more than offset by the benefits it would provide to businesses in the form of reduced adaptation costs. According to REMI, developing this mitigation will help to create more than 1,574 jobs. This employment estimate includes full-time, part-time, and temporary positions, which the model gives equal weight. Most of these new jobs will be created in the Retail Trade, Manufacturing, Construction, and Accommodation and Food Services. Figure 8: Comparison of Baseline Forecast and Mitigation Scenario Baseline Mitigation Scenario Economic Indicator Average Loss/Gain Average Loss/Gain Total Employment -656 1,574 Output -$179,545,455 $512,829,268 Personal Income - $94,909,091 $569,707,317 Gross Regional Product -$97,181,818 $315,024,390 Source: REMI PI+ East Central Florida Region v 2.2 Often referred to as total sales volume, output measures the gross level of business revenue which includes both the costs of labor and materials (intermediate inputs) and value added activities (compensation and profits). Since business output is the broadest measure of economic activity, it tends to generate the largest numbers. This new scenario shows that on average there will be an increase of close to $513 million in sales during this 41-year study period. Personal income refers to total earnings from employee compensation, wage supplements, rents, transfer payments, and other business ventures. The construction and operation of this new development will add $569.7 million of personal income to City and county residents. Finally, another important economic indicator is gross regional product (GRP), sometimes referred to as gross domestic product (GDP), this figure represents the market value of all goods and services produced by labor and property. Based on the results of this simulation, the construction and operation of the new facility will add more than $345 million to Brevard County's GRP. In conclusion, the REMI model estimates that this Complete/Green Street project would have a positive impact on Brevard County and the City's economy. These results are based on the inputs and assumptions used to develop this scenario. These include the project's construction and maintenance costs, and the reduction of business production costs. One limitation of this simulation was the dearth of quantitative data explaining the cost/benefit ratio of resiliency projects. Because of this situation, the ECFRPC had to make several assumptions to cover these data gaps. This should be addressed as the inundation models become more sophisticated. A future iteration of this model would also benefit from having more comprehensible data regarding the costs of constructing and maintaining a Complete/Green street project in Florida. 10 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 Item No. 5 Subject: Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: As required by the Florida Community Planning Act, the City adopted a Comprehensive Plan which includes prescribed elements or chapters; one of which is the Future Land Use (FLU) Element. The FLU Element establishes general policy direction for the City to guide future development in terms of land -use patterns and relationships. In other words, the FLU Element lays out a road map on how we want to grow/develop as a City. The FLU Element establishes a number of distinct land use categories, including: C1 — Commercial; C2 — Commercial/Manufacturing; M1 — Industrial; R1 — Residential; R2 — Residential; R3 — Residential; PUB — Public/Recreation; and, CON — Conservation. Each of the FLU categories establishes minimum regulatory standards as spelled -out in Florida Statute. To properly implement the standards established in the respective FLU categories and to further define said categories, the City relies on associated zoning districts as contained in the City's land development regulations/zoning code. Each zoning district contains specific standards that apply to development within that district. As an example, the R-2 zoning district includes standards as to the number of units allowed per acre, setbacks from property lines, maximum height of structures and minimum floor area. This is the case for all of the future land use categories contained in the FLU Element; except for two, the Conservation and Public/Recreation categories. Neither of these two corresponding zoning districts were ever established in the City's Code of Ordinances. For this purpose, the attached Ordinance has been prepared by the City Attorney's Office that establishes two new zoning districts: 1 - Conservation; and, 2 - Public/Recreation. The new zoning districts, which are rooted in the associated FLU districts, spell out permitted and prohibited uses, parking requirements, setbacks and minimum dimensional requirements for lots. The intent of the Public/Recreation zoning district is to "provide land for public facilities and active recreation while preserving open space for enjoyment of nature." The Conservation zoning district is to "preserve the natural environment and open space of certain areas deemed suited for preservation while allowing for limited less -active recreational opportunities compatible with the area." As an example, public facilities such as City Hall, the City wastewater plant, Cherie Down Park and the Cape Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park and Manatee Park will be zoned Conservation. Once the two new zoning districts are established, the appropriate parcels will be rezoned to either Conservation or Public/Recreation as part of the administrative rezoning project currently underway. City Council Meeting Date: 8/20/2019 Item No. 5 Page 2 of 2 At its July 30, 2019 regular Meeting, the Local Planning Agency/Planning and Zoning Board unanimously recommended approval of Ordinance No. 15-2019. Submitting Department Director: David Dickey i Date: 8/6/19 Attachment: Ordinance No. 15-2019 Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/19 The City Manager recommends that City Council take the following action: Approve Ordinance No. 15-2019, on first reading. Approved by City Manager: David L. Greene Date: 8/6/19 1 ORDINANCE NO. 15-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE 4 CITY OF CAPE CANAVERAL, BREVARD COUNTY, 5 FLORIDA; ESTABLISHING PUBLIC/RECREATION AND 6 CONSERVATION ZONING DISTRICTS; PROVIDING FOR 7 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES 8 AND RESOLUTIONS, INCORPORATION INTO THE 9 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 12 State Constitution, to exercise any power for municipal purposes, except when expressly 13 prohibited by law; and 14 15 WHEREAS, the City has a adopted a Comprehensive Plan in accordance with the 16 Community Planning Act; and 17 18 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan 19 establishes a future land use category for Public and Recreation Facilities and Conservation; and 20 21 WHEREAS, the City Council desires to create and adopt a zoning district designation 22 for Public and Recreation Use and Conservation consistent with, and for purposes of 23 implementing the City's Comprehensive Plan; and 24 25 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this 26 Ordinance on July 30, 2019 and recommended that the City Council adopt this 27 Ordinance; and 28 29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 30 this ordinance to be in the best interests of the public health, safety and welfare of the citizens of 31 Cape Canaveral. 32 33 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 34 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 35 36 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 37 reference as legislative findings and the intent and purpose of the City Council of the City of 38 Cape Canaveral. 39 40 Section 2. Code Amendment. Chapter 110, Article VII — Districts of the Code of 41 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined 42 type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a 43 deletion from this Ordinance of text existing in Chapter 110, Article VII - Districts. It is 44 intended that the text in Chapter 110, Article VII - Districts denoted by the asterisks and set forth 45 in this Ordinance shall remain unchanged from the language existing prior to adoption of this 46 Ordinance: 47 48 CHAPTER 110 - ZONING 49 City of Cape Canaveral Ordinance No.15-2019 Page 1 of 6 1 ARTICLE VII. - DISTRICTS 2 3 4 5 DIVISION 9. - PUB/REC PUBLIC RECREATION 6 Sec. 110.380. — Intent 7 The intent of the Public/Recreation (PUB/REC) zoning district is to provide land for 8 public facilities and active recreation while preserving open space for enjoyment of nature. Uses 9 within this category shall be designed to provide a high -degree of compatibility with community 10 needs and adjoining land uses, particularly residential ones. 11 Sec. 110.381. — Principal uses and structures. 12 The principle uses and structures permissible in the PUB/REC zoning district are as 13 follows: 14 j Public parks, including open space, playgrounds, and athletic fields. 15 16 (2) Public facilities such as city hall, public schools, public safety buildings, 17 public utility facilities and cultural institutions including museums, libraries 18 and art galleries. 19 20 (3) Public recreation facilities such as kayak launches, skate parks, community 21 centers, amphitheater, picnic tables and pavilions, tennis, basketball and 22 bocce courts and swimming pools. 23 24 (4) Multi -purpose recreation trails and boardwalks. 25 26 (5) Frisbee golf courses. 27 28 (6) Drainage and stormwater facilities. 29 30 (7) Botanical and community gardens. 31 32 (8) City initiated, sponsored and approved public art. 33 34 (9) Piers and non -motorized boat launches. 35 36 (10) Other public or recreational uses approved by the City Council at a duly 37 held public hearing. 38 39 Sec. 110.382. — Accessory uses and structures 40 The accessory uses and structures permitted in the PUB/REC zoning classification shall 41 be as follows: City of Cape Canaveral Ordinance No.15-2019 Page 2 of 6 1 (1) Caretakers home. 2 3 (2) Administrative, support, restrooms and storage buildings of under 10,000 4 square feet per building. 5 6 (3) Restaurants and snack bars primarily utilized by users of the park or 7 recreational facility. 8 9 (4) Community meeting halls/buildings 10 11 Sec. 110.383. — Special exceptions permissible by the Board of Adjustment. 12 RESERVED 13 Sec. 110.384. — Prohibited uses and structures. 14 In the PUB/REC zoning district, all uses and structures not specifically or provisionally 15 permitted in this Division are prohibited. 16 Sec. 110.385. — Area and Dimensions. 17 In the PUB/REC zoning district, the following area and dimensions shall apply: 18 (1) Minimum lot area shall be 5,000 square feet. 19 20 (2) Minimum lot width shall be 50 feet. 21 22 (3) Minimum lot depth shall be 75 feet. 23 24 (4) Maximum coverage for building footprints shall be 35 percent, with overall 25 impervious coverage not exceeding 50 percent. 26 27 ) Maximum building height shall be 35 feet. 28 29 Sec. 110.386. — Minimum setbacks 30 In the PUB/REC zoning district, the minimum setback shall be 15 feet from all lot lines. 31 Sec. 110.387. — Off-street parking and access. 32 In the PUB/REC zoning district, off-street parking and access to public or private 33 roadways shall be provided in accordance with Land Development Code sections 110.491 and 34 110.493. 35 DIVISION 10. - CONSERVATION 36 37 Sec. 110.388. — Intent. 38 The intent of the Conservation (CON) zoning district is to preserve the natural 39 environment and open space of certain areas deemed suited for preservation while allowing 40 for limited less -active recreational opportunities compatible with the area. 41 City of Cape Canaveral Ordinance No.15-2019 Page 3 of 6 1 Sec. 110.389. — Principle uses and structures. 2 3 The following principle uses and structures shall be permissible in the Conservation 4 zoning district: 5 (1) Public and private game preserves, city, county and state parks, wildlife 6 management areas and refuges. 7 8 (2) Low -intensity public recreation, including, but not limited to, bicycle/nature 9 trails, boardwalks pavilions and overlooks, bird watching, recreational 10 fishing, canoeing or kayaking, nature centers and small, low -intensity 11 playgrounds. 12 (3) Water conservation areas, reservoirs and wells. 13 14 (4) Natural vegetated areas. 15 16 fjj Wetlands. 17 18 (6) Aquatic preserves. 19 20 (7) Historic or archaeologic sites. 21 22 (8) Other passive, conservation related uses approved by the City Council at a 23 duly held public hearing. 24 25 Sec. 110-390. — Accessory uses and structures. 26 The accessory uses and structures permitted in the Conservation zoning district shall be 27 as follows: 28 (1) Caretakers home. 29 30 (2) Administrative, support, restrooms and storage buildings of under 10,000 square feet. 31 32 (3) Any other uses found to be accessory and incidental to a permitted principle use and/ 33 or structure. 34 35 Sec. 110-391. — Prohibited uses and structures. 36 In the Conservation zoning district, any uses or structures not specifically or provisionally 37 permitted in the district are prohibited. 38 39 Sec. 110-392. — Area and dimensional standards. 40 In the Conservation zoning district, the following area and dimensions shall apply: 41 42 (1) Minimum lot area shall be one (1) acre. 43 44 (2) Minimum lot width and depth shall not be required, so long as the lot area is one (1) 45 acre or more. City of Cape Canaveral Ordinance No.15-2019 Page 4 of 6 1 2 3 4 (3) Maximum coverage for building footprints shall be 30 percent, with overall impervious coverage not exceeding 30 percent. 5 Sec. 110-393. — Minimum setbacks. 6 Minimum front, side, and rear setbacks shall be 25 feet for the Conservation zoning 7 district. 8 9 Sec. 110-394. — Off-street parking and access. 10 In the Conservation zoning district, off-street parking and access to public or private 11 roadways shall be provided in accordance with Land Development Code sections 110.491 and 12 110.493. 13 14 Sec. 110-394 — 110-400. — Reserved. 15 16 17 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 18 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 19 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 20 21 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 22 Canaveral City Code and any section or paragraph, number or letter and any heading may be 23 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 24 like errors may be corrected and additions, alterations and omissions not affecting the 25 construction or meaning of this Ordinance and the City Code may be freely made. 26 27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 28 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 29 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 30 be deemed a separate, distinct and independent provision, and such holding shall not affect the 31 validity of the remaining portions of this Ordinance. 32 33 Section 6. Effective Date. This Ordinance shall become effective immediately upon 34 adoption by the City Council of the City of Cape Canaveral, Florida. 35 36 37 38 39 [Adoption and Signature Page Follows] 40 41 42 43 44 45 46 47 48 City of Cape Canaveral Ordinance No.15-2019 Page 5 of 6 1 2 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 4 of , 2019. 5 6 7 Bob Hoog, Mayor 8 9 10 11 ATTEST: For Against 12 13 Mike Brown 14 15 Mia Goforth, CMC Robert Hoog 16 City Clerk 17 Wes Morrison 18 19 Rocky Randels 20 21 Angela Raymond 22 First Hearing: August 20, 2019 23 Advertisement: 24 Second Hearing: 25 26 Approved as to legal form and sufficiency 27 for the City of Cape Canaveral only by: 28 29 30 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.15-2019 Page 6 of 6 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/20/2019 Item No. 6 Subject: Wave Village Draft Development Agreement Department: City Manager's Office Summary: At the June 18, 2019 City Council Meeting, Attorney Kimberly Rezanka, representing Oshri "Mosh" Gal (hereinafter referred to as "Developer"), presented materials, including a Draft Development Agreement, regarding the proposed Wave Village project located at 8801 Astronaut Boulevard. Among other things, Ms. Rezanka requested Council direct the City Manager to place on a future City Council Agenda a draft development agreement for consideration which has been prepared by the Developer. For the reasons expressed below, the current draft development agreement being proposed by the Developer is incomplete, in conflict and inconsistent with City Code and not ready to present to City Council for lawful consideration. Therefore, if Developer desires to pursue a Port of Call Facility under the Economic Opportunity Overlay District (EOOD) regulations, City Council should deny the request and direct the Developer to work with City Staff to complete a draft development agreement that City Staff deems complete, consistent with City Code and adequate for the City Council's lawful consideration. Background: City Staff has already proposed modifications to Developer's draft Development Agreement and has been attempting to work with Developer to complete the Development Agreement for months. Despite recent repeated efforts by the City Staff to engage Developer to complete the Development Agreement, Developer has refused to continue discussing or meeting with City Staff to complete it. Rather, Developer is requesting City Council consider his version of the draft Development Agreement. The request is very problematic and has several negative implications for City Council and the City. A concise chronology of events leading up to the June 18, 2019 City Council Meeting is described in the attached letter, dated May 15, 2019, from City Attorney Garganese to Ms. Rezanka (Attachment 1). The City Attorney's letter also points out several significant problems with the Developer's proposed Development Agreement including City Staff's position that several provisions are ultra vires (unlawful) and in conflict with City Code. The subject property is zoned C-1 and located in the EOOD. The proposed Wave Village is a unique development project for the City which, as a proposed Port of Call Facility, requires a development agreement be approved by City Council. A Port of Call Facility is generally and conceptually defined in the EOOD as a tourist -related project. However, it requires a development agreement to actually define and authorize acceptable land uses on a