HomeMy WebLinkAboutChapter 668: Floodplains ProtectionHistory File Chapter 668 FILE COPY 700373
BRILEY WILD
AND ASSOCIATES
CC 90049-9CE
August 21, 1990
Mr. Lamar Russell
Chairman, Planning Board
City of Cape Canaveral
D Lamar.Dear
I have reviewed the proposed Floodplain Ordinance #25-90 which is presently under
consideration by the Planning Board. Based upon this I would like to make the following
observations:
1) Looking at existing development and zoning in relation to the 100-yr. floodplain as
shown on the FIRM map:
-The floodplain along the ocean coast is located entirely within an R-3 zone (which
classification currently permits a maximum density of 15 units/net acre). In fact, the
floodplain there basically covers all of the land east of Ridgewood Ave.
- Most of the floodplain along the Banana River is also located within R-3 zones;
however, some of it falls within the following zones: R-1 (maximum density of 5
units/net acre); C-1 (maximum lot coverage of 50% and a maximum of 8.712
lots/acre); M-1 (maximum lot coverage of 50% and a maximum of 4.356 lots/acre).
The degree to which the aforementioned zones fall within the floodplain varies
considerably: the only portion of the C-1 zone clearly within the floodplain is that
lying in the extreme northwest corner, which is not developed at the present time;
the sole M-1 zone is developed; the R-1 zone along Longpoint Rd. is fully built-out
and none of that development is within the floodplain; the R-3 areas are mostly built
out with the exception of the area north of the treatment plant and west of AlA. but
the floodplain extends landward from the shoreline mostly between 30 and 60 feet,
where there are no residential dwellings and none are likely to be built.
2) Limiting residential uses in the floodplain to 2 units per acre would be more restrictive
than the existing residential zoning densities. While this would not affect existing
residential development, it would restrict future residential development,particularly along
the Atlantic coast, where there are significant "pockets" of undeveloped land in the R-3
zone. The limitation of future residential development along the Banana River would be
negligible, because the floodplain encroaches only minimally on most of the area zoned
residential, and it appears that dwellings are not likely to be built in the floodplain.
3) If the City believes that future residential development in the floodplain should not be
restricted by the zoning ordinance to a degree greater than the densities specified in the
Briley,Wild and Associates, Inc.
Consulting Engineers and Planners
1040 North U S Highway One
P.O. Box 607
Ormond Beach, FL 32175
904/672-5660•FAX 904/673-8264
Offices in Bradenton, Clearwater,
Daytona Beach,Orlando&Ormond Beach,FL
existing zoning regulations, the paragraphs restricting development to a maximum of two
units per acre should be deleted from the ordinance (i.e. delete the following paragraphs:
"A" under Sec. 668.07 on pg. 3; "C" under Sec. 668.09 on pg.4).
4)Limiting commercial and industrial land uses in the floodplain to a maximum footprint of
15,000 sq.ft./acre would have a minimal impact simply because of the small amount of
undeveloped commercial- and industrial-zoned land in the floodplain---there is no such land
along the Atlantic cost; the C-1 land along the Banana River is negligible except for a small
sliver in the extreme northwest corner of the City; the only M-1 zone is along the Banana
River, but for all practical purposes, it contains no undeveloped land. Therefore, an
argument could be made that parag. B of Section 668.07 on pg. 3, which provides for the
15,000 sq.ft. footprint, could be deleted on the grounds that its existence makes no
practical difference one way or the other. The counter-argument to this point of view is that
even though such a provision makes no difference now, it could in the future under a post-
disaster redevelopment scenario (rebuilding after property is destroyed).
5) in the event that the density restrictions in the proposed ordinance are deleted,parag. C
on pg.4 which deals with density transfers should also be deleted, because in that event it is
meaningless
6) Even without the density restrictions, this floodplain ordinance makes a positive
contribution because it contains beneficial provisions not otherwise provided for in the
City's Land Development Regulations:
---It requires that floodplain development not cause a net loss in the flood storage capacity
of the floodplain (parag. D, pg. 3).
---It requires that floodplain development not have an adverse impact on adjoining
properties (parag. B, pg. 3).
---The prohibitions under Sec. 668.09 (pg.4): no new structures in floodplain if they will
restrict the flow of 100-yr. floodwaters (parag. A); no expansion of commercial/industrial
uses in floodplain of more than 25% of existing size; no dumping of solid waste in
floodplain; no processing, storing or disposing of hazardous materials in floodplain.
---It requires that development within the floodplain not have adverse impacts on the quality
of the water in any receiving surface water body.
If I can be of further assistance with this matter,please let me know.