project -by - project basis. In other words, a Port of Call Facility does not exist as a permitted land use unless there is a negotiated development agreement creating it for a specific property. On August 10, 2018, Ms. Rezanka and Developer were advised, because of the tourist -related nature of the proposed Wave Village project, the project would be eligible to be categorized as a "Port of Call Facility" but that such a project must be approved through a binding development agreement approved by Council. City Council Meeting Date: 08/20/2019 Item No. 6 Page 2 of 3 Ms. Rezanka prepared an initial draft of a development agreement and transmitted it to the City for review and comment on November 14, 2018 (Attachment 2). The draft Agreement was reviewed by City Staff and the City Attorney and a revised agreement was returned to Ms. Rezanka and Developer on February 21, 2019 (Attachment 3). No formal written comments were received from Ms. Rezanka until May 1, 2019 when she submitted a draft rejecting virtually every City -requested revision and furthermore demanded the Developer's version of the Agreement be presented to Council. Note that the draft Agreement submitted by Ms. Rezanka at the June 19, 2019 Council meeting was identical to the May 1, 2019 version. City Staff supports and was prepared to recommend approval of the draft Development Agreement incorporating the proposed modifications presented to the Developer by City Staff. Alternatively, City Staff is also prepared to discuss the modifications with the Developer and make additional changes to the City Staff version of the Development Agreement if necessary and consistent with City Code. However, City Staff does not support Developer's version of the Development Agreement because it is incomplete, in conflict and inconsistent with the City Code, and not ready to present to City Council for lawful consideration. For example: • Developer's Draft Agreement includes language allowing the proposed structures be built to a height of 65 feet. This is not allowed by Code. Any structure (within the EOOD Overlay District) over 45 feet in height must be approved by the Community Appearance Board (Sec. 110-624). Should Developer's draft of the Agreement be approved, Council would be conferring special privileges upon him that are not authorized by Code and potentially exposing the City to legal action. Current City Code also does not allow buildings over 45 feet in height by development agreement. To summarize, Council is being asked to act beyond its legal power and authority. • Developer's Draft Agreement includes proposed signage that is not allowed by Code, unless a zoning variance is granted by the Board of Adjustment related to size and dimensional requirements. Current City Code does not allow sign code variances by development agreement. • Developer is proposing a mixed -use, multi -phased project including a vacation apartment rental component. As proposed, a vacation rental apartment is a tourist related dwelling unit that is an alternative to a hotel. Dwelling units are not permitted in the C-1 zoning district. Further, a vacation rental apartment is neither defined nor permitted by City Code. Moreover, the EOOD is intended to promote hospitality related commercial development that capitalizes on the economic benefits of Port Canaveral. In order for a vacation rental apartment to be allowed for this project, it must be adequately defined, be incorporated into an approved Port of Call Facility by development agreement, and be subject to appropriate safeguards and conditions consistent with the EOOD and other applicable provisions of City Code. Although City Staff is intrigued and generally supports the vacation rental apartment concept as part of the overall project for the subject property, Developer's proposed Development Agreement does not provide adequate detail and safeguards regarding the proposed vacation rental apartment component of project. City Council Meeting Date: 08/20/2019 Item No. 6 Page 3 of 3 • Developer submitted detailed architectural elevations of the proposed buildings including for the proposed vacation rental apartments. These architectural elevations were presented to City Council by Ms. Rezanka at the June 18, 2019 Meeting. The proposed buildings are approximately 65 feet in height. Developer has requested the architectural elevations also be presented to the Community Appearance Board (CAB) for consideration and approval. However, until such time the City Council approves a development agreement creating and authorizing a Port of Call Facility inclusive of the vacation rental apartment use, City Staff believes the Developer's request is premature and would be inappropriate for the CAB to consider approving an aesthetic review proposal for a proposed land use not yet authorized. The City has repeatedly requested the Developer re-engage in negotiations with City Staff to complete an acceptable agreement that can be presented to the Council for its lawful consideration. In fact, the City Attorney reached out to Ms. Rezanka after the June 18, 2019 Meeting to again encourage Developer to work with City Staff to complete the Development Agreement so it can be presented to the City Council for final action. The City Attorney's request was rejected. By asking Council to direct the City Manager to schedule Developer's draft Development Agreement for consideration and a public hearing is very problematic and wrongly places the Council in a position of inappropriately considering a matter that is not supported by City Code. City Staff does not support Developer's request at this time. In addition, City Staff strongly recommends City Council not accept this request which would place itself in an inappropriate position. Attachments: 1. Anthony Garganese Letter - May 15, 2019 2. Draft Development Agreement submitted by Mr. Mosh Gal - November 14, 2018 3. Revised Development Agreement including City comments - February 21, 2019 4. Packet submitted by Ms. Rezanka to City Council - June 18, 2019 Financial Impact: Staff time to prepare agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/12/19 The City Manager recommends that City Council take the following actions: Decline consideration of the Wave Village Draft Development Agreement for the reasons expressed herein: if the Developer desires to pursue a Port of Call Facility under EOOD regulations, Developer should work with City Staff to complete a draft development agreement that City Staff deems complete, consistent with City Code and adequate to present to City Council for lawful consideration. Approved by City Manager: David L. Greene Date: 8/12/19 Attachment 1 GARGANESE, WEISS D'AGRESTA & SALZMAN, P.A. Attorneys at Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 May 15, 2019 Sent via email: kim@cfglawoffice.com Ms. Kimberly Rezanka 96 Willard Street Cocoa, Florida 32920 Anthony A. Garganese Board Certified City, County & Local Government agarganese(orlandolaw.net Re: Wave Developments, LLC, 8801 Astronaut Blvd. — Wave Village Mixed Use Project Dear Ms. Rezanka: The City Manager has asked me to respond to your email sent yesterday regarding your May 1, 2019 letter. First, as you are now aware, your legal assistant's May 1, 2019 email to the City Manager, which included your May 1, 2019 letter and your slightly revised initial draft of the development agreement, was not received by the City Manager because it was filtered and delivered to spam where it remained unopened. However, I did receive the email and after receipt, I briefly mentioned its conclusion to the City Manager and David Dickey. I generally advised them that your client, Mosh Gal, surprisingly rejected virtually every revision to the development agreement provided to you by the City on February 21, 2019, and that he demanded that his version of the development agreement be submitted to the City Council for a hearing. As you are aware, you and I spoke several times on the telephone after the May 1, 2019 letter. I advised you that City Manager found your client's demands unacceptable. However, I also advised you that the City Manager and Mr. Dickey were still very receptive to completing the draft development agreement and that I encouraged you to request that your client agree to meet so we could address any questions or comments regarding the City's proposed changes that were provided on February 21n and finalize the agreement. It is very unfortunate that after only a single exchange of comments to the initial draft development agreement, your client appears unwilling to negotiate and meet to complete the draft development agreement so it can be presented to the City Council. As it stands now, your client is essentially asking the City to accept his initial draft of the development agreement, which is unacceptable to the City Manager and staff for a variety of reasons including the fact that some of your proposed terms (e.g., 65 foot height of buildings, signage variations) are ultra vires because they are inconsistent with the special zoning permit requirements set forth in the current City Code, and therefore, they are beyond the City's current authority to approve or waive solely by development agreement. Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Ms. Kimberly Rezanka May 15, 2019 Page -2 — Under the circumstances, your draft agreement is not in an acceptable form to formally present to the City Council for consideration and approval. Again, I would encourage your client to reconsider his position and reengage in the negotiations with City staff to complete an acceptable draft agreement that can be appropriately presented to the City Council. In addition, it may be helpful to recall how we got to this point in the negotiations. Your client owns property along Highway A1A that is located within the A1A Economic Opportunity Overlay Zoning District regulations ("EOOD"). Your client has proposed a conceptual mixed use, multi -phased project generally consisting of consumer retail and service uses, restaurants, and a novel Vacation Apartment Rental use which is currently not defined in the City Code or expressly allowed in the C-1 zoning district or EOOD. On August 8, 2018, we met at City Hall with David Dickey and your client to discuss the proposed project and possible alternative zoning options which would allow the proposed mixed -use project to proceed. During the meeting, we basically discussed two potential options for your client under the EOOD: (1) your client could pursue a Planned Development (PD) rezoning under Chapter 110, Article XI of the City Code to authorize the mixed -use development, or (2) your client could possibly designate the project a Port of Call Facility by development agreement. At the end of the meeting, it was our understanding that your client preferred to pursue a Port of Call Facility development agreement if possible. Thus, Mr. Dickey and I agreed to review the City Code in more detail and determine whether a Port of Call Facility was even a viable zoning option under the EOOD. Otherwise, the mixed -use project would have to go through the PD rezoning process. Generally, the EOOD regulations define a "Port of Call Facility" as a tourist -related use with a range of uses which may include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision for hotel, and other tourist support services. Port of Call Facilities are only permitted in the EOOD by development agreement approved by the City Council. In other words, a Port of Call Facility is a negotiated land use which will vary on a case - by -case basis and can only be established by development agreement. On August 10, 2018, you and your client were advised by email that upon our review of the City Code, "it appears based on your client's proposal and representations submitted to the City, that the overall tourist -related nature of the proposed Wave Village project would be eligible to be categorized as a "Port of Call Facility" under the EOOD Overlay District." However, you were also advised that the EOOD regulations require that the final Port of Call Facility designation of the Wave Village project be subject to a binding development agreement approved by the City Council. Further, you were advised the agreement must be in compliance with other applicable provisions of the City Code. Your client then authorized you to prepare the initial draft of the development agreement. On November 14, 2018, your office transmitted to us the initial draft of a proposed development agreement for a Port of Call Facility. That draft was reviewed by the City and a blacklined revised development agreement was sent to you and your client on February 21, 2019. Until the City Manager received your letter dated May 1, 2019, the City had not received any formal written comments to its February 21g draft. However, as noted above, the May 1, 2019 draft is not acceptable. Lastly, I would like to specifically address a few of your comments contained in the May 1, 2019 letter. For convenience, I am enumerating them separately by paragraph as follows: Ms. Kimberly Rezanka May 15, 2019 Page -3 — 1. You state that "without any discussion with [your] client, the City struck the most important elements" of the DA including "signage, the shared parking, shared retention, the height and the phasing time frames." First, as I noted above, the City has been prepared to meet to discuss all of the City's proposed changes and hopefully "negotiate" mutually acceptable terms. Your client refuses to meet with the City to discuss. Second, the City did not "strike" all of the elements your client believes are the most important. As previously mentioned to you when the City's revisions were transmitted, your draft redundantly stated these elements so we removed the redundancy and restructured the agreement slightly. The elements were restated once in Section 5(H) and revised. Shared parking and shared retention remained substantively the same as you proposed. However, the signage and height provisions were revised to adequately address the fact that your proposed draft was ultra vires on these issues and cannot be waived by development agreement. For example, the height increase to 65 feet requires a special zoning permit from the CAB as part of aesthetic review. Additional monument signs on A1A above the maximum number permitted are not allowed by Code. A variance permit will be required for certain other permissible variations from the City's sign code. 2. You state that we added a requirement of a "professional property management company." In fact, we simply added the word "professional" for clarity. If you recall when we were discussing defining the term Vacation Rental Apartments for the development agreement, you sent me an email on lanuary4, 2019 which included in the definition a reference that "[t]he VARs will be managed by a property management company." I incorporated much of your proposed definition into the City's February 21g draft development agreement. 3. You state that the project received DRC approval on April 11, 2018. That is incorrect. The DRC consists of City staff responsible for providing advisory comments and recommendations regarding proposed projects. Neither the DRC nor any member of City staff has the authority to approve a mixed -use project in the EOOD. As noted above, the two alternative options (PD zoning or Port of Call Facility DA) both require City Council approval. 4. You state that City staff has had a "change of heart" as to allowable waivers in a DA. That is incorrect. There has always been a requirement to follow the City Code and other applicable provisions of law. In Cape Canaveral that means that some of your client's requests, in this specific instance, will require a separate special zoning permit application and approval by a City board at a public hearing. Despite your assertion to the contrary, there is no Cape Canaveral City Code provision or other applicable provision of law that exempts your client from the applicable special zoning permit requirements mentioned above. 5. You assert that your proposed development agreement is consistent with "waivers and approvals granted in other development Agreements approved by the City Council," and "your client feels like he is being "treated differently than others in the City." Yet, you have not provided any examples of similar City development agreements where the City waived the 65-foot height requirement, the maximum number of monument signs, and sign dimensional and size variations by only a development agreement. Additionally, it is worth noting that your client's proposed project (especially the Vacation Rental Apartment concept) is the first of its kind being considered by the City and it has no precedents. As such, we have been attempting to work through new issues with your client for the very first time, and there are no comparable situations similar to your client's proposed mixed -use project. Ms. Kimberly Rezanka May 15, 2019 Page -4 — Please discuss this matter with your client and advise whether you want to resume negotiations to complete the development agreement so it can be presented to the City Council for consideration in the future. Alternatively, if your client wants to change course and now pursue a PD rezoning under Chapter 110, Article XI, please advise so City staff can work with your client to submit the proper application. Anthony A. Garganese City Attorney Cc: City Manager (via email) David Dickey (via email) Attachment 2 Return to: Kimberly B. Rezanka, Esq. Cantwell & Goldman, P.A. 96 Willard Street, Ste. 302 Cocoa, FL 32922 PORT OF CALL DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made this day of 2018, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property located a 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, the 5.0 acre Property is currently developed with a retail and restaurant center of approximately 16,800 square feet in area ("Phase I"), a putt -putt golf and arcade center, related infrastructure and amenities, including ample parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the Property in several phases into what will eventually be a "Port of Call" complex featuring commercial, retail, vacation apartment rentals and other uses allowed by City Code; and WHEREAS, Owner intends the Port of Call facility to serve as a regional tourist, and hospitality hub to the visitors and citizens of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District; and WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City's goals of encouraging and creating tourism, and creating attractive, functional and lasting buildings and places; and Development Agreement Wave Developments, LLC WHEREAS, the proposed redevelopment of the Property will add substantial value to the City's ad valorem tax base and enhance, define and protect the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, Visioning Statement and Sec. 102-48, City Code, and appropriate for waivers and incentives as provided by in that Section; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. Section 2. Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. Section 3. The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference. Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto; upon recording with the Clerk of the Court for Brevard County, Florida ("Effective Date"). Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the teiiiis and conditions of this Agreement and all applicable laws. Phase 1 of the development has been completed, and the Property shall be further developed in three (3) Phases as follows: A. Phase 1— Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B". B. Phase 2 — Additional Retail, Restaurant Uses, Vacation Apartment Rental Uses and another permissible uses under the City Code. Phase 2 shall include the development of the Property as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other equipment rental, other similar retail uses and Vacation Apartment Rentals for short-term and long-term rentals. 2 Development Agreement Wave Developments, LLC i. Plans. No later than two (2) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 2 development of the Property ("Phase 2 Plans"). The Phase 2 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of Phase 2, Vacation Apartment Rental building, shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow one (1) additional multi-user sign, similar in size and area to the existing multi-user sign to be installed along Astronaut Boulevard and one (1) multi-user sign on Central Boulevard for advertisement of the four (4) separate buildings with various uses, in Phase 1, 2, 3 and 4, as generally depicted on rendering attached hereto as Exhibit "I)". (e) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 2 exceed 300 square feet. ii. Plans Review. The Phase 2 Plans shall be subject to the applicable site plan and community appearance application and review procedures of Articles VI and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral City Code, as may be amended. iii. Time Frames. Owner shall have 12 months from the date of its initial submittal of the Phase 2 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City's issuance of a certificate of occupancy for the commercial structure and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant extensions of time for Owner to attain plans or complete the development as required by this subsection. Any such written request shall be submitted 3 Development Agreement Wave Developments, LLC prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. Following the expiration of any extensions of time that may be granted by the City Manager, if Owner fails to complete the Phase 2 development, this Agreement shall terminate pursuant to Section 10 herein. In the event of termination for failure to meet the requirements of this subsection, Owner shall immediately cease its operation of the commercial parking and transportation transfer facility authorized as part of the Phase 1 development of the Property. C. Phase 3 — Additional Retail, Restaurant Uses Vacation Apartment Rental Uses and another permissible uses under the City Code: Phase 3 shall include development of a new structure or with uses similar to Phase 2 Property, and may be permitted and constructed along with Phase 4. i. Plans. No later than five (5) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 3 development of the Property ("Phase 3 Plans"). The Phase 3 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "E". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of Phase 3, Vacation Apartment Rental building shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 3 exceed 300 square feet. ii. Plans Review. The Phase 3 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral Code, as may be amended. 4 Development Agreement Wave Developments, LLC iii. Time Frames. Owner shall have twelve months from the date of its initial submittal of the Phase 3 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the hotel, conference center and any other associated structure, and upon all necessary site work being completed consistent with the approved Phase 3 Plans. At the request of Owner, the City Manager may grant extensions of time for Owner to attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. D. Phase 4 — Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new structure or with Hotel -Apartment Uses and Parking Garage, and may be permitted and constructed along with Phase 3. i. Plans. No later than seven (7) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 4 development of the Property ("Phase 4 Plans"). The Phase 4 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "G". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of the Phase 4 shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 4 exceed 160 square feet. ii. Plans Review. The Phase 4 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral Code, as may be amended. 5 Development Agreement Wave Developments, LLC iii. Time Frames. Owner shall have twelve months from the date of its initial submittal of the Phase 4 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City's issuance of a certificate of occupancy for the hotel, conference center and any other associated structure, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant extensions of time for Owner to attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. E. Applications for the development approvals required by this Section shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within ten (10) business days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staffs written notification to Owner. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and shall at all times maintain a valid and active permit pursuant to applicable law. F. Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City. G. City agrees that the Vacation Apartment Rentals are a permitted use under the applicable zoning classification of the Property and that that these units may be rented for one night, short term or long term. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official, Planning and Zoning Director, and Community and Economic Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perfoiiii the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner 6 Development Agreement Wave Developments,LLC represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: David L. Greene, City Manager City of Cape Canaveral 201 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1320 If to Owner: Wave Developments, LLC Attn: Oshri Gal 280 West Central Boulevard Cape Canaveral, Florida 32920 Copy to: Kimberly B. Rezanka, Esq. 96 Willard Street, Ste. 302 Cocoa, FL 32922 Section 10. Termination. This Agreement shall terminate under the following conditions: A. The City shall have the unconditional right, but not obligation, to terminate this Agreement if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. B. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. C. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. 7 Development Agreement Wave Developments, LLC Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phase 2, Phase 3 and Phase 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15. Recordation. No later than 14 days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the city's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). Section 18. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 8 Development Agreement Wave Developments, LLC Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said peimitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 26. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period 9 Development Agreement Wave Developments, LLC proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Angela Apperson, City Clerk CITY: City of Cape Canaveral, A Florida municipal corporation. By: David L. Greene, City Manager APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida, only (CITY SEAL) Date: STATE OF FLORIDA COUNTY OF BREVARD By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida The foregoing instrument was acknowledged before me this day of , 2018, by David L. Greene and Angela Apperson, well known to me to be the City Manager and Assistant City Manager/City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Notary Public Print Name 10 Development Agreement Wave Developments, LLC Signed, sealed and delivered in the presence of the following witnesses: Notary Public, State of Florida Commission No.: My Commission Expires: OWNER: Wave Developments, LLC, a Florida limited liability company, By: Signature of Witness Oshri Gal, Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2018, by Oshri Gal, as Manager of Wave Developments, LLC acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: 11 Legal Description A parcel of land situate in Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the West right-of-way line of State Road A1A, a 100.00 foot right-of-way; thence S 37° 22' 24" E., along said West right-of-way line, for a distance of 1255.12 feet to the Point of Beginning; thence continue S 37° 22' 24" E. for a distance of 452.06 feet to a point of curvature of a curve, concave Westerly, having a radius of 25.00 feet; thence Southeasterly and Southwesterly, along the arc of said curve and the Northerly right-of- way line of Central Boulevard, undedicated, having a width of 100. 00 feet, thru a central angle of 100° 00' 12", for a distance of 43.63 feet; thence continue along said Central Boulevard right-of-way, S. 62° 37' 48" W. for a distance of 336.52 feet to a point of curvature of a curve, concave Northerly, having a radius of 561.05 feet; thence South-westerly, along the arc of said curve, thru a central angle of 14° 57' 08", for a distance of 146.42 feet; thence N. 37° 22' 24" W. for a distance of 374.37 feet; thence N. 52° 37' 36" E. for a distance of 500.00 feet to the Point of Beginning. EXHIBIT "A" PAVING, GRADING, AND DRAINAGE AS -BUILT FOR BEACH WAVE A OP m TOT- 4f if n-2-513 °sa iv CENTRAL BpULEVARQ ,w n-°STe ,TEPOD FPO 7.55 TOP POOLE E. PVC .710 OAFS LEGEND: - EXISTING SPOT ELEVATION DDELTA • RADIUS - AS -BUILT SPOT ELEVATION A ARC CHORD e - BENCHMARK RkM RECORDED h MEASURED NEW STORM PIPE EL a ELEVATION NAVO - NORM AMERICAN VERTICAL DATUM 0 CLEANOIIT IBPMASONRY UNR TTOP OF EAK 0 - CHUM .SIN AM AMERICANS CHLORIDE DI.BIILOIES ACT ® - STORM INLET PVC RCP - REINFORCED CONCRETE PIPE 0 STORM MANHOLE • NUMBER SD STORM LIMN POND BOTTOM N NORTH • SOIDH I ASPHALT PAVEMENT W E I . .:: POND SLOPES - CONCRETE y NOTES: ^7 • I. ALL ELEVATIONS SHOWN HEREON ARE BASED ON THE PROJECT BENCHMARK (NAV0 88). . Z. THE BOUNDARY LINES, S SHOWN HEREON WERE PRONGED IN THE F1ORILI OF A .0 Fla FROM THE ENGINEER OF s. • RECORD. SAD INFORMATION WAS FIELD VERIFIED AND MATCHED WITHIN n d y ACCEPTABLE TOLERANCES. ;C tO D. SOME FEATURES SHOWN HEREON ARE EXAGGERATED FOR PICTORML Ep PURPOSES. 02 C 01 GRAPHIC SCALE T SO ft EXHIBIT "B" <tH.4.45E MRP A. ./ cPmAot F 2012-BOA .LkaxIng_t.-1269 D- PD—AB Sheet l of l J This survey is for On sale awl adu0Ae MA IaWl '"not b:orI2a'upenna edbenefit note, teMsio'.ed hegemony a Rro and tl aXvkwl or nOty ...es:, and is circumstances. Ined U, Verar wM,tern I.e eofdAMe Ih rtwd Ix .o,. e irw q G mt 01882 .IelwM8 iM M el. MH l4rv eYisv F I e r dueebn of n.. arnl ., i wrRlsn pemllwbn of the euneyor Y IaeBr forowa«L CERTIFIED TO: DOUG WILSON J ENTERPRISES INC. J GRAPHIC SCALE FEn B EXISTING REQUIRED PARKING • RETAIL -10 OM SF TOTAL 16 SM SF Re: ARINu Se SPACES PROPOSED REQUIRED PARKING • RESIDENTIAL .e„MTS.<FLOORS =32UNITS UNITS FOR EMPLOYEES 1 SPACE PER 300 SF IS SPACES REOUIREO 1 SPACE PERIOD SF 27 SPACES REQUIRED SPACE PER 100 S4 TOTAL to tm SF AND 33 UNITS REQUIRING 100 SPACES REQUIRED PARKING TOTAL Aec8ASRNGI•18(PROFOSED)=teeSPACES ENCINEERIND A PLANNING (DATED 7-1n+m =w SPACPROMS] e. TOTAL SPACES REQUIRED:1ee SPACES PROVIDED PARKING TOTAL • 95,EA81NGI.93(PROPOSED)• ,m SPACES TOTAL SPACES PROVIDED: 188 SPACES (PARIGNG TOTAL DOES NOT INCLUDE PROPOSEOFURIRE PAR.. ALONG CENTRAL BOULEVARD BTTRE GEN OF CAPE CANAVERAL.( EXHIBIT "C" OWNER 'DEVELOPER OSHRI GAL WAVE DEVELOPMENTS LLC FL 31em PRELIMINARY PHASE 2 CONCEPT PLAN Sulk Sheet It Cw1 Proposed Multi User Signs EXHIBIT "D" ..t Multi User Sign A Multi User Sign B PRE MARVille e GRAPHIC SCALE Rt rsn bleb - It EXISTING REQUIRED PARKING I SPACE PER 300 SF 3,1 SPACES REQUIRED aS SPACES REQUIRED TOTAL e OM SF REQUIRING m SPACES I SPACE PER UNIT PLUS I SPACE PER 12 UNITS FOR EMPLOYEES I SPACE PER 1313 IS SPACES REOUIRED 1 SPACE PER ISO SF PROPOSED REQUIRED PARKING ,ACE PER UNIT PLUS 1 SPACE PER 2 MATS FOR EMPLOYE. TOTAL 8 E61/ SF AND 32 UNITS REQUIRING SS SPACES REQUIRED PARKING TOTAL AaSOS7I?G .ssm 9Ep =mSPADES ENGINEER aNANNING(DATm io8).. SPPACMOM., RES oBY TOTAL SPACES REQUIRED: 198 SPACES PROVIDED PARKING TOTAL • 143(E.STING).11e(PROPOSED,= 2S3svuEs TOTAL SPACES PROVIDED: 253 SPACES (PPARANG TOTAL DO. NOT INCLUDE PROPOSEVFUTURE PARIONG ALONG CENTRAL BOULEVARD BY THE CITY OF CAPE CANAVERAL.1 PRELIMINARY EXHIBIT "E" OWNER 'DEVELOPER *11)83-18 2 evay wnmERAL Fl.3nm WAVE VILLAGE CAPE CANAVERAL, FL PHASE 3 CONCEPT PLAN s_n S. CONCEPT ALT3 Sheen gt C-2 Via email: mosh[a wavevillage.com Ref: 4596.01 TECHNICAL MEMORANDUM To: Mosh Gal From: Matthew West, AICP Subject: Wave Village Parking Analysis, City of Cape Canaveral, FL Date: May 11th, 2018 INTRODUCTION LTG, Inc. (LTG) has been retained by Wave Developments, LLC. (the CLIENT), to perform a shared parking analysis associated with a multi -tenant residential, retail, and restaurant development known as Wave Village (the PROJECT) located at the intersection of SR A1A (Astronaut Boulevard) and W. Central Boulevard in the City of Cape Canaveral. The existing/proposed development is composed of four phases described in Table 1. The site when built -out will provide 264 paved parking spaces. The methodology and procedures used in this analysis are consistent with the guidelines of the City of Cape Canaveral. ANALYSIS The existing and proposed uses for each of the four phases are shown in Table 1. LTG consulted the Cape Canaveral Land Development Regulations for off-street parking requirements and the Urban Land Institute's (ULI) Shared Parking, Second Edition, software to determine shared parking requirements. For the purposes of providing a conservative analysis, the storage and gym space shown on the Client's conceptual plan are calculated as additional retail space. Additionally, there is a proposed pool bar which is treated as an accessory use to tenants of the residential development. Therefore, the pool bar does not generate additional parking demand. This analysis assumes that the residential development is a short-term vacation rental product, and as such, the City will permit required parking to be calculated as if the units were hotel rooms. This is exhibited in Tables 2 and 3. ineering & Planning EXHIBIT "F" Mosh Gal May 11'h, 2018 Page 2 Table 1 Existing and Proposed Uses Wave Village Phase Use Size Unit Existing Retail 10,000 Square Feet 1 Restaurant 4,600* Square Feet Storage 2,200 Square Feet Proposed Residential 32 Units (rooms) Retail 5,400 Square Feet 2 Restaurant 2,700 Square Feet Restaurant 2,000 Square Feet Residential 32 Units 3 Retail 8,950 Square Feet 4 Residential 40 Units *1,800 SF of existing Arcade being converted to proposed Restaurant Table 2 shows the total unadjusted parking requirements for Table 1 uses based on the City of Cape Canaveral Code. Table 2 City of Cape Canaveral Unadjusted Parking Requirements Wave Village Use Size Units Ratio Parking Required Commercial/Retail/Non-restaurant 24,350 Square 1 space per 300 SF 81 spaces Feet Storage 2,200 Square 1 space per 300 SF 7 spaces Feet Restaurant 9,300 Square 1 space per 100 SF 93 spaces Feet Residential 104 Units 1.083 spaces per unit 113 spaces Total: 294 spaces Engineering & Plannin Mosh Gal May 11 th, 2018 Page 3 Based on the findings shown in Table 2, the City of Cape Canaveral's Code requires a minimum of 294 off- street parking spaces when considering the proposed uses individually without adjustment. Since there is not a storage use in the City of Cape Canaveral's Zoning code, the proposed storage space in Phase 1 was calculated as retail space in Table 2. Using the parking requirements from Table 2, LTG utilized the ULI Shared Parking Model to estimate the minimum number of parking spaces required to support the development program in the peak demand month, which the model calculates as Late December. The Client has confirmed that the residential units are to be calculated as hotel rooms. In the model, Community Shopping Center was used for retail, gym, and storage, Family Restaurant was used for restaurant, and Hotel -Leisure was used for residential. The results of the model are shown in Table 3. Engineering & Plarirrint Mosh Gal May 11'h, 2018 Page 4 Table 3 Shared Parking Demand Summary Peak Month:Late December--Peak Period:12 PM,Weekend SHARED PARKING DEMAND SUMMARY PEAK MONTH: LATE DECEMBER - PEAK PERIOD: 12 PM,WEEKEND Peak Hr Peak Mo Estimated Peak Hr Project Data Base Adj Adj Parking Adj Land Use Quantity Unit Rate Unit 12 PM Late December Demand 12 PM Community Shopping Center(<400 ksf) 26,550 sf GLA 2.68 /ksf GLA 0.90 0.80 51 0.80 Employee 0.65 /ksf GLA 1.00 0.90 15 1.00 Family Restaurant 9,300 sf GLA 8.57 /ksf GLA 1.00 0.95 76 1.00 Employee 1.43 /ksf GLA 1.00 1.00 13 1.00 Hotel-Leisure 104 rooms 0.90 /rooms 0.65 1.00 61 0.65 Restaurant/Lounge sf GLA 10.00 /ksf GLA 1.00 0.95 0 1.00 Conference Ctr/Banquet(20 to 50 sq ft/gue sf GLA 30.00 /ksf GLA 0.65 1.00 0 0.65 Convention Space(>50 sq ft/guest room) sf GLA 20.00 /ksf GLA 1.00 0.00 0 1.00 Employee 0.00 /rooms 1.00 1.00 0 1.00 Customer 188 Employee 28 Reserved 0 Total 216 Shared Parking Reduction:25% *Total Base Rate per Cape Canaveral Land Development Regulations and Customer vs.Employee demand per Urban