Very truly yours,
BRILEY, WILD & ASSOCIATES, INC.
CONSULTING ENGINEERS AND PLANNERS
John C. Schoch, AICP
Consulting Planner
JCS/js
Codified Sept. 91
ORDINANCE NO. 25-90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
ESTABLISHING CHAPTER 668, FLOODPLAIN
PROTECTION, OF THE CODE OF ORDI-
NANCES; PROVIDING FOR SEVERABILITY;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City of Cape Canaveral , Brevard
County, Florida as follows :
SECTION 1 . Chapter 668, Floodplain Protection, of the Code
of Ordinances is hereby established as follows :
CHAPTER 668
FLOODPLAIN PROTECTION
Sec. 668.01 Statement of Purpose and Intent . It is
the purpose and intent of this Chapter to protect and
restore, where feasible, the natural functions of flood-
plains within the City of Cape Canaveral . It is also
the intent of this Chapter to apply the following
standards for development within all areas covered by
the one hundred-year floodplain.
Sec. 668.03 Definitions . For the purposes of this
Chapter, the following terms pertain and are defined as
follows:
Agricultural Pursuits : Activities related to culti-
vating the soil and producing crops .
Best Management Practices : Those practices as
developed and recommended by the U.S . Department of
Agriculture, Florida Department of Agriculture, or
other appropriate agencies .
Development means the carrying out of any building
or mining activity, the making of any material change
in the use or appearance of any structure or land, or
the dividing or land into two or more parcels .
A. The following activities shall be construed to
involve development : reconstruction, alteration of the
size, or material change in the external appearance of
a structure; change in land-use intensity, such as an
increase in the number of units in a structure or on
the land; alteration of a shore or bank of a seacoast,
river, stream, lake, pond, or canal ; alteration of the
land or vegetation in a floodplain or flood prone area;
drilling, except to obtain soil samples, mining, or
excavation on land; demolition of a structure; clearing
of land; deposit of refuse, solid or liquid waste, of
fill on land.
B . The following activities shall not, be construed
to mean "development" : work by a highway or road agency
for the maintenance or improvement of a road, if the
Ordinance No. 25-90
Page 1 of 4
work is carried out on land within the boundaries of
the right-of-way; work by any utility or other entity
engaged in the distribution or transmission of gas or
water, for the purposes of inspecting, repairing, renew-
ing, or constructing on established rights-of-way and
sewers , mains, pipes , cables, utility tunnels, power-
lines, towers, poles, or the like; maintenance,
renewal, improvement , or alteration of a structure if
the work affects only the interior, the color, or the
exterior decoration; the use of any residential
structure or land for any purpose customarily inciden-
tal to enjoyment of the dwelling unit ; the use of any
land for the purpose of growing plants , crops, trees,
and other agricultural or forestry products; change in
use of land or structure from one use within a specific
class to another use within the same class as defined
in the Zoning Ordinance; a change in ownership or form
thereof for a structure or parcel; the creation or term-
ination of land rights .
C. "Development" includes all other development
customarily associated with it unless otherwise
specified. When appropriate to the context , develop-
ment refers to the act of developing or to the result
of development . Reference to particular activities is
not intended to limit the generality of the term
development .
Firm Maps : Flood Insurance Rate Maps published by
the Federal Emergency Management Agency (FEMA) .
Floodplain: A flood prone area which may or may not
have a hydrological connection to the Banana River
Lagoon System. For purposes of this Chapter, a flood-
plain means any area within the 100-year floodplain as
defined below:
Isolated Floodplain: Any floodplain area which
does not have a direct connection to open water .
One Hundred-Year Floodplain: The floodplain
that is at or below the 100-year flood elevation.
The 100-year floodplain has given a statistical
probability of one in 100 of being flooded in
any given year according to the best available
data.
Hazardous Materials : Any material defined, listed,
characterized or classified as a hazardous substance,
hazardous waste, or toxic substance according to any of
the following State or federal codes or regulations :
A. Chapter 38F-41 of the Florida Administrative
Code ( the Florida Substance List) .
B. Title 40 of the Code of Federal Regulations,
Part 261 ( Identification and Listing of Hazardous
Wastes) .
C. Title 40 of the Code of Federal Regulations,
Part 302 .4 (Designation of Hazardous Substances ) .
D. Title 40 of the Code of Federal Regulations,
Part 355, Appendix A and B (List of Extremely Hazardous
Substances) .
A hazardous material, as defined herein, includes any
solution, mixture, or formulation containing such
Ordinance No. 25-90
Page 2 of 4
materials, and also includes any material which, due to
its chemical or physical characteristics, is determined
by the City Manager to pose a substantial threat to the
life, health, or safety of persons or property or to
the environment .