Land Institute Shared Parking Manual,Second Edition **/ksf GLA=Per 1,000 square feet of gross leasable area r Engineering & Planning Mosh Gal May 11th, 2018 Page 5 Table 3 shows the associated shared parking demand, which the model has as 25% weekend parking reduction attributed to shared parking. This shared parking is from the various uses which require unique parking demands by hour of the day. The time and month of late December has the highest peak parking demand and was shown here for a conservative parking estimate. The ULI model estimates a peak parking demand of 216 at 12:00 p.m. on a weekend in late December. CONCLUSION As noted above and based on the ULI shared parking formulas used in the model calculations, the shared parking provisions result in a 25% reduction of weekend parking demand. The weekend parking demand calculated is 216. Given that 264 parking spaces will be provided by the Client's development, the supply will meet the demand. A future option considered by the Client is an offsite cruise line parking lot, which may provide additional parking for Wave Village provided a valet service. I affirm, by affixing my signature below, that the findings contained herein are, to my knowledge, accurate and truthful and were developed using current procedures standard to the practice of professional planning. Name: Matthew West, AICP Signature: Date: May 11th, 2018 f GRAPHIC SCALE EXISTING REQUIRED PARKING .PERSF 3O SF 34 SPACES REWIRED As • SPACES zam SFa SPACES REQUIRED TOTAL Ts am SF REQUIRING SS SPACES RESIDENTIAL -a OATS. a FLOORS -3x MRS 1 SPACE PER UNR PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 1 SPACE PER 300 SF la SPACES REGUIRED 27 SPACES REWIRED TOTAL 10 1D3 SF AND 32 UNITS REQUIRING 100 SPACES 1 SPA. PER UNIT PLUS 1 SPACE 3x • 3= 35 SPACES REQUIRED vERUUlarsrDR EMPLOYEES • 1 SPACE PER SM SF 30SPACES RECUREQ PROPOSED REQUIRED PARKING 1 SPACE PER UN, PLUS1 SPACE vER,x UNRS FOR EMPLOYEES REQUIRED PARKING TOTAL • 253 (1.3STING) • a, (PROPOSED) =x9R SPACES • SHARED PARKING ING PU°IN(ATEPARKING 54SPA >„ ®BY ENGINEERING PLANNING DTEDD6, ES TOTAL SPACES REQUIRED: 238 SPACES PROVIDED PARKING TOTAL • xa,(EXISTING)• 1)(PROPOSED)=2w SPACES TOTAL SPACES PROVIDED: 284 SPACES PARKING TOTAL ODES NOT INCLUDE PRDPOSEDPUTURE PAR.). ALONG CENTRAL BOULEVARD ay THE CITY OF CAFE CANAVERAL) PRELIMINARY EXHIBIT "G" OSHRIGAL WAVE 7,8.NTS L FL 3 m x,; 12.. AAAAAA 1...15 ..wa WAVE VILLAGE CAPE CANAVERAL, FL PHASE 4 CONCEPT PLAN a- 2018423 CONCEPT ACT] Scale Ven NIA C-3 Attachment 3 Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 Kimberly B. Rczanka, Esq. Cantwell & Goldman, P.A. 96 Willard Street, Stc. 302 Cocoa, FL 32922 PORT OF CALL DEVELOPMENT AGREEMENT DRAFT 2/21/2019 THIS DEVELOPMENT AGREEMENT ("Agreement") is made this day of 2019g, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property consisting of approximately 5.0 acres, more or less, located a 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, a portion of the 5.0 acre Property is currently developed with a retail and restaurant center of approximately 16,800 square feet in area ("Phase I1"), a putt -putt golf and arcade center, related infrastructure and amenities, including ample parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the remaining portion of the Property, together with Phase 1, in several additional phases into what will eventually be a "Port of Call" complex featuring commercial, retail, vacation apartment rentals and other uses allowed by City Code ("Project"); and WHEREAS, Owner intends the Port of Ca11 facility to serve as a regional tourist, and hospitality hub to the visitors and citizens of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District; and 1 Development Agreement Wave Developments, LLC WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City's goals of encouraging, supporting and creating tourism, and creating attractive, functional and lasting buildings and places; and WHEREAS, the parties anticipate that the proposed redevelopment of the Property when completed will add substantial value to the City's ad valorem tax base and enhance, define and promotctcct the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, and Visioning Statement and Sec. 102 18, City Code, and appropriate for waivers and incentives as provided by in that Section; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. Section 2. Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. Section 3. The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference. Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto and; upon recording by the City with the Clerk of the Court for Brevard County, Florida ("Effective Date"). Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the terms and conditions of this Agreement and all applicable laws. The Property shall be developed as one unified and harmonious project in four (4) total phases that are compatible in design, appearance and use with each other. Except for phase 1 which has already been completed by Owner, each of the additional three phases will be permitted and constructed substantially similar to the conceptual plan referenced and attached herein for the respective phase. Each conceptual plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The conceptual plans shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of each phase of the Property. Owner shall have the obligation to further submit and obtain the City's approval of a final site plan, building plans and architectural plans consistent with the conceptual plans in all material respects and in compliance with the City Code. The buildings illustrated on the conceptual plans are intended to be for illustrative purposes only and may be modified during the 2 Development Agreement Wave Developments, LLC City's permitting process so long as the buildings comply with the development standards set forth in this Agreement and the City Code. Owner acknowledges and agrees that the conceptual plans were not created with specific surveyed dimensions and that during the final permitting process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable provisions of the City Code. The conceptual plans shall be subject to reasonable adjustments at the final permitting phase in order to bring the proposed phased development project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the buildings, signage, landscaping, entrances, utilities, parking and other site improvements may vary slightly between conceptual plan approval and approval of the final site plan and other development permits. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the conceptual plans. The phased development of the Property shall occur Phase 1 of the dcvclopmcnt has been completed, and the Property shall bo further developed in three (3) Phases as follows: A. Phase 1 Existing Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B"- and shall be maintained, together and along with Phases 2, 3, and 4 as a Port of Call facility in accordance with the terms and conditions of this Agreement. B. Phase 2 Additional Retail, Restaurant Uses, Vacation Apartment Rental Uses and another permissible uses under the City Code. Phase 2 shall include the development of the Property as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other small recreational equipment rental, and other similar and complementary retail and service uses. In addition, Phase 2 shall include and Vacation Apaituient Rentals as described in subsection 5(G) of this Agreement. for short term and long term rentals. i. Plans. No later than one we (21) year following the Effective Date, Owner shall file with the City submit all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 2 of the Project, accompanied by the requisite fees, to the City' s Community and Economic Development Department for the Phase 2 dcvclopmcnt of the Property ("Phase 2 Plans"). The Phase 2 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Review) the requirements of as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 1, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of Phase 2, Vacation Apartment Rental building, shall be permitted to be 65 feet. 3 Development Agreement Wave Developments, LLC (c) The structures in Phase 1, 2, 3 and 1 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow one (1) additional multi user sign, similar in size (c) and arca to the existing multi user sign to be installed along Astronaut Boulevard and one (1) multi user sign on Central Boulevard for advertisement of the four (1) separate buildings with various uses, in Phase 1, 2, 3 and 1, as generally depicted on rendering attached hereto as Exhibit "D". The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 1, as it has allowed for Phase 1. The arca of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign arca for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 2 exceed 300 square feet. ii. Plans Review. The Phase 2 Plans shall be subject to the applicable site plan and community appearance application and review procedures of Articles VI and X of as may be amended. ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the of its initial submittal of the Phase 2 Plans to attain the final approval of same, and shall have 21 months from said final approval to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City' s issuance of a certificate of occupancy for the building and any associated commercial structures and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant one six (6) month extensions. of time for Owner to attain plans or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. Following the expiration of any extensions. of time that may be granted by the City Manager, if Owner fails to complete the Phase 2 development, the City may declare Owner in default of this Agreement. this Agreement shall terminate pursuant to Section 10 herein. In the event of termination for failure to meet the requirements of this subsection, Owner shall immediately cease its operation of the commercial parking and transportation transfer facility authorized as part of the Phase 1 development of the Property. C. Phase 3 Additional Retail, Restaurant Uses Vacation Apartment Rental Uses and Ewtother permissible uses under the City Code: Phase 3 shall include development of a new building structure or with uses similar to Phase 2 Property, and may be permitted and constructed concurrently Meng with Phase 4. 4 Development Agreement Wave Developments, LLC i. Plans. No later than twenty-four (24) months five (5) years following the City' s issuance of a certificate of occupancy for the Phase 2 building Effective Date, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 3 of the Project ("Phase 3 Plans"). The Phase 3 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Review), as may be amended. submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 3 development of the Property ("Phase 3 Plans"). The Phase 3 Plans shall be prepared in compliance with there emer of s-e errs-4 1-2''an 11 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "E". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 1, pursuant, to the Wave Village Parking Analysis, attached as Exhibit (b) The height of Phase 3, Vacation Apartment Rental building shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 1 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 1, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 3 exceed 300 square feet. ii. Plans Review. The Phase 3 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral Code, as may be amcndcd. ii. Time Frames. Owner shall have twelve months from the date of its initial Submittal of the Phase 3 Plans to attain the final approval of same, and shall have 24 months from the date that the City approves the Phase 3 Plans Gaid final approval to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 3 Plansthc hotel, conference center and any other associated structure, and upon all necessary site work being completed consistent with the approved Phase 3 Plans. At the request of Owner, the City Manager may grant one six (6) month extensions of time for Owner to 5 Development Agreement Wave Developments, LLC attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. D. Phase 4 Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new building structure or with Hotel Apartment Uses and 1 parking Ggarage, and may be permitted and constructed concurrently along -with Phase 3. i. Plans. No later than seven (7) years following the Effective Date, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 4 of the Project ("Phase 4 Plans"). The Phase 4 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Review), as may be amended. Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase-4 " Plans shall be prepared in compliance with the requirements of sections 110 222 and 22 11 f the Capc Canaveral City C dc, as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "G". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 1, pursuant, to the Wave Village Parking Analysis, attached as Exhibit (b) The height of the Phase 1 shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 1 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 1, as it has allowed for Phase 1. The arca of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign arca for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall cignagc ii. Plans Review. The Phase 1 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Capc Canaveral Code, as may be amended. ii. Time Frames. Owner shall have twelve months from the date of its initial submittal of the Phas 1 of same, and shall have 24 months 6 Development Agreement Wave Developments, LLC from the date that the City approves the Phase 4 Plans said final approval to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City' s issuance of a certificate of occupancy for the hotel, conference center and any other associated structure the building, parking garage and associated structures and, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant one six (6) extensions of time for Owner to attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. E. Applications for the development approvals required by this Ssection shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within thirty (430) business days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staff' s written notification to Owner. Owner shall correct any application deficiencies within thirty (30) days of receipt of written notification. The aforementioned time periods may be extended by mutual agreement. In addition, notwithstanding the aforesaid time periods, City staff or boards may request, at any time during the application process, additional or supplemental information reasonably deemed necessary to correct mistakes or complete the processing of applications in accordance with applicable requirements of law. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and any development conditions required by applicable development order or permit. and shall aAt all times, Owner shall also maintain a valid and active permit pursuant to applicable law. F. Upon written request by the City, Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City. G. City agrees that the Vacation Apartment Rentals as part of a Port of Call facility is arc a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apartment Rental" shall mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units of various size under common ownership. The size of units shall comply with the minimum size requirements in the City Code and be a mix of studio and one, two or three bedroom dwelling units. The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide a kitchen and laundry facility in each unit. The Vacation Apartment Rentals shall be managed by a professional property management company. that that these units may be rented for one night, short term or long term. 7 Development Agreement Wave Developments, LLC H. The following additional conditions and requirements shall apply to Phases 2, 3 and 4 of the Project: (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The Owner desires that the height of Phase 2, Vacation Apartment Rental building, sll be 65 feet. However, Owner acknowledges that such height will be subject to review and discretionary approval by the City's Community Appearance Board in accordance with Section 110-624 of the City Code. (c) Subject to permit approval by applicable governmental agencies, 4the structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared stormwater retention facilities and appurtenant structures. (d) In conjunction with the Phase 2 Plan approval process set forth in Section 5(B) of this Agreement, Owner shall submit a proposed master signage plan for all phases of the Project including all proposed monument signs and requests for multi -tenant wall signs. The plan shall include detailed architectural renderings and specifications for proposed new signage on the Property including dimension, area in square footage, number, lighting and location. The Plan shall also reference and incorporate information regarding the existing signage already approved by the City. If the master signage plan proposes variations from existing City Code requirements, Owner shall expressly enumerate such variations in the proposed master sign plan so the City can determine whether such variations may be permitted under the City as proposed or modified. The master signage plan (including any permitted variations) shall be subject to discretionary approval by the City during the Phase 2 Plan approval process in accordance with applicable provisions of the City Code. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official, Planning and Zoning Director, and Community and Economic Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the 8 Development Agreement Wave Developments, LLC terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: David L. Greene, City Manager City of Cape Canaveral 201 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1320 Copy to: Anthony A. Garganese, City Attorney If to Owner: Copy to: Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 Wave Developments, LLC Attn: Oshri Gal 280 West Central Boulevard Cape Canaveral, Florida 32920 Kimberly B. Rezanka, Esq. 96 Willard Street, Ste. 302 Cocoa, FL 32922 Section 10. Termination. This Agreement shall terminate under the following conditions: A. The City shall have the unconditional right, but not obligation, to terminate this Agreement if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material 9 Development Agreement Wave Developments, LLC term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. B. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. C. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phase 2, -Phase 3 and Phase 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15. Recordation. No later than fourteen (141 days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Owner acknowledges that the City will avail itself of sovereign immunity and other limitations of liability afforded municipalities whenever applicable by law. Notwithstanding any other provision set forth in this Agreement, nothing contained in this 10 Development Agreement Wave Developments, LLC Agreement shall be construed as a waiver of the city's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This provision shall survive the termination of this Agreement. Section 18. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. to prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with 11 Development Agreement Wave Developments, LLC particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 26. Release and Hold Harmless. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner hereby agrees to release and hold harmless the City and its councilmembers, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Owner and Owner's contractor's and subcontractor's performance of design, permit and construction activities in furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This provision shall survive the termination of this Agreement. Section 276. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Mia Goforth, CMCAngela Apperson, City Clerk CITY: City of Cape Canaveral, A Florida municipal corporation. By: David L. Greene, City Manager APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, 12 Development Agreement Wave Developments, LLC (CITY SEAL) STATE OF FLORIDA COUNTY OF BREVARD Florida, only Date: By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida The foregoing instrument was acknowledged before me this day of , 2018.9, by David L. Greene and Mia GoforthAngela Apperson, well known to me to be the City Manager and Assistant City Manager/City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Signed, sealed and delivered in the presence of the following witnesses: Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: OWNER: Wave Developments, LLC, a Florida limited liability company, By: Signature of Witness Oshri Gal, Manager Printed Name of Witness Signature of Witness Printed Name of Witness Date: 13 Development Agreement Wave Developments, LLC STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 201g9, by Oshri Gal, as Manager of Wave Developments, LLC acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: 14 Attachment 4 As Presented 6/18/19 City of Cape Canaveral Community Appearance Review Information Sheet Description of Request: Redevelopment of existing commercial property for mixed use Level of Request: (refer to page 2) Address of Request: Name of Project (if applicable): LEVEL II (circle one) 8801 Astronaut Blvd., Cape Canaveral, FL 32920 Wave Village Legal description: Lot(s) , Block 817 , Subdivision Not Platted Section 15 , Township 24S , Range 37E Statement of Fact: X I am the property owner. I am the owner(s) designated agent. Owner(s) Name: Oshri Gal, Wave Developments, LLC formerly Xtreme Fun LLC Mailing Address: PhoneNumber(s): 280 W. Central Blvd., Cape Canaveral, FL 32920 321-783-1848 Email(s): mosh@wavevillage.com Designated Agent Information (if applicable): Name of Designated Agent: Mailing Address: Phone number(s): Email(s): Page 4 City of Cape Canaveral Community Appearance Review Submittal Checklist 1. ✓ Completed Information Sheet. 2. ✓ Payment of Application Fee. 3. ✓ Vicinity Map depicting zoning classifications of surrounding properties. 4. ✓ For new developments of unimproved property, a Conceptual Plan showing the location of improvements, proposed landscaping and all elements on the site. Ten copies (see page 4 for more details). 5. Elevations to scale- two elevations minimum (Ten copies). 6. ✓ Samples of materials, textures and colors of the buildings, walls, roofs, banding, railings, trim, garage doors, main entrance doors, shutters, awnings, fencing/walls, gates, screening for ale and dumpsters and signage. 7. ✓ Photographs of the site and setting, including surrounding properties (three minimum). 8. Information for Accent Lighting Only. Page 5 City of Cape Canaveral Community Appearance Review Application Fee Sheet Date: 07/11/2018 Project Name: Wave Village Project Address: 8801 Astronaut Blvd., Cape Canaveral, FL 32920 Name of Applicant: Oshri Gal, Wave Developments, LLC formerly Xtreme Fun LLC Level I: Commercial & Industrial Projects $75.00 4 or more Multifamily Residential Units $75.00 Mixed Use Projects $75.00 Level II: Exterior Building or Roof Color Changes on Commercial Buildings or Structures in C-1, C-2, & M-1 or Overlay District No Charge Accent Lighting: $35.00 75.00 Total Application Fee: _$ Page 6 ZONING INFORMATION SOURCE: CITY OF CAPE CANAVERAL ZONING MAP (JULY 2, 2008) ZONING LEGEND C1 = LOW DENSITY COMMERCIAL DISTRICT C2 = COMMERCIAL/MANUFACTURING DISTRICT R3 = MEDIUM DENSITY RESIDENTIAL DISTRICT M1 = LIGHT INDUSTRIAL AND RESEARCH DEVELOPMENT DISTRICT VICINITY MAP EXHIBIT WAVE VILLAGE BREVARD COUNTY, FL DATE: 07/10/2018 DRAWN BY: LLM 21SkaV Consulting Engineers, Inc. 504 N.Harbor Cty Blvd Melbourne, FL 32935 Phone (321) 751-6088 Fax (321) 751-6089 E.B. # 7903/L.B. # 7040 Wave Village Project East Side Cape Canaveral, FL 0112112018 Wave Village Project North Side Cape Canaveral, FL 0112112018 sssociaes Wave Village Project South Side Cape Canaveral, FL 01120/2018 sssoc eIs Wave Village Project West Side Cape Canaveral, FL 01120/2018 ORGAN ssociates EXISTING PH SE i 1.350 Sp. h.' RCfwIL BP•C[ T•etue[o ouiaooR 6[si:vo CAL zee R[erau5wuT. Fi. w 1 .350 9p. Fi. RETAIL BP•CC 1 .350 BO. Fi. Reii.lt BPACC 2 w WU am GRAPHIC SCALE 13 A • Im (1NFUT) 1 inch 30 ft EXISTING REQUIRED PARKING RETAIL-10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,600 SF 1SPACEPER100SF_, 16 SPACES REQUIRED • STORAGE - 2,200 SF 8 SPACES REQUIRED TOTAL:18,8D0 SF REQUIRING 88 SPACES PROPOSED REQUIRED PARKING • - RESIDENTIAL - 8 UNITS x 4 FLOORS = 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 32 + 3 = 35 SPACES REQUIRED • RETAIL - 5,400 SF 1 SPACE PER 300 SF 18 SPACES REQUIRED • RESTAURANT-2,700SF 1 SPACE PER 100 SF 27 SPACES REQUIRED • RESTAURANT-2,0005E 1 SPACE PER 100 SF 20 SPACES REQUIRED TOTAL: 10,1130 SF AND 32 UNRS REQUIRING 100 SPACES REQUIRED PARKING TOTAL • 88 (EXISTING) +100 (PROPOSED) =188 SPACES • SHARED PARKING REDUCTION PER PARKING STUDY PROVIDED BY ENGINEERING 8 PLANNING (DATED 7-10-18) = 40 SPACES TOTAL SPACES REQUIRED: 148 SPACES PROVIDED PARKING TOTAL • 95 (EXISTING) + 93 (PROPOSED) = 188 SPACES TOTAL SPACES PROVIDED: 188 SPACES (PARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTURE PARKING ALONG CENTRAL BOULEVARD BY THE CITY OF CAPE CANAVERAL.) PRELIMINARY OWNER / DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS, LW280 W, CENTRAL BLVD., CAPE CANAVERAL, FL 32920 (321) 783-1848; mosh®wavevillage.com •A 41.41.414 UOIS a ;1-47 a w w (8) PHASE 2 CONCEPT PLAN 4, Project#: 2018-023 Drawing #. CONCEPT ALT3 Sheet ik c-1 Sheet 1 of 'SRw1 J. Morq•n P.E FL. Rrg. fn36)2 ;`. } Kuhach P.E PL rgilt44 % J J 81 i a `6 a N52'=3 7'36"L. a„,,§ \\' • HATCHED AREA REPRESENTS. - PROPOSED BELOW PAVEMENT STORMWATER MANAGEMENT SYSTEM J l / 4 4 IIII1111K .a r -1 11 6.99D 6D. n. Der 9.beO Sp. Fi. 6wvuuD Flvov. FDDTP•1vT EXISTING PHASE 1 1,33D Sp. FT. RCTwIL Ewwec EL[C vODM 111111-- Rc RD IliiMwC[ fiww( P 2.7DD SD. FT. Rc•TwuvwvT T•aueco DUTDDOv 6 unpo CZATRAL BOULEVARD ®® Flue PUYP,' Etcc. 1 ,33D Sp. -FT. R[TwIL 6P.C[ I .35D Sq. h. RR.R 6 wee 2.DOD 6p. Fr. - DnN[-THwu R Rw1L fiwwcc CUD coo ono • f f 1 f 410 1 I nag it it II li ' i' i' I 1 tti !1. i3 m GRAPHIC SCALE (WMET ) 1 Inch 30. EXISTING REQUIRED PARKING RETAIL- 10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,600 SF 1 SPACE PER 100 SF 46 SPACES REQUIRED • STORAGE - Z200 SF 8 SPACES REQUIRED • TOTAL:18,800 SF REQUIRING 88 SPACES RESIDENTIAL- 8 UNITS x 4 FLOORS = 32 UNITS • 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 32+3=35SPACESREQUIRED • RETAIL -5, 1 SPACE P400ERSF 300 SF 18 SPACES REQUIRED • RESTAURANT-2,70DSF 1 SPACE PER 100 SF 27 SPACES REQUIRED • RESTAURANT-2,OODSF 1 SPACE PER 100 SF 20 SPACES REQUIRED TOTAL: 10,100 SF AND 32 UNITS REQUIRING 100 SPACES • PROPOSED REQUIRED PARKING • RESIDENTIAL 8 UNITS x 4 FLOORS - 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES • . 32 + 3 = 35 SPACES REQUIRED . WU • - GYM - 6,950 SF 1 SPACE PER 300 SF 30 SPACES REQUIRED ' TOTAL: 8,950 SF AND 32 UNITS REQUIRING 65 SPACES REQUIRED PARKING TOTAL • 188 (EXISTING) + 65 (PROPOSED) = 253 SPACES • SHARED PARKING REDUCTION PER PARKING STUDY PROVIDED BY ENGINEERING & PLANNING (DATED 7-10-18) = 55"SPACES - TOTAL SPACES REQUIRED: 198 SPACES PROVIDED PARKING. TOTAL • 143 (EXISTING) + 110 (PROPOSED) = 253 SPACES TOTAL SPACES PROVIDED: 253 SPACES (PARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTUREPARKING ALONG CENTRAL BOULEVARD BY THE CITY OF CAPE CANAVERAL) PRELIMINARY OWNER /DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS, LLC 280 W. CENTRAL BLVD., CAPE CANAVERAL, FL, 32920 • - (321) 783-1848; mesh@wevevi8age.com 0 PHASE 3 CONCEPT PLAN [8383] 2 Sheet 7 of 3 3tevm J, Maym P.E PL. 3itg N70672 1Ddrtar I Crb.[h P.8FL R[q. AV7431 Minim f% r0.0.. a= L_ 1 HATCHED AREA REPRESENTS PROPOSED BELOW PAVEMENT STORMWATER MANAGEMENT SYSTEM r erwi• rvwcA O ELCc Avvr Jl 874 Sp. R. .c 4, R¢rnu. Ornce 6Pnec 1 ,35D Sp. fY. ReTw. aPACC I:1 RD LrA,.„ CED=EriDez • •. 9fifiD Sp. FT. DRvuup FLvvv- FpvTP•,Ai SCENT gL BOULEVARD RceT Rp D.n ilk- aPA r•c ueep DUTDDDn 6 unAv POOL EOu P 1 2,1DD 5p. FT. RC.T•uvwvr 1,35D 5p. FT.. R[Twil 5P•CC 1 .35D Sp. cT. R eT•IL 6r•C[ 2.D00 Sp. h. DVNe-TRvu R[iwi ePncc I1 1 iI II II ,j it GRAPHIC SCALE 13 A Im ( IN PEST) 1 inch 30 ft. EXISTING REQUIRED PARKING RETAIL-10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,800 SF vwi ¢ 1 SPACE PER 100 SF y 46 SPACES REQUIRED m • STORAGE - 2,200 SF 8 SPACES REQUIRED N U wQ ao TOTAL: 16,600 SF REQUIRING 88 SPACES RESIDENTIAL - 8 UNITS x 4 FLOORS = 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 32 + 3 = 35 SPACES REQUIRED • RETAIL- 5,400 SF 1 SPACE PER 300 SF 18 SPACES REQUIRED • RSAURANT-2,700SF 1 SPACE PER 100 SF 27 SPACES REQUIRED • RESTAURANT -2,000SF 1 SPACE PER 100 SF 20 SPACES REQUIRED TOTAL:10,100 SF AND 32 UNITS REQUIRING 100 SPACES RESIDENTIAL - 8 UNITS x 4 FLOORS = 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES mw 32 + 3 = 35 SPACES REQUIRED t_ • GYM - 8,950 SF a v 1 SPACE PER 300 SF 30 SPACES REQUIRED TOTAL: 5,950 SF AND 32 UNITS REQUIRING 85 SPACES Q a m PROPOSED REQUIRED PARKING • RESIDENTIAL - 8 UNITS x 5 FLOORS = 40 UNRS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 40 + 3 = 43 SPACES REQUIRED TOTAL: 40 UNITS REQUIRING 43 SPACES REQUIRED PARKING TOTAL • 253 (EXISTING) + 43 (PROPOSED) = 298 SPACES • SHARED PARKING REDUCTION PER PARKING STUDY PROVIDED BY ENGINEERING & PLANNING (DATED 7-10.18) = 58 SPACES TOTAL SPACES REQUIRED: 238 SPACES PROVIDED PARKING TOTAL • 247 (EXISTING) + 17 (PROPOSED) = 284 SPACES TOTAL SPACES PROVIDED: 264 SPACES (PARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTURE PARKING ALONG CENTRAL BOULEVARD BY THE CITY OF CAPE CANAVERAL) PRELIMINARY OWNER /DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS, LLC 280 W. CENTRAL BLVD., CAPE CANAVERAL, FL, 32920 (321) 783-1648; mash. avevi lags-com f ®41.4®<J uo5 naa CAPE CANAVERAL, FL PHASE 4 CONCEPT PLAN Project #. 2018-023 Drawing CONCEPT ALT3 Scale: Vert. WA Sheet. C-3 Sheet 3 of 3 9tew1 J. Morgan P.H fl.. Reg. MJ06J2 Ar>dren H ICh'4 crh PE FL Reg. g4'.431 tur dia iiZsrihr • fC 1174, Amk etta .eYV•.VYY' LANDSCAPE TABULATION LANDSCAPE FOR YARD AREAS ADJACENT TO RIGHT-0RWAY PER SECTION 110587 WEST CENTRAL BLVD RAN=487 LF. TREES REQUIRED = 5 PTS PER 75 L.F. = SX(4BL35)= B9 POINTS TREES PROVIDED = 14 CABBAGE PALMS ®5 PTS= 70 PTS SHRUBS REQUIRED 48]7J' O.C: 1B7 SHRUBS SHRUBS PROVIDED : 181 CHRISTMAS BERRY ASTRONAUT BLVDRIW =452 L.F. TREES REWIRED =5 PTS PER 5 L.F,=SX(452J75)=85 POINTS TREES PROVIDED 3 CABBAGE PALMS ®5 PTS= 5 PTS SHRUBS REWIRED 45NY O.0 = 151 SHRUBS SHRUBS PROVIDED =155 CHRISTMAS BERRY • 3NTERIOR LANDSCAPING PER SECTION 11.87 TOTAL SPACES PROPOSED 284 SPACES. TREES REWIRED=ONE5 PT TREE PERSSPACES=264Ai=53 TREES TREES PROVIDED = 5] TREES (Z3 PIGMY DATE PALM, 15 DAHOON 13 MAGNOLW.2 CA88AGE PALM) TREES REWIRED = ONE tO PT TREE ATTHE END OF EACH ROW ' TREES PROVIDED=22 TREES (22 LNE OAKS) LANDSCAPEBUFFER PER""'" 1'5" WESTBWNDARY LINE TREES REWIRED =ONE tOPTTITNE.A TEET=3'3' 11 TREES TREES PROVIDED = 11 TREES (11 LNE OAKS) NORTH BOUNDARY LINE TREES REWIRED=ONE IO PTTREE PER SS FEET =500175=15 TREES . TREES PROVIDED = 15 TREES (B NEW LNE OAKS. 2 EXISTING LNE OAKS, 5 EXISTING PALMS) LANDSCAPE PER SECTNTE 2-05EES REWIRED =NOR THAN B TREES OR 4TREESPERACRE ACXd AE 20TS\ESPROVIDED10gZIR. =48TREES 5 P7TREES =BD TREES TOTALTREES=128 TR EES C.SWZRAZ Bo ULE'vegRl PLANT LIST .rP rers-: r e, .o.. : :rr ' .r a +'. •; 6 1R[Taf❑L 6Fwec TvettJe[o o T000, sea,,.. z, oo sv. Fr. ReaiaY4wwT 1,390 60. FT. R BTa1L SPtCC 1,350 60. Fi. R CTwti Bcae[ GRAPHIC SCALE 1m (IN PEES) 1 Inch — 30 ft LANDSCAPE SPECIFICATIONS • 1. CONTRACTOR IS TO REMOVE ALL EXISTING VEGETATNE COVER AND ANY DELETERIOUS MATERIALS FOUND IN THE MSTING SOIL IN ANY PLANTING OR SOD AREA. CONTRACTOR LSE AMEND THE PH DF THE ROUGH GRADE SOIL RN "'AREA' CONTRACTOR' IS TO ADD SULFUR ATA RATE OF ONE POUND OF SULFUR PER )DO SO. FT., OR AS DIRECTED BY THE ENGINEER OR OWNERS REPRESENTATNE. 1 t j d. CONTRACTOR -IS TO PROVIDE IMPORTED ORGANIC SOIL FOR FILL AND FOR BACKFILLING OF PLANTS IN ALL AREAS.ORGANIC SOIL IS TO BE A FLORIDA PEAT IXCAVATED FROM A r^ NATURALLY WELL DRAINED SITE AND TO A DEPTH OF NO MORE THAN 12INCHE3 FROM GRADE. DO NOT OBTAIN FROM BOGS OR MARSHES.OBTAIN ORGANIC SOIL FROM A STATE i CERTIFIED SOIL SUPP101. 5. ANY FILL REQUIRED FOR LANDSCAPED AREAS, BESIDES THE SPECIFIED ORGANIC SOIL IS TO BE SAND. 'sir OR'SP' GRADE BJ THE UNIFIED SYSTEM. rV i O I 8. INPTARHEEAPDAEDPSLANGE, EAP 3L• ADYEEPR OFOOGH SOTIL BE TAODBDEEDSROEATHAAMREDWCTOTHTOP I .AMRTHAIXINSGNEAORONPAOL 2' ILDAEWALOF, CURL IORTOE 7. IN ALL LANDSCAPED BEDS, CONTRACTOR IS TO INSTALL A FINISH GRADE WRH GENTLE (2a96) SLOPE FROM CENTERLINE OF PLANTINGS DOWN TO BACK OF CURB OR SIDEWALK. ri; B. THE CONTRACTOR SHALL LOCATE ALL IXISTTNG OR PROPOSED UTILITIES PRIOR TO ANY IXCAVATION AND SHALL NOT PLANT ANY MATERLALS OR FINISH GRADE IN ANY ; ) 1 LOCATION THAT WILL INTERFERE OR WILLGROW TOINTERFERE WRH THOSE FACILITIES.STAKETREE LOCATIONS AND GETAPPROVALOFTHE ENGINEER OR OWNER'S , to ( i REPRESENTATNE BEFORE PLANTING. - • 1 I Ct,,' 9. TPAATYRAMCATTOEAAVEYH GWLFL DLSRPSTININDOOSWRTMINIGES AOCRLLTIHSDANINGTEEASEROR W ANY EXCAVTOAND 'ALL OT 10. ALGLRNICEUWLPUNTANMCEORNAMSEHASVCrXISFA NNOF AMINEDDUSTGY,ADE STANDARDFOR NREY PLANS19' REVISED EDONUBHED Y F71" DEPTOF 11, ALL PLANT MATERULLS SHALL BE INSTALLED WRH SOUND HORTICULTURAL PRACTICE. IN SOIL THAT IS SURABLE FOR PLANT GROWTH, WITH ADEQUATE DRAINAGE, AND WITH SPECIFIED FERTILIZER AND SOIL AMENDMENTS.CONTRACTT]R IS TO NOTIFY OWNER'S REPRESENTATNEIF CONDITIONS ARE UNSUITABLE FOR PLANT GROWTH. EWING SUBLIME 12. 13, 14. 15, 18. ALL TREES ARE TO BE PLANTED SO THAT THEIR CENTER POINT IS NO CLOSER THAN Y FROM BACK OF CURB OR EDGE OF OTHER PAVEMENT OR UTILITY EQUIPMENT. ALL PLANTS ARE TO BE PISTALLED IN ACCORDANCE WITH SPECIFICATIONS FOR. MINIMUM SPACING FROM STRUCTURES AND OTHER PLANTS. SEE PLANT SPACING DETAIL ON THIS SHEET. CONTRACTOR.IS TO MAKE FIELD ADJUSTMENTS AS REQUIRED ANDAS APPROVED BY THE ENGINEER OR OWNER'S REPRESENTATNE. ALL PLANT BEDS ANDTREE HOLES ARE TO BE EXCAVATED TOA MINIMUM WIDTH OF tT3 LARGER THAN THE ROOT BALL AND BACK -FILLED WfTHAWELL BLENDED MIXTURE OF ]]%IMPORTED ORGANIC SOIL AND 88% SAND. USE SAND FILL IF EKISTING SOIL l5 NOT CLEAN XIT;E SAND THAT IS FREE FROM 1. OR LARGER ROCK. CONSTRUCTION DEBRIS OR OTHER EXTRANEOUS MATTER. - - THE CONTRACTOR IS T C BE RESPONSIBLE FOR LANDSCAPE MAINTENANCE UNTIL 9D DAYS AFTER FINAL ACCEPTANCE CONTRACTOR IS TO MAINTAIN ALL PLANTS AND SOD UNTIL FINAL ACCEPTANCE THE CONTRACTOR SHALL GUARANTEE ALL PLANT HVITERLAL. EWIPMENT.AND WORKMANSHIP FOR TWO YEARS AFTER FINAL APPROVAL UPON FINAL INSPECTION. ANY PLANT THATAPPEARS TD BE DAMAGED OR IN SHOCK SO THAT R IS NO LONGER WRIDA FANCY WILL BE REMOVED AND REPLACED WITH A N EALTHY PLANT OF THE SAME SPECIFIED TYPE AND SIZE. IN ALL SOD AREAS, 2' DEPTH LAYER OF ORGANIC SOIL IS TO BE SPREAD AND 61lXED WITH THE TOP 4' DEPTH OF ROUCif GRADE. AFTER THIS MU(ING. AN ADDITIONAL 2• LAYER OF SOIL IS TO BE SPREAD A.5 REQUIRED TO ACHIEVE FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE ENGINEER OR OWNER'S RE RRESENTATNE A MINIMUM OF 24 HOURS PRIOR TO APPLYING SOD. 17. ALL LANDSCAPING TO BE PLACED A MINIMUM 3' FROM BACK OF CURBING. 1B. ALL LANDSCAPED AREAS TO BE IRRIGATED WITH WO% COVERAGE WITH AN AUTOMATIC IRRIGATION SYSTEM. WATER SUPPLY WILLBE REUSE WATER. 