Forestry: The art of application and practice of
controlling the establishment , composition, and growth
of forests through sound management techniques , based
upon the owner ' s objectives .
Solid Wastes means sludge from a waste treatment
works, water supply treatment plant, or air pollution
control facility; ' or garbage, rubbish, refuse, or
other discarded material, including solid, liquid, semi-
solid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural,
or governmental operations .
Sec . 668. 05 General Provisions . All site plans,
subdivision plats, and other development proposals
shall be reviewed by the City Building Official or his
designee to determine their impact upon floodplains.
The following regulations shall apply to development in
designated floodplains :
A. Uses usually permitted in floodplain areas :
1 . Agricultural pursuits, including forestry
operations, utilizing Best Management Practices, and
agricultural structures which will not restrict the
flow of flood waters above the 100-year floodplain
elevation; and
2 . Recreation consistent with the requirements
of the floodplain; and
3 . Fish and wildlife management; and
4. Open space .
B. Development within floodplains shall not have
adverse impacts upon adjoining properties .
C. All development within floodplains shall be
required to obtain a building permit unless it consists
solely of activities which are excluded from the
meaning of the term "development" as defined above .
D. Development requiring a building permit shall
not cause a net loss in the flood storage capacity of
the floodplain.
F . Floodplain elevations shall be determined
utilizing the best available data, which includes FIRM
maps and the Flood Insurance Studies for Brevard
County, Florida and Unincorporated Areas, April 3,
1989, prepared by FEMA.
Sec. 668.07 Development Regulations .
A. Density in all zones used in the floodplain
shall be consistant with the Zoning Regulations of Cape
Canaveral, Florida .
B . Development within 100 to 25-year floodplain
shall not negatively impact other property or the
receiving surface water body quality.
Ordinance No. 25-90
Page 3 of 4
Sec. 668 . 09 Prohibited Uses .
A. New dikes, levees or other structures shall not
be permitted within the 100-year floodplain unless it
can be demonstrated that they will not restrict the
flow of 100-year floodwaters . The only exceptions to
this provision are structures shown to have overriding
public benefit . Replacement or repair of non-breached
dikes are permitted as long as such replacement or
repair does not change the status of the floodplain and
maintains the existing ability to utilize the property.
B . Within the 100-year floodplain, any proposed
expansion of commercial or industrial structures or
uses, including parking areas, shall be consistent with
existing ordinances of Cape Canaveral, FLorida.
C. The following specific uses are incompatible
with the floodplain and shall not be permitted:
1 . Placing, depositing, or dumping of solid
wastes, including sludge, septage, scallop shells
and viscera .
2 . Processing storing or disposal of hazardous
materials .
SECTION 2 . SEVERABILITY: If any section, paragraph, subdi-
vision, clause, sentence, or provision of this Ordinance shall be
adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the
remainder of this Ordinance, but the effect thereof shall be con-
fined to the section, paragraph, subdivision, clause, sentence,
or provision involved in said controversy in which such judgment
shall be rendered.
SECTION 3 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 8th day of November , 1990.
[signature]
Mayor
Attest :
NAME YES NO
[City Clerk's signature] ARABIAN Absent
City Clerk PORTER YES
RANDELS YES
Approved to Form: SALAMONE YES
[City Attorney's signature] THURM Absent
City Attorney
First Reading: 10-16-90
Posted: 10-17-90
Advertised: 10-26-90
Second Reading: 11-08-90
Ordinance No. 25-90
Page 4 of 4
Scott Spooner FROM CITY OF CAPE CANAVERAL
TO Briley, Wild & Associates 105 FOLK AVENUE • P.O. BOX 326
CAPE CANAVERAL; FL 32920
(407) 783-1100
SUBJECT DATE
FLOODPLAINS PROTECTION REGULATIONS 11-9-90
MESSAGE
Attached please find copy of Ordinance No. 25-90 which
was adopted by the City Council on 11-8-90 and establishes Floodplain
Protection Regulations. The Ordinance is effective immediately.
[signature]
SIGNED Jan Leeser, City Clerk
DETACH AND RETAIN THIS COPY
Building Official FROM CITY OF CAPE CANAVERAL
TO 105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FL 32923
(407) 783-1100
SUBJECT DATE
FLOODPLAINS PROTECTION 11-9-90
MESSAGE
Attached please find copy of Ordinance No. 25-90 which
establishes Floodplain Protection Regulations. This Ordinance was
adopted by the City Council last night and is effective immediately.
[signature] Xa'
SIGNED Jan Leeser, City Clerk
DETACH AND RETAIN THIS COPY