19. ANIF SPE DCCIFffY STIEDAFF. PLANTS ARE UNAVAILABLE AT TIME OF CONSTRUCTION, CONTRACTOR MAY REPLACE SPECIFIED PLANTS WITH PLANTS APPROVED BY TH E LANDSCAPE ARCHITECT - 2D. LANDSCISLADSAPE CONTRACTOR WILL PROVIDE 4.1 02., WOVEN POLYPROPYLENE, NEEDLE -PUNCHED FABRIC. WEED BARRIER FOR ALL LANDSCAPE BEDS INCLUDING PARKING LOT • LEA mp 113 REMAIN PROTECT TTR E 1YNH1111 6 LAYERS BASE OF LEAF 3'Y RESF]VNC HOLE SHALL BE APRt06®/ATE1Y 1 LARGER THAN airs.' %iOCDEN povER RUBBER HOSE OVER WIRE 10 *BE TO PROTECT TREE ATTACHMENT AT DIFFERENT HEIGHT ALONG TRUNK (3) 7■4' 11000 STAKES NAILED TO STRIPS AT TREE ATFes^ STAMM .12 GAUGE DOUBLE STRAND L3tA0E GALVANIgD tiSHED %IRE TWISTED GRADE (3) 2'E4 WOODEN STAKES SET FWSH N/ 7091 GRADE DAOGILL WITH LDOSFPED NATIVE SOIL SOL TO PREACTr Prr -SETIUNG PALM TREE PLANTING/STAKING. DET MINIMUM HEIGHT SPREAD MINAIUM DBH QUANTITY SYMBOL ABBREVIATION/MALE COMMON NAME BOTANICAL NAME LARGE TREES 10' 2' 3' DBH 48 !r4 LO LIVE OAK OUERCUS VIRGINWW 0 0 SM SOUTHERN A.M. MAGNOLIA GRAND/FLORA MEDIUM TREES 10' 2' 3' 08H 15 0 0H . DAHOON ILEX. CASSINE SMALL TREES 6' 2' 2' DBH 15 0 MG LITTLE GEM MAGNOLIA MAGNOLA GRANOIFLQRA 21T. GEM' PALM TREES 6' 04. -- -- 29 la CP CABBAGE PALM SABAL PALMETTO 23 4ty DP PIGMY DATE PALM PHOENIX ROEBELLINI SHRUBS 36' _ - -- 3 GAL 316 0 C8 CHRISTMAS BERRY LYCIUM CAROLINANUM 0 9 se SPANISH BAYONET YUCCA ALOIFOLI4 (ROUND COVER 12' 12' 1 GAL, 0 = BS BEACH SUNFLO.ER HEUANTHUS DEBIUS 0 - TV fTRENT11EEL GAILLARDA PULCHELLA MULCH 0 ® MULCH SOD 2,03.5 SE 000{} ARIGENTTNE BAHIA SOD PLEASE NOTE: THIS IS A CONCEPTUAL LANDSCAPE PLAN. ACTUAL LANDSCAPE PLAN WILL BE DEVELOPED DURING THE SITE PLAN REVIEW PROCESS. ACTUAL PLANTINGS INCLUDING SIZE AND SPECIES WILL VARY. .REmVNC HOLE SHALL BE TTELY THAN ROOTBALL 2)2,2 1Y WOODEN STAKES ROM E COVE R1HG FROM THE TOP A1/3OFTHE WAY DOMYN THE SLOE OF THE ROOTBALL SOIL SAUCER TO HOLD WATER El4SH ORADE SONG SUBGRAOE 3. GULCH BACKFLLL W/PLAII10)9 00 OR 1D051]VED NATIVE. It (SEE SPE45CA110NS) SETTLIAcT NG SaL TO PREVENT SMALL TREE PLANTING/STAKING DET% SHRUBS SHALL BE PLATTED A YNUIUY OF I. AND NO MORE THAII 7 ABOVE RASH GRADE, DEPENDING UPON SITE COMMONS. SHRUB/GROUND COVER PLANTING DETAIL NIS PRELIMINARY OWNER N DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS, LLC • 250 W. CENTRAL BLVD.. CAPE CANAVERAL, FL, 32920 (321) 783-1848; mosh5wavevillage.cam <t‹ ®®® Dols A, PHASE 4 CONCEPT LAND SCAPE PLAN / Project.:2018-023 aiN Dr_av it CONCEPT ALT3 ale: Hord. 1'=30' Vert WA Sheet#. LS-1 Sheet 1 of 1 Stevef J. Mmgm PE I+L. Rrg ttSO432 Affdrem H Kila PE. li RaT,. YA443 L Date: WAVE VILLAGE 8130 1 ASTRONAUT B LV D CAPE CANAVERAL, FL 32920 melD studio ARCHITECTURE WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL ALL PHASES GROUND,FLOOR PLAN SCALE- 50 '-0" W AVE V I LLA G E cEiv_TRAL _ ASTRONAUT BLVD,,—CAPE CANAVERAL, FL _ BwOULATAkt, ALL PHASESUPPER FLOOR PL AN 25501 00 WAV, V I LLA G E ASTRONAUT BLVD, CAPE CANAVERALFL W CENTRAL BOUL„ARD „ " " '14 5 fla 111(4.7.2114)74 -4440; • • I I I MIDC1=7) CiStudio ARCHITECTURE WAVE VI LLAG E ASTRONAUT BLVD, CAPE CANAVERAL, FL 0' 12' 24' 48' 0 = TOP OF ROOF SLAB 5TH FLOOR BODY COLOR. SW-6350 5TH FLOOR TRIM COLOR, SW-6385 5TH FLOOR SLAB 'SATIN ANODIZED ALUM RAILING 4TH FLOOR SLAB SATIN ANODIZED ALUM WINDOWS B_____ 2ND THRU 4TH FLOOR BODY COLOR. SW-6654 3RD FLOOR SLAB SPANISH BARREL TILE ROOF (-1ST FLOOR TRIM COLOR, SW-6321 2s. FLOOR SLAB STUCCO. SAND FINISH TYP. OG9 IST FLOOR BODY COLOR. SW-6358 ANODIZED ALUM LOUVERED AWNING ANODIZED ALUM STOREFRONT r BASE TRIM COLOR. SW-6385 SCORED STUCCO WAINSCOT BASE - COLOR - SW-6321 GROUND FLOOR SLAB NOTE THE COLORS, FINISHES, MATERIALS AND HEIGHT OF FIRST FLOOR RETAIL SPACE TO MATCH EXISTING BEACHWAVE BUILDING ON SITE, PHASE 2 EAST ELEVATION SCALE: 1" = 24'-0" TOP OF ROOF SLAB 5TH FLOOR BODY COLOR. SW-6350 5TH FLOOR TRIM COLOR. SW-6385 5TH FLOOR SLAB SATIN ANODIZED ALUM RAILING 4TH FLOOR SLAB SATIN ANODIZED ALUM WINDOWS 2ND THRU 4TH FLOOR BODY COLOR, SW-6654 3RD FLOOR SLAB SPANISH BARREL TILE ROOF 1ST FLOOR TRIM COLOR, SW-6321 2ND FLOOR SLAB STUCCO. SAND FINISH TYP 1ST FLOOR BODY COLOR. SW-6358 ANODIZED ALUM LOUVERED AWNING ANODIZED ALUM STOREFRONT BASE TRIM COLOR, SW-6385 SCORED STUCCO WAINSCOT BASE - COLOR-SW-6321 GROUND FLOOR SLAB NOTE: THE COLORS, FINISHES, MATERIALS AND HEIGHT OF FIRST FLOOR RETAIL SPACE TO MATCH EXISTING BEACHWAVE BUILDING ON SITE, PHASE 3 WEST ELEVATION SCALE: 1" = 24'-0" me1D studio ARCHITECTURE NOTE THE COLORS, FINISHES, MATERIALS AND HEIGHT OF FIRST FLOOR RETAIL SPACE TO MATCH EXISTING BEACHWAVE BUILDING ON SITE, PHASE 2 AND 3 NORTH ELEVATION NOTE THE COLORS, FINISHES, MATERIALS AND HEIGHT OF FIRST FLOOR RETAIL SPACE TO MATCH EXISTING BEACHWAVE BUILDING ON SITE. PHASE 2 AND 3 NORTH ELEVATION 2,E) THRU 4TH FLOOR BODY COLOR, SW-6654 3RD FLOOR SLAB 1ST FLOOR TRIM COLOR. SW-6321 2ND FLOOR SLAB STUCCO, SAND FINISH TYP. 1ST FLOOR BODY COLOR, SW-6358 ANODIZED ALUM LOUVERED AWNING BASE TRIM COLOR, SW-6385 SCORED STUCCO WAINSCOT BASE - COLOR-SW-6321 GROUND FLOOR SLAB 2ND THRU 4TH FLOOR BODY COLOR, SW-6654 2ND FLOOR SLAB STUCCO. SAND FINISH TYP ANODIZED ALUM LOUVERED AWNING ANODIZED ALUM STOREFRONT BASE TRIM COLOR. SW-6385 SCORED STUCCO WAINSCOT BASE - COLOR - SW-6321 G'DUND FLOOR SLAB PHASE 4 SOUTH ELEVATION E SCALE: II' = 241-0" OP OF PO DF SLAB SW 360 SFERNM WILLIAMS MT TIF I.roar 5TH FLODR TF: 9N' SES. SHEiM'M WILL IANS DOVER WHITE T. FJ DOR SLAB 5TH FLOOR BODY COLOR, SW-6350, 5TH FLOOR TRIM COLOR.SW-6385• 5TH FLOOR SLAB SATIN ANODIZED ALUMINUM RAILING 4TH FLOOR SLAB SATIN ANODIZED ALUMINUM WINDOWS 'ND THRU FLOOR BOOM4TH COLOR, SW-6654 3RD FLOOR SLAB SPANISH BARREL TILE ROOF /// IST FLOOR TRIM COLOR, SW6321 2ND FLOOR SLAB - ANODIZED ALUM - LOUVERED AWNING ANODIZED ALUM STOREFRONT BASESW6363 COLOR• GROUND FLOOR SLAB SeTM ANM IED eLLMWLM FAIL PR VIEW seTM ANorizEo eLUMINVM 'MMDOWS SN{ESL. $,ERNM NILLIAMS Se1RPRISE AMBER Tr 7 ooR SLAB FIRST FL^ -OR TRM1 SW{321. SFER/IIN wlLuen; RED sAr SRO FI OOR SLAB STLCCD. SAND 2ND Fl GCR SLAB SN'i3.B. SFERNM NILLIenS _REpMEFY OareVillage t TlifLOOF SLAB SATIN ANODIZED AL UIINLM wINOCWs 11 1W 665L, SIf FWIN 117 MILLIeMS SLRPRISE nBEP rHG i.9AB FIFST FL OCR TRIM. SWdS21, SIERNIN «Iwens REo Be, LPD FLO. SLAB PHASE 4 WEST ELEVATION PHASE 4 EAST ELEVATION SCALE: I" = 241-0° SCALE: I° = 241-0° WAVE VILLAGE 1 I I ASTRONAUT BLVD, CAPE CANAVERAL, FL 0' 12' 24' 48' STIR -CO SAND FMr;H ItfLOOF ` SW{SSF, SHERY/IN 1 wlulAMs cREenE ar maD studio ARC• ' T TURE SW 6385 Dover White 261-C2 1 2ND THRU 5TH FLOOR TRIM COLOR SW 6350 Intricate Ivory 265 Ca SW 6654 Surprise Amer 5TH FLOOR BODY COLOR 2ND THRU 4TH FLOOR BODY COLOR SW 6358 Creamery 1ST FLOOR TRIM COLOR AND 1ST FLOOR BODY COLOR BASE COLOR WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL DRIVE THRU COFFEE, ALUMINUM WALL TRELLIS studio ARCHITECTURE Open Double Top Rail 42" H. BALCONY RAILING ANODIZED ALUMINUM FINISH LOUVERED SUNSHADE OVER IST FLOOR STOREFONT ANNODIZED ALUMINUM FINISH Rectangular Tube Frame Pre -punched rectangular tubes for side frames and center muilian Air Foil Louver Blades Class 5• ore -tensioned sptra oalaece system • Cotilternalartes 70 r sas ' t `ar west. srnodte. ani Oovtg Integrated Mt rails • Now trgss ti cxeehar, Concealed weat e -sue and weep holes • Keep e s ,ts ouz wt t ,erg wcei t-e WAWA, s s'es IMPACT RATED SINGLE HUNG WINDOW ANODIZED ALUMINUM FINISH * PLEASE NOTE: THESE ARE CONCEPTUAL ARCHITECTURAL DRAWINGS AND SPECIFICATIONS. WAVE VILLAGE ASTRONAUT BLVD, CAPE CANAVERAL, FL Rect. Tube Frames (Mitered for welding) Half Round Bull Nose (Mecharically attached at sides and tack welted at mullion) r4fruoire war : P memo, 6 isomt So/talons VHS 50 taw pressers oentigrratron radices iestertatran tine end hatetled cost Modiste NM eioa pressure cerifi'arstione react, Ai4har specs sad'reeter impact moistenea This system can be Moils or outside 'lend for imam jaasite fleRiftilitt- VHS 50 FS & VHS 50 15 eat. Ng., parformarce st rafrort •asters des:ynnd for rnoiMithic glaring ,FS1 ur ter iris,; ahng ;pass lF1 1' to 1-5/16' thick With vaned Hill and *mponents. VHS 501 can meet ill dmrandinn requirements of Pet Impact Resister,. arc Bast Mit.rztiorr the ey;te" inlgJrates with H Sores and 1. 5txies totter,. with medium or wide stiles. Ellie:->oes fecal a wide varioty of tested and app'twed n ng;nq are ,ockinq -la^tlNwte: including rim pall, and cones-ed ,crtical roc BXit eevires. FEATURES. • Herricana Impact - Larpe and Small Missie • 1SC 4, Harkin Ftnduet Approval • W,id 7r si Fit -wild H O Uric* I,ritane bre (HA 51 • Approot.0 fto tAisik ILwi i E - Ecsesrtal fat,. • Blast Mit5. tioa - Static and thmar; c .Analvs-is capability to meet DoC. GSA six' VA staud.rds • Spans to 144`; nmom0dates glass sites 5051' • Design PrassJres tit 9J pst • Engineered cantors rode. tot, spocif:: nog, oaring • Insitfe or outside gluing eveilette • In;enrates With ThrerraShadaM and Lurrinarr:at& Sun control tenda4ls and YKK AP verrt:r:g windows 1ST FLOOR STOREFRONT GLAZING ANODIZED ALUMINUM FINISH 1-PIECE S TILE -'Tuscany Blend aTxr`+r:t !Arm: T mn,v-ti V. a,. a•r, l a tw: +' r s}-.:r•. ++S s s xneu +t.. r. . i• a%wGsSr t:lr;l1:.., r R ,•rr•• • . se, •: A: ,e4 SPANISH STYLE TILE ROOFING TO MATCH EXISTING BEACHWAVE BUILDING ON SITE ACTUAL MATERIALS AND BRANDS WILL BE CHOSEN DURING THE DESIGN PROCESS AND MAY VARY. melD studio ARCHITECTURE A LTG Via email: mosh@wavevillage.com Ref: 4596.01 Engineering & Planning TECHNICAL MEMORANDUM To: Mosh Gal From: Matthew West, AICP Subject: Wave Village Parking Analysis, City of Cape Canaveral, FL Date: July 10th, 2018 INTRODUCTION LTG, Inc. (LTG) has been retained by Wave Developments, LLC. (the CLIENT), to perform a shared parking analysis associated with a multi -tenant residential, retail, and restaurant development known as Wave Village (the PROJECT) located at the intersection of SR A1A (Astronaut Boulevard) and W. Central Boulevard in the City of Cape Canaveral. The existing/proposed development is composed of four phases described in Table 1. The site when built -out will provide 264 paved parking spaces. The methodology and procedures used in this analysis are consistent with the guidelines of the City of Cape Canaveral. ANALYSIS The existing and proposed uses for each of the four phases are shown in Table 1. LTG consulted the Cape Canaveral Land Development Regulations for off-street parking requirements and the Urban Land Institute's (ULI) Shared Parking, Second Edition, software to determine shared parking requirements. For the purposes of providing a conservative analysis, the storage and gym space shown on the Client's conceptual plan are calculated as additional retail space. Additionally, there is a proposed pool bar which is treated as an accessory use to tenants of the residential development. Therefore, the pool bar does not generate additional parking demand. This analysis assumes that the residential development is a short-term vacation rental product, and as such, the City will permit required parking to be calculated as if the units were hotel rooms. This is exhibited in Tables 2 and 3. AJ Engineering & Planning Mosh Gal July 10th, 2018 Page 2 Table 1 Existing and Proposed Uses Wave Village Phase Use Size Unit Existing Retail 10,000 Square Feet 1 Restaurant 4,600* Square Feet Storage 2,200 Square Feet Proposed Residential 32 Units (rooms) Retail 5,400 Square Feet 2 Restaurant 2,700 Square Feet Restaurant 2,000 Square Feet Residential 32 Units 3 Retail 8,950 Square Feet 4 Residential 40 Units *1,800 SF of existing Arcade being converted to proposed Restaurant Table 2 shows the total unadjusted parking requirements for Table 1 uses based on the City of Cape Canaveral Code. Table 2 City of Cape Canaveral Unadjusted Parking Requirements Wave Village Use Size Units Ratio Parking Required Commercial/Retail/Non-restaurant 24,350 Square 1 space per 300 SF 82 spaces Feet Storage 2,200 Square 1 space per 300 SF 8 spaces Feet Restaurant 9,300 Square 1 space per 100 SF 93 spaces Feet Residential 104 Units 1.083 spaces per unit 113 spaces Total: 296 spaces A LTG Engineering & Planning Mosh Gal July 10'h, 2018 Page 3 Based on the findings shown in Table 2, the City of Cape Canaveral's Code requires a minimum of 296 off- street parking spaces when considering the proposed uses individually without adjustment. Since there is not a storage use in the City of Cape Canaveral's Zoning code, the proposed storage space in Phase 1 was calculated as retail space in Table 2. Using the parking requirements from Table 2, LTG utilized the ULI Shared Parking Model to estimate the minimum number of parking spaces required to support the development program in the peak demand month, which the model calculates as Late December. The Client has confirmed that the residential units are to be calculated as hotel rooms. In the model, Community Shopping Center was used for retail, gym, and storage, Family Restaurant was used for restaurant, and Hotel -Leisure was used for residential. To provide the most conservative analysis, the model did not account for mode choice so that the parking demand was calculated as if all the visitors and employees accessed the site via passenger vehicle (no credit for pedestrian, bicycle or transit travel). Also, no credit was given for visitors to the site or occupants of the on - site residential units frequenting the retail or restaurant uses on site (no internal capture). Therefore, the entire parking demand was calculated as if all visitors and employees came from off -site by passenger vehicle. The results of the model are shown in Table 3. 4LTG Engineering & Planning Mosh Gal July 10th, 2018 Page 4 Table 3 Shared Parking Demand Summary Peak Month: Late December--Peak Period: 12 PM,Weekend SHARED PARKING DEMAND SUMMARY PEAK MONTH: LATE DECEMBER - PEAK PERIOD: 12 PM, WEEKDAY' Peak Hr Peak Mo Estimated Peak Hr Project Data Base Adj Adj Parking Adj Land Use Quantity Unit Rate* Unit** 12 PM Late December Demand 12 PM Community Shopping Center(<400 ksf) 26,550 sf GLA 2.72 /ksf GLA 0.90 0.80 52 0.80 Employee 0.66 /ksf GLA 1.00 0.90 16 1.00 Family Restaurant 9,300 sf GLA 8.57 /ksf GLA 1.00 0.95 76 1.00 Employee 1.43 /ksf GLA 1.00 1.00 13 1.00 Hotel-Leisure 104 rooms 0.85 /rooms 0.65 1.00 57 0.65 Restaurant/Lounge sf GLA 10.00 /ksf GLA 1.00 0.95 0 1.00 Conference Ctr/Banquet (20 to 50 sq ft/guest room) sf GLA 30.00 /ksf GLA 0.65 1.00 0 0.65 Convention Space (>50 sq ft/guest room) sf GLA 20.00 /ksf GLA 1.00 0.00 0 1.00 Employee 0.23 /rooms 1.00 1.00 24 1.00 Customer 185 Employee 53 Reserved 0 Total 238 Shared Parking Reduction: 21.74% *Total Base Rate per Cape Canaveral Land Development Regulations and Customer vs. Employee demand per Urban Land Institute Shared Parking Manual, Second Edition **/ksf GLA=Per 1,000 square feet of gross leasable area A LTG Engineering & Planning Mosh Gal July 10th, 2018 Page 5 Table 3 shows the associated shared parking demand, which the model has as 21.74% weekend parking reduction attributed to shared parking. This shared parking is from the various uses which require unique parking demands by hour of the day. The time and month of late December has the highest peak parking demand and was shown here for a conservative parking estimate. The ULI model estimates a peak parking demand of 238 at 12:00 p.m. on a weekend in late December. CONCLUSION As noted above and based on the ULI shared parking formulas used in the model calculations, the shared parking provisions result in a 21.74% reduction of weekend parking demand. The weekend parking demand calculated is 238. Given that 264 parking spaces will be provided by the Client's development, the supply will meet the demand. This analysis does not take into account any existing or potential future on -street parking facilities in the vicinity of the site. I affirm, by affixing my signature below, that the findings contained herein are, to my knowledge, accurate and truthful and were developed using current procedures standard to the practice of professional planning. Name: Matthew West, AICP Signature: /717A7AT----- Date: July 10th, 2018 4LTG Engineering & Planning ©sole uo.ye & 74 05' 74.66 50' 50.1 /// :3' II 111124. 135' Fk-29' 95' —1.110'- 45 HATCHED AREA REPRESENTS PROPOSED BELOW PAVEMENT S0ORMWATER MANAGEMENT SYSTEM \``````` _ fd T RA gOtizz, ,4141J EXISTING PHASE 1 I 110' - 45 vorma Malt MON MINS ( ww 01 Q ry a n w Q N GRAPHIC SCALE 120 ( M FEOT ) 1 inch = 30 ft EXISTING REQUIRED PARKING • RETAIL - 10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,600 SF 1 SPACE PER 100 SF 46 SPACES REQUIRED • STORAGE - 2,200 SF 8 SPACES REQUIRED TOTAL. 16,800 SF REQUIRING 88 SPACES • RESIDENTIAL- 8 UNITSx 4 FLOORS= 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 32 + 3 = 35 SPACES REQUIRED • RETAIL- 5.400 SF 1 SPACE PER 300 SF 18 SPACES REQUIRED • RESTAURANT- 2,700SF 1 SPACE PER 100 SF 27 SPACES REQUIRED • RESTAURANT- 2,000SF 1 SPACE PER 100 SF 20 SPACES REQUIRED TOTAL 10,100 SF AND 32 UNITS REQUIRING 100 SPACES • RESIDENTIAL - 8 UNITS x 4 FLOORS = 32 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 32 + 3 = 35 SPACES REQUIRED GYM - 8,950 SF 1 SPACE PER 300 SF 30 SPACES REQUIRED TOTAL'. 8 950 SF AND 32 UNITS REQUIRING 65 SPACES PROPOSED REQUIRED PARKING • RESIDENTIAL - 8 UNITS x 5 FLOORS = 40 UPUTS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 40 + 3 = 43 SPACES REQUIRED TOTAL 40 UNITS REQUIRING 43 SPACES REQUIRED PARKING TOTAL • 253 (EXISTING)+ 43 (PROPOSED) = 296 SPACES • SHARED PARKING REDUCTION PER PARKING STUDY PROVIDED BY ENGINEERING 8 PLANNING (DATED 7-10-18( = 58 SPACES TOTAL SPACES REQUIRED: 238 SPACES PROVIDED PARKING TOTAL • 247 (EXISTING) + 17 (PROPOSED) = 264 SPACES TOTAL SPACES PROVIDED: 264 SPACES (PARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTURE PARKING ALONG CENTRAL BOULEVARD BY THE CITY OF CAPE CANAVERAL.) PRELIMINARY OWNER /DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS. LLC 280 W. CENTRAL BLVD. CAPE CANAVERAL. FL, 32920 (321) 783-1848, mosh@wavevIllage.cons 0I 0 s nay 0 EI0 U t1 1' WAVE VILLAGE PHASE 4 CONCEPT PLAN zLI) U cl c4.Ri c554•— 4,.... W $me g• i•• C 2 a L74 O v '141 IV U 1 [L032n#C0NCEPT rojec#2018-023 ALT cale Honz. 1030' Vert N/A heet# C-3 Sheet 3 of J n 1. Morgan P.E. FL. Eve. =4ih?- ei1.6.:i.IL Airbwh P.F.. FI. Reg. .49- 1 I Lao Law Offices of CANTWELL & GOLDMAN, P.A. Bradly Roger Bettin, Sr. William H. Cantwell, II 1' 2 Mitchell S. Goldman J. Wesley Howze Matthew J. Monaghan Nina V. Rawal Kimberly Bonder Rezanka Michael Sjuggerud 3'4 Jay R. Thakkar ' Board Certified Construction Lawyer and Board Certified Business Litigation Lawyer 2 Also Member of West Virginia Bar ' Also Member of District of Columbia Bar, New York Bar, and Washington Bar Board Certified Real Estate Lawyer www.cfglawoffice.com November 14, 2018 Via Email: D.dickey(aicityofcapecanaveral.org Mr. David Dickey, Director Community Development City of Cape Canaveral 110 Polk Avenue Cape Canaveral, Florida 32920 96 Willard Street, Suite it 302 Cocoa, FL 32922-7947 Telephone: (321) 639-1320 Facsimile: (321) 639-9950 Re: Wave Developments, LLC, 8801 Astronaut Boulevard, Cape Canaveral Proposed Development Agreement for Wave Village Dear Mr. Dickey: As you know, Wave Developments, LLC has developed a concept plan ("Wave Village") for additional phased development to its five (5) acre parcel located at 8801 Astronaut Blvd., Cape Canaveral, Florida (the "Property"). The parcel is zoned C1, and is located in the Economic Opportunity Overlay District ("EOOD"). The enclosed Port of Call Development Agreement is proposed to facilitate the overall development of the Property, while providing assurances to Wave Developments, LLC and the City that each phase of the Project will be completed as agreed. We have previously been advised by you that there is no fee to be submitted with the Development Agreement. We request that this be scheduled for hearing before the City Council at the earliest date possible. The new development will be constructed in three additional phases, as Phase 1 is already completed. The Phases are detailed and sketches are attached to the Development Agreement. Because the Project includes four (4) separate buildings with internal drive aisles and frontages, and because of the vacation apartment rental concept, Wave Village is a unique and exciting Project. Because the four Phases of the development are intended to create one interdependent project that will need substantial engineering and design, the attached Development Agreement is proposed to provide sufficient time for completion of the entire Project. Additionally, because the uses proposed in all the Phases are complimentary to each other, as well as to the uses in Phase 1, there are issues involved in development of the Property that are unique. Therefore, the Development Agreement accommodates those unique issues, including shared parking, shared retention and additional signage. The City's Development Review Committee has approved the shared parking based upon the ULI Shared Parking formula. The Development Agreement also acknowledges that the proposed vacation apartment rental buildings shall be permitted to be 65 feet in height, as allowed per City Code in the EOOD. Should you have any questions, please contact me. Otherwise, I will anticipate comments upon review by you, the City Attorney and the City Manager. Thank you for your assistance in this matter. Sincerely, mutt Rgaft4a, Kimberly Bonder Rezanka KBR:bms enclosure cc: Anthony Garganese, Esq. Mosh Gal Page 2 of 2 Kimberly Rezanka From: Anthony A. Garganese <agarganese@orlandolaw.net> Sent: Friday, August 10, 2018 4:12 PM To: Kimberly Rezanka; Mosh Gal Cc: 'David Dickey' Subject: RE: Wave Village Kim, Mr. Dickey and I have reviewed the City Code. The next several phases of your client's proposed Wave Village mixed use project consists of large, condo style, fully furnished and ready vacation rental units, retail units, fitness space, parking garage and restaurants. Section 110-592, City Code, defines a "Port of call facility" as "a tourist -related use with a range of uses which may include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision for hotel, and other tourist support services." As such, it appears based on your client's proposal and representations submitted to the City, that the overall tourist -related nature of the proposed Wave Village project would be eligible to be categorized as a "Port of Call Facility" under the EOOD Overlay District. However, the EOOD regulations require that the final Port of Call Facility designation of the Wave Village project be subject to a binding development agreement. Development agreements require City Council approval. Further, the project must also comply with other applicable provisions of the City Code including the EOOD regulations. If you have any questions, please do not hestiate to contact me. Regards, Anthony GARGANESE WEISS 'ETA Pti ATToe,T4ET ; AT LAW Anthony A Garganese I Esquire Board Certified City, County & Local Government Law Garganese, Weiss, D'Agresta, & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: agarganese@orlandolaw.net 1 Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Friday, August 10, 2018 10:19 AM To: Anthony A. Garganese ; Mosh Gal Cc: 'David Dickey' Subject: [EXTERNAL] RE: Wave Village Anthony, Please confirm that you agree that my client may proceed through the Port of call DA process. Thank you, Kimberly Bonder Rezanka, Esq. Cantrell Goldman PA 96 Willard Street, Suite 302 Cocoa, FL 32922 321-639-1320 ext. 123 Fax 321-639-9950 From: David Dickey [mailto:D.DickeyPcityofcapecanaveral.org] Sent: Thursday, August 09, 2018 4:57 PM To: Mosh Gal <mosh@wavevillage.com> Cc: Kimberly Rezanka <kim@cfglawoffice.com>; Anthony Garganese <agarganese@orlandolaw.net>; Patty Clark <patty@cfglawoffice.com> Subject: RE: Wave Village Hi Mosh. I have completed a quick review of the Code and have not found anything that would appear to be a problem for pursuing a Port -of -Call project through the DA process. However, I want to verify this with Anthony tomorrow. Thanks. Dave 2 David Dickey Community Development Director d.d ickev@citvofcapeca naveral.org 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. J P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaverai. org Launch your connection... From: Mosh Gal [mailto:mosh@wavevillage.com) Sent: Thursday, August 9, 2018 4:51 PM To: David Dickey<D.Dickey@citvofcapecanaveraiorg> Cc: Kimberly Rezanka <kim@cfglawoffice.com>; Anthony Garganese <agarganese@orfandolaw.net>; Patty Clark <pattvccfflawoffice.com> Subject: Re: Wave Village - PD Zoning David Hope all is well. Just a reminder that I was assured that I will get a answer today regarding the DA. Please advise. Thank You, Mosh Gal Phone (321)783-1848 Fax (321)799-1777 mosh@.wavevillage.com www.wavevillage.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Employees of Wave Developments LLC are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right by email communications. Any such communication is contrary to company policy and outside the scope of the employment of the individual concerned. The 3 company will not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. On Jul 24, 2018, at 1:10 PM, David Dickey <D.Dickey@cityofcapecanaveral.org> wrote: I am available any of the dates/times. David Dickey Community Development Director d.dickey@citvofcapecanaveral.org 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www. cityofcapecanaveraL org Launch your connection... From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Tuesday, July 24, 2018 1:00 PM To: David Dickey <D.Dickey@cityofcapecanaverai.org> Cc:'Mosh Gal' <mosh@wavevillage.com>; Anthony Garganese <agarganese@orlandolaw.net>; Patty Clark <pattv@cfglawoffice.com> Subject: RE: Wave Village - PD Zoning Proposed dates: Aug. 6th - after 2:00 Aug. 7th - anytime Aug. 8th - before noon Aug. 9th - 1:00 to 3:00 Kimberly Bonder Rezanka, Esq. 96 Willard Street, Suite 302 Cocoa, FL 32922 321-639-1320 ext. 123 Fax 321-639-9950 Kim@cfglawoffice.com www.cfglawoffice.com IMPORTANT: This message is intended onlyforthe use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received 4 Kimberly Rezanka From: Kimberly Rezanka Sent: Tuesday, February 19, 2019 9:53 AM To: David Dickey; Anthony A. Garganese Cc: Mosh Gal Subject: RE: Cape Canaveral - Wave Development DA - please schedule before City Council Dave and Anthony, As you may recall, this project was scheduled before the CAB about a year ago when you all suggested we get the DA in place before going to the CAB. Please provide comments to us on the DA, or schedule if for hearing before the City Council — or better, yet — please do both as soon as possible. Thank you, Kimberly Bonder Rezanka, Esq. Cantw 11 Go•IC ran PA 96 Willard Street, Suite 302 Cocoa, FL 32922 321-639-1320 ext. 123 Fax 321-639-9950 IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to Cantwell & Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you. From: David Dickey <D.Dickey@cityofcapecanaveral.org> Sent: Monday, February 4, 2019 3:38 PM To: Kimberly Rezanka <kim@cfglawoffice.com> Subject: RE: Cape Canaveral - Wave Development DA - Vacation Apartment Rental Uses - follow up Hi Kim. Spoke to Anthony about this last Friday. He said this is at the top of his list to complete, He has been extremely busy. Looking for it towards the end of this week. From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Tuesday, January 29, 2019 3:43 PM To: Anthony Garganese <agarganese@orlandolaw.net> Cc: David Dickey <D.Dickev@citvofcapecanaveral.org>; Mosh Gal <mosh@wavevillage.com> Subject: RE: Cape Canaveral - Wave Development DA - Vacation Apartment Rental Uses - follow up 1 Anthony and Dave, Any progress moving this forward? Thank you, Kimberly Bonder Rezanka, Esq. Cantwell Golcman PA 96 Willard Street, Suite 302 Cocoa, FL 32922 321-639-1320 ext. 123 Fax 321-639-9950 From: Kimberly Rezanka Sent: Friday, January 4, 2019 12:54 PM To: 'Anthony A. Garganese' <agarganese@orlandolaw.net> Cc: 'David Dickey' <D.Dickev@citvofcapecanaveral.org>; 'Mosh Gal' <mosh@wavevillage.com> Subject: FW: Cape Canaveral - Wave Development DA - Vacation Apartment Rental Uses Anthony, Please review and comment on the proposed addition to the end of Sec. 5.B. of the Port of Call DA proposed by Wave Development. "Vacation Apartment Rental Uses ("VAR") is defined as "studio, one, two and three bedroom units that are rented or leased for monetary or other consideration for periods for one night or longer to provide lodging to the public, for transients, tourists or persons of short-term residence, in which kitchen and laundry facilities are offered. The VARs will be managed by a property management company." Please let us know if there are other questions or comments regarding the proposed DA. Sincerely, Kimberly Bonder Rezanka, Esq. 321-639-1320 ext. 123 IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to Cantwell & Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you. From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Wednesday, December 19, 2018 11:39 AM To: Kimberly Rezanka <kim@cfglawoffice.com> Subject: Cape Canaveral - Wave 2 Kim, After our meeting yesterday, we will be proposing several changes to the draft DA. During our meeting, an issue came up regarding the Vacation Rental Apartments. As part of the Port of Call project, we assumed that your client will have some kind of a central vacation rental management company managing the apartment units and tourist/guest needs for short and long term rental including taking reservations for the units. However, the draft DA is silent on that issue and we weren't certain. At your earliest convenience, please have your client elaborate on the management plan that will be in place for the vacation rental apartments so the City can proceed with a clear understanding on this issue. Thanks. Anthony GARGANESE I WEISS D'AGRESTA & SALZMAN ATTORNEYS AT LAW Anthony A Garganese I Esquire Board Certified City, County & Local Government Law Garganese, Weiss, D'Agresta, & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Cocoa (866) 425-9566 Website: www.orlandolaw.net Em ail: agarganese@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly. important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 3 Kimberly Rezanka From: Kimberly Rezanka Sent: Friday, March 1, 2019 2:24 PM To: Anthony A. Garganese; David Dickey Cc: Mosh Gal Subject: FW: Cape Canaveral - Wave Development DA - Attachments: Port of Call Development Agreement 11.14.18.pdf Importance: High Dear Anthony and David, We have several concerns with the revised DA. First, the time frames have been changed and are not agreeable to Mosh. Second, the height of 65 feet should be allowable by the DA, but it has been stricken. Third, you have inserted the word "professional" in front of "property management company" — what does that mean? Fourth, you have included a "master sign plan" phase, requiring another approval by the City when it should be approved in this DA. We were unaware the City had a master sign plan ordinance. Overall, we are disappointed that you have refused to recognize that Sec. 102.48 of the City Code allows waives and incentives to be granted in a DA. While we would like to have your responses to our comments, along with an explanation of why all these changes were made, my client has asked that the DA we initially proposed be scheduled for hearing before the City Council as soon as possible. We have not been advised of any advertising fee, but anticipate that the City will charge for such a fee. Please provide an invoice for any fees. We look forward to hearing from you in response to our comments, and to obtaining a date for City Council to review the initially proposed Port of Call DA. Thank you, Kimberly Bonder Rezanka, Esq. Cantwell NW Goldman PA 96 Willard Street, Suite 302 Cocoa., FL 32922 321-639-1320 ext. 123 Fax 321-639-9950 Kim@cfflawoffice.com www.cfglawoffice.com i Law Offices of CANTWELL & GOLDMAN, P.A. Bradly Roger Bettin, Sr. William H. Cantwell, II 1,2 Mitchell S. Goldman Matthew J. Monaghan Kimberly Bonder Rezanka Michael Sjuggerud 3,4 Jay R. Thakkar Board Certified Construction Lawyer and Board Certified Business Litigation Lawyer 2 Also Member of West Virginia Bar Also Member of District of Columbia Bar, New York Bar, and Washington Bar ° Board Certified Real Estate Lawyer www.cfglawoffice.com May 1, 2019 Sent via email: D.Greene@cityofcapecanaveral,org Mr. David L. Greene City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 96 Willard Street, Suite # 302 Cocoa, FL 32922-7947 Telephone: (321) 639-1320 Facsimile: (321) 639-9950 Re: Wave Developments, LLC, 8801 Astronaut Boulevard, Cape Canaveral Development Agreement for Wave Village Dear Mr. Greene: We represent Wave Developments, LLC, the owner of the Property reference above. Enclosed please find Wave Developments, LLC's proposed Port of Call Development Agreement ("DA"). As you are aware, this was submitted to the City in November of 2018. Our Client received a revised version from the City Attorney in late February of 2019. Without any discussions with our Client, the City struck the most important elements of the "negotiated" DA — the signage, the shared parking, shared retention, the height and the phasing timeframes. Additionally, it added a requirement of a "professional property management company" without any definition of that phrase. While most of the changes are merely stylist, the striking of these elements is not acceptable to our Client, However, our Client will accept the revisions to G., without the property management company requirement, below, and has included that in the DA enclosed herein. G. City agrees that the Vacation Apartment Rentals as part of a Port of Call facility is are a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apartment Rental" shall mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units of various size under common ownership. The size of units shall comply with the minimum size requirements in the City Code and be a mix of studio and one, two- or three -bedroom dwelling units. The dwelling units shall be Mr. David L. Greene May 1,2019 page 2 rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide for kitchen uses in each unit. As you know, the project received DRC approval on April 11, 2018. Our client was advised to proceed to the Community Appearance Board, retained experts to assist with that process, incurred professional fees and an application fee, then was told to provide a Development Agreement before appearing at the CAB. Based upon the City's Staffs recommendation, our Client delayed the CAB hearing, previously scheduled in August of 2018. When we met with City Staff in August of 2018, the Staff was agreeable to the items requested in the DA, as they were back in 2015. It appears that there has been a "change of heart" by Staff as to allowable waivers in a DA, and this has cost our Client much time and money. Please calendar this Development Agreement for hearing before the City Council within the next thirty (30) days. While our Client has been told that you do not believe you are required to bring this to the City Council, we respectfully disagree. This form of DA is completely consistent with waivers and approvals granted in other Development Agreements approved by the City Council and our Client does not understand why its development is being treated differently than others in the City. Additionally, our Client has previously provided a $500 check to the City for a previous DA that was never brought to City Council and this should be sufficient for any advertising fees for this public hearing. Thank you for your prompt attention to this matter. Sincerely, Kimberly Bonder Rezanka KBR:plc enclosure cc: Anthony Garganese (via email to: aarganese@orlandolaw.net) Client Return to: Kimberly B. Rezanka, Esq. Cantwell & Goldman, P.A. 96 Willard Street, Ste. 302 Cocoa, FL 32922 PORT OF CALL DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made this day of 2019, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property located a 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, the 5.0 acre Property is currently developed with a retail and restaurant center of approximately 16,800 square feet in area ("Phase I"), a putt -putt golf and arcade center, related infrastructure and amenities, including ample parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the Property in several phases into what will eventually be a "Port of Call" complex featuring commercial, retail, vacation apartment rentals and other uses allowed by City Code; and WHEREAS, Owner intends the Port of Call facility to serve as a regional tourist, and hospitality hub to the visitors and citizens of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District; and WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City's goals of encouraging and creating tourism, and creating attractive, functional and lasting buildings and places; and 1 Development Agreement Wave Developments, LLC WHEREAS, the proposed redevelopment of the Property will add substantial value to the City's ad valorem tax base and enhance, define and protect the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, Visioning Statement and Sec. 102-48, City Code, and appropriate for waivers and incentives as provided by in that Section; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. Section 2. Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. Section 3. The Property, The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference. Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto; upon recording with the Clerk of the Court for Brevard County, Florida ("Effective Date"). Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the terms and conditions of this Agreement and all applicable laws. Phase 1 of the development has been completed, and the Property shall be further developed in three (3) Phases as follows: A. Phase 1— Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B". B. Phase 2 — Additional Retail, Restaurant Uses, Vacation Apartment Rental Uses and another permissible uses under the City Code. Phase 2 shall include the development of the Property as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other equipment rental, other similar retail uses and Vacation Apartment Rentals for short-term and long-term rentals. 2 Development Agreement Wave Developments, LLC i. Plans. No later than two (2) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 2 development of the Property ("Phase 2 Plans"). The Phase 2 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of Phase 2, Vacation Apartment Rental building, shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow one (1) additional multi-user sign, similar in size and area to the existing multi-user sign to be installed along Astronaut Boulevard and one (1) multi-user sign on Central Boulevard for advertisement of the four (4) separate buildings with various uses, in Phase 1, 2, 3 and 4, as generally depicted on rendering attached hereto as Exhibit "D". (e) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 2 exceed 300 square feet. ii. Plans Review. The Phase 2 Plans shall be subject to the applicable site plan and community appearance application and review procedures of Articles VI and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral City Code, as may be amended. iii. Time Frames. Owner shall have 12 months from the date of its initial submittal of the Phase 2 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City's issuance of a certificate of occupancy for the commercial structure and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant extensions of time for Owner to attain plans or complete the development as required by this subsection. Any such written request shall be submitted 3 Development Agreement Wave Developments, LLC prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. Following the expiration of any extensions of time that may be granted by the City Manager, if Owner fails to complete the Phase 2 development, this Agreement shall terminate pursuant to Section 10 herein. C. Phase 3 — Additional Retail, Restaurant Uses Vacation Apartment Rental Uses and another permissible uses under the City Code: Phase 3 shall include development of a new structure or with uses similar to Phase 2 Property, and may be permitted and constructed along with Phase 4. i. Plans. No later than five (5) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 3 development of the Property ("Phase 3 Plans"). The Phase 3 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "E". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of Phase 3, Vacation Apartment Rental building shall be permitted to be 65 feet, (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 3 exceed 300 square feet. ii. Plans Review. The Phase 3 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral Code, as may be amended. iii. Time Frames. Owner shall have twelve months from the date of its initial submittal of the Phase 3 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of 4 Development Agreement Wave Developments, LLC occupancy for the building, conference center and any other associated structure, and upon all necessary site work being completed consistent with the approved Phase 3 Plans, At the request of Owner, the City Manager may grant extensions of time for Owner to attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same, D. Phase 4 — Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new structure or with Vacation Apartment Uses and Parking Garage, and may be permitted and constructed along with Phase 3. i. Plans. No later than seven (7) years following the Effective Date, Owner shall submit a site plan and architectural renderings, accompanied by the requisite fees, to the City's Community and Economic Development Department for the Phase 4 development of the Property ("Phase 4 Plans"). The Phase 4 Plans shall be prepared in compliance with the requirements of sections 110-222 and 22-44 of the Cape Canaveral City Code, as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "G". (a) The City, through the DRC, has approved shared parking for Phase 1, 2, 3 and 4, pursuant, to the Wave Village Parking Analysis, attached as Exhibit "F". (b) The height of the Phase 4 shall be permitted to be 65 feet. (c) The structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared retention facilities and structures. (d) The City will allow wall signs for each retail or commercial tenant and for each use of the buildings in the new Phases 2, 3 and 4, as it has allowed for Phase 1. The area of the wall sign for each retail or commercial tenant and for each use of the buildings will be computed on the basis of one square foot of sign area for each lineal foot of building frontage, retail or commercial tenant frontage or use frontage. In no event shall the wall signage for Phase 4 exceed 160 square feet. ii. Plans Review. The Phase 4 Plans shall be subject to the site plan and community appearance application and review procedures of Articles IV and X of Chapter 110 and Article III of Chapter 22, respectively, of the Cape Canaveral Code, as may be amended. iii. Time Frames. Owner shall have twelve months from the date of its initial submittal of the Phase 4 Plans to attain the final approval of same, and shall have 24 months from said final approval to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City's issuance of a certificate of 5 Development Agreement Wave Developments, LLC occupancy for the building, conference center and any other associated structure, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant extensions of time for Owner to attain plans approval or complete the development as required by this subsection. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. E. Applications for the development approvals required by this Section shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within ten (10) business days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staffs written notification to Owner. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and shall at all times maintain a valid and active permit pursuant to applicable law. F. Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City. G. City agrees that the Vacation Apartment Rentals as part of a Port of Call facility is are a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apartment Rental" shall mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units of various size under common ownership. The size of units shall comply with the minimum size requirements in the City Code and be a mix of studio and one, two or three bedroom dwelling units. The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide for kitchen uses in each unit. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official, Planning and Zoning Director, and Community and Economic Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly 6 Development Agreement Wave Developments, LLC executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. • Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: Copy to: If to Owner: Copy to: David L. Greene, City Manager City of Cape Canaveral 201 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1320 Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (321) 425-9566 Wave Developments, LLC Attn: Oshri Gal 280 West Central Boulevard Cape Canaveral, Florida 32920 Kimberly B. Rezanka, Esq, 96 Willard Street, Ste. 302 Cocoa, FL 32922 Section 10. Termination. This Agreement shall terminate under the following conditions: A. The City shall have the unconditional right, but not obligation, to terminate this Agreement if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. 7 Development Agreement Wave Developments, LLC B. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. C. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phase 2, Phase 3 and Phase 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15, Recordation. No later than 14 days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the city's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more 8 Development Agreement Wave Developments, LLC than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). Section 18. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective'Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any termand condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 9 Development Agreement Wave Developments, LLC Section 26. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, A Florida municipal corporation. By: David L. Greene, City Manager APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida, only (CITY SEAL) Date: By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2019, by David L. Greene and Mia Goforth, well known to me to be the City Manager and Assistant City Manager/City Clerk respectively, of the City of Cape Canaveral and acknowledgedbefore me 10 Development Agreement Wave Developments, LLC that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Signed, sealed and delivered in the presence of the following witnesses: Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires; OWNER: Wave Developments, LLC, a Florida limited liability company, By: Signature of Witness Oshri Gal, Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2019, by Oshri Gal, as Manager of Wave Developments, LLC acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: 11 Development Agreement Wave Developments, LLC 12 Legal Description A parcel of land situate in Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the West right-of-way line of State Road A1A, a 100.00 foot right-of-way; thence S 37° 22' 24" E., along said West right-of-way line, for a distance of 1255.12 feet to the Point of Beginning; thence continue S 37° 22' 24" E. for a distance of 452.06 feet to a point of curvature of a curve, concave Westerly, having a radius of 25.00 feet; thence Southeasterly and Southwesterly, along the arc of said curve and the Northerly right-of- way line of Central Boulevard, undedicated, having a width of 100. 00 feet, thru a central angle of 100° 00' I2", for a distance of 43.63 feet; thence continue along said Central Boulevard right-of-way, S. 62° 37' 48" W. for a distance of 336.52 feet to a point of curvature of a curve, concave Northerly, having a radius of 561.05 feet; thence South-westerly, along the arc of said curve, thru a central angle of 14° 57' 08", for a distance of 146,42 feet; thence N. 37° 22' 24" W. for a distance of 374.37 feet; thence N. 52° 37' 36" E. for a distance of 500.00 feet to the Point of Beginning. EXHIBIT "A" PAVING, GRADING, AND DRAINAGE AS -BUILT FOR BEACH WAVE • . I,Dap»F9 m ODD SuYel. sea FLO NOTES I ALL OOnIOK 91piry ✓DATw Mr vom a Tt 10ia UL,O,4al D+90 80. • C 94PNVlr um. 0 $ DO .= 9o08 844 W CC flVO m InR TIC I41V OP • O0 1 V M DCKI9W 90 WolYtiot ps nOD .4.1.02 W Val.. VIM A1pfDIAp( I0.1vuTII A 844 (WPM 90Au MAlol ♦R OVGbArco 1W PCro8P! 1 1 / 1 1 1 11 • —71 —77 •4 CRAPLLIC SCALE EXISTING REQUIRED PARKING PROPOSED REQUIRED PARKING n .m.m.N...IAo..•.a. CB r. . •Av.va,.... rA ov:'Am® . Im.. re ems PouwA+*.,n.iu.m vcrT REQUIRED PARKING.TOTAL • • Ln.-cn,.,a.a.ms.m rma.•pA apEanp mi..QAC.s PROVIDED PARKING TOTAL • .smamq. pPti<L'a2, •»m.CP• TOM s>ACFSW o WEaIp$FACE6 PI.CPCI DNAv Poo. T.ECn Mm2rt WPM. K•A•nav PRELIMINARY EXHIBIT "C" CPPPILPL ...ncE.aa...c.nw.. .: tla.,. .M ..w.n • Vitlagel C-1 PHASE 2 CONCEPT PLAN Proposed Multi User Signsi. • "'.X ....tip T.. Pk"mr $ AFi.'gip. Multi User Sign A Multi User Sign B EXHIBIT "D" PRELIMINARY V►ttdge .1 _ • 1 • — Is !i c4wrii..11 Boozer., ARD • I ag GRAPHIC SCAIR EXISTING REQUIRED PARKING :.u4:.+Ar. runs.. aS,L a.,.n.,113.,.o. ,. : tea nA..cansCARm 4.e9 W» .+.n••aaq. 1.044 . PROPOSED REQUIRED PARKING +,ar..an..0 awn,o.ww. REQUIRED PARKING TOTAL ,m..c. n.,o.s p.,s...mt9.9 a.c.. m1LLwaCnMOM.; NSMn PROVIDED PARKING TOTAL • wynpq.,a W mu .Y•,w[Aa rora WACfSPPq (Drnsvuca te a ,.' '.. . m...1 ., PRELIMINARY EXHIBIT "E" ..,K..,od.a„ ..n.ans Village WAVE VILLAGE CAPE CANAVERAL, FL PHASE 3 CONCEPT PI -AN w C-2 '> Engineering & Planning Via email: moshCa wavevillage.com Ref: 4596.01 TECHNICAL MEMORANDUM To: Mosh Gal From: Matthew West, AICP Subject: Wave Village Parking Analysis, City of Cape Canaveral, FL Date: May 11 th, 2018 INTRODUCTION LTG, Inc. (LTG) has been retained by Wave Developments, LLC. (the CLIENT), to perform a shared parking analysis associated with a multi -tenant residential, retail, and restaurant development known as Wave Village (the PROJECT) located at the intersection of SR A1A (Astronaut Boulevard) and W. Central Boulevard In the City of Cape Canaveral. The existing/proposed development is composed of four phases described in Table 1. The site when bullt-out will provide 264 paved parking spaces. The methodology and procedures used in this analysis are consistent with the guidelines of the City of Cape Canaveral. ANALYSIS The existing and proposed uses for each of the four phases are shown in Table 1. LTG consulted the Cape Canaveral Land Development Regulations for off-street parking requirements and the Urban Land institute's (ULI) Shared Parking, Second Edition, software to determine shared parking requirements. For the purposes of providing a conservative analysis, the storage and gym space shown on the Clients conceptual plan are calculated as additional retail space. Additionally, there is a proposed pool bar which is treated as an accessory use to tenants of the residential development. Therefore, the pool bar does not generate additional parking demand. This analysis assumes that the residential development is a short-term vacation rental product, and as such, the City will permit required parking to be calculated as if the units were hotel rooms. This Is exhibited In Tables 2 and 3. rt-2 Engineering A, , (. & Planning EXHIBIT "F" Mosh Gal May 11'h,2018 Page 2 Table 1 Existing and Proposed Uses Wave Village Phase Use Size Unit Existing Retail 10,000 Square Feet 1 Restaurant 4,600• Square Feet Storage 2,200 Square Feet Proposed Residential 32 Units(rooms) 2 Retail 5,400 Square Feet Restaurant 2,700 Square Feet Restaurant 2,000 Square Feet Residential 32 Units 3 Retail 8,950 Square Feet 4 Residential 40 Units `1,800 SF of existing Arcade being converted to proposed Restaurant Table 2 shows the total unadjusted parking requirements for Table 1 uses based on the City of Cape Canaveral Code. Table 2 City of Cape Canaveral Unadjusted Parking Requirements Wave Village Use Size Units Ratio Parking Required Commercial/Retail/Non-restaurant 24,350 Square 1 space per 300 SF 81 spaces Feet Storage 2,200 Square 1 space per 300 SF 7 spaces Feet Restaurant 9,300 Square 1 space per 100 SF 93 spaces Feet Residential 104 Units 1.083 spaces per unit 113 spaces Total: 294 spaces A LTG Engineering & Planning Mosh Gal May 11'h, 2018 Page 3 Based on the findings shown In Table 2, the City of Cape Canaveral's Code requires a minimum of 294 off- street parking spaces when considering the proposed uses individually without adjustment. Since there is not a storage use in the City of Cape Canaveral's Zoning code, the proposed storage space in Phase 1 was calculated as retail space in Table 2. Using the parking requirements from Table 2, LTG utilized the ULI Shared Parking Model to estimate the minimum number of parking spaces required to support the development program in the peak demand month, which the model calculates as Late December. The Client has confirmed that the residential units are to be calculated as hotel rooms. In the model, Community Shopping Center was used for retail, gym, and storage, Family Restaurant was used for restaurant, and Hotel -Leisure was used for residential. The results of the model are shown in Table 3. LTG Engineering & Planning • Mosh Gal May 1 P^,2018 Page 4 Table 3 Shared Parking Demand Summary Peak Month;Late December--Peak Period:12 PM,Weekend SHARED PARKING DEMAND SUMMARY PEAK MONTH: LATE DECEMBER - PEAK PERIOD; 12 PM,WEEKEND Peak Hr Peak Mo Estimated Peak Hr Project Data Base Adj AdJ Parking AdJ Land Use Quantity Unit Rate Unit 12 PM Late December Demand 12 PM Community Shopping Center(<400 ksf) 26,550 sf GLA 2.68 /ksf GLA 0.90 0.80 51 0.80 Employee 0.65 /ksf GLA 1.00 0.90 15 1.00 Family Restaurant 9,300 sf GLA 8.57 /ksf GLA 1.00 0.95 76 1.00 Employee 1 43 /Ksf GLA 1.00 1.00 13 1.00 Hotel-Leisure 104 rooms 0.90 /rooms 0.65 1.00 61 0.65 Restaurant/Lounge sf GLA 10.00 /ksf GLA 1.00 0.95 0 1.00 Conference CtrBanquet(20 to 50 sq ft/gue sf GLA 30.00 /ksf GLA 0.65 1.00 0 0.65 Convention Space(>50 sq ft/guest room) sf GLA 20.00 /ksf GLA 1.00 0.00 0 1.00 Employee 0.00 /rooms 1.00 1.00 0 1.00 Customer 188 Employee 28 Reserved 0 • Total 216 Shared Parking Reduction:25% Total Base Rate per Cape.Canaveral Lend Development Regulations and Customer vs.Employee demand per Urban Land Institute Shared Parking Manual,Second Edition ^!Its(GLA.Per 1,000 square feet of gross leasable area A14,Ti 7f e Plnniring Signature: Mosh Gal May 1101, 2018 Page 5 Table 3 shows the associated shared parking demand, which the model has as 25% weekend parking reduction attributed to shared parking. This shared parking is from the various uses which require unique parking demands by hour of the day. The time and month of late December has the highest peak parking demand and was shown here for a conservative parking estimate. The ULI model estimates a peak parking demand of 216 at 12:00 p.m. on a weekend In late December. CONCLUSION As noted above and based on the ULI shared parking formulas used in the model calculations, the shared parking provisions result in a 25% reduction of weekend parking demand. The weekend parking demand calculated is 216. Given that 264 parking spaces will be provided by the Client's development, the supply will meet the demand. A future option considered by the Client is an offsite cruise line parking lot, which may provide additional parking for Wave Village provided a valet service. I affirm, by affixing my signature below, that the findings contained herein are, to my knowledge, accurate and truthful and were developed using current procedures standard to the practice of professional planning. Name: Matthew West AICP / ' r / 4. rxs /r- Date: May 11 m 2018 LT Engineering & Planning .• ! iA GRAPIRC SCALE EXISTING REQUIRED PARKING Ma IOW I,. loroci s ... asoaa ..wa..eaw.mas n ae a.x Wn®BRA VOwn aMO.Ora aa • •y0•.R/fAiga Va[V.carawdal eVPa Ma ty.m ..Te40cw a...nT PROPOSED REQUIRED PARKING se• • acsnaa.o.mmvw.sso.owe+ua REQUIRED PARKING TOTAL TOTAL WOO. R EOUO. O. asavYA PROVIDED PARKING TOTAL •a..rm,,,,.o• OPR.o 1...a..nz TOTAL IYAOO VROVIO@fN 1•A UES • PRELIMINARY 01a. p EXHIBIT "G" WAVE VILLAGE C-3