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Home My WebLink Aboutcocc_council_mtg_packet_20241217_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA December 17, 2024 6:00 P.M. Please email public comments before noon to: cityclerk@capecanaveral.gov For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS 1 6:00 p.m. - 6:10 p.m. Presentation of Proclamation, declaring January 14, 2025 as "114t" Day" in the City of Cape Canaveral, recognizing the service of the 114th Electromagnetic Warfare Squadron and the community stewardship of its members' to the City of Cape Canaveral. 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. CONSENT AGENDA 1 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for the Open Portion of the November 19, 2024 Special Meeting. 2. Approve Minutes for the November 19, 2024 Regular Meeting. 3. Approve Minutes for the December 3, 2024 Special Meeting. 4. Resolution No. 2024-19; adopting an amended and restated schedule of rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve a modification to terms and conditions of IT services. PUBLIC HEARING 1 6:30 p.m. — 6:40 p.m. 6. Ordinance No. 01-2025; amending the City of Cape Canaveral Comprehensive Plan Coastal Management and Future Land Use Elements to address Perils of Flood in accordance with the requirements of 163.3178(2)(F), Florida statutes and other applicable law; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the plan amendments, first reading. City of Cape Canaveral, Florida City Council Regular Meeting • December 17, 2024 Agenda • Page 2 of 2 ITEM FOR ACTION 1 6:40 p.m. — 6:45 p.m. 7. Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities. UNFINISHED BUSINESS 1 6:45 p.m. — 7:00 p.m. 8. Discuss and provide direction on the possible implementation of an Emergency Action Policy for using City -owned equipment on private property. (Item paused and directed to be brought back to the December 17, 2024 Meeting per Council Consensus.] ITEMS FOR DISCUSSION 1 7:00 p.m. — 7:20 p.m. 9. Regulation of Dogs on the Beach, Off -Leash Areas, and Penalties for Non -Compliance. (Submitted by Council Member Willis) 10. Update to the January 24, 2024 Special Council Meeting. REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 11. Monthly Financial Report — October 2024. 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 [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation, declaring January 14, 2025 as "114th Day" in the City of Cape Canaveral, recognizing the service of the 114th Electromagnetic Warfare Squadron and the community stewardship of its members' to the City of Cape Canaveral. Department: Parks, Recreation + Community Affairs Summary: The Air National Guard, founded on September 18, 1947 was established as a reserve component of the United States Air Force (USAF) and provides almost half of the tactical airlift support, combat communication functions, aeromedical evacuations and aerial fueling for the USAF. Originally conceived as the 114th Communications Squadron, a geographically separated Unit of the Florida Air National Guard's 125th Fighter Wing, this Unit has been located at the Cape Canaveral Space Force Station, Florida since it was Federally recognized on May 15, 1989. On January 14, 2023, this Unit was redesignated as the 114t" Electromagnetic Warfare Squadron (EWS). The 114th EWS Unit received many commendations, during times of both war and peace, and has been recognized as providing a necessary and reliable service to the United States of America and the State of Florida. Many of the members from this unit and their families reside in the City of Cape Canaveral, participating in many of our City sponsored events and programs. To celebrate and honor the second year of this Proclamation, Staff is working with the 114th EWS to coordinate a community service project at one of the City facilities. Lt. Col. Anthony Surman, Commander of the United States Air Force's 114th Space Control Squadron, is scheduled to be in attendance to will receive this Proclamation. Submitting Director: Molly Thomas Attachment: Electromagnetic Warfare Squadron 114th Day Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation. Approved by City Manager: Todd Morley [City Seal] Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the Air National Guard, founded on September 18, 1947 and was established as a reserve component of the United States Air Force and provides almost half of the Air Force's tactical airlift support, combat communication functions, aeromedical evacuations and aerial fueling; and WHEREAS, the United States Air Force's 114th Space Control Squadron, a geographically separated unit of the Florida Air National Guard's 125th Fighter Wing located at Cape Canaveral Space Force Station, Florida, was redesignated as the 114th Electromagnetic Warfare Squadron on January 14, 2023; and WHEREAS, the 114th unit has received many commendations during times of both war and peace and has been recognized as providing a necessary and reliable service to the United States of America and the State of Florida; and WHEREAS, the 114th Electromagnetic Warfare Squadron personnel have made their homes in our City and surrounding area and participate in many of our City sponsored events and activities, such as Friday Fest. WHEREAS, the 114th Electromagnetic Warfare Squadron hosted the City of Cape Canaveral Mayor, seated members of City Council, several City employees as well as representatives of the local veteran's groups, Veterans of Foreign Wars and the American Legion) to their base of operation. During the visit, the unit provided an overview of their work and how it relates to the safety and well-being of all Americans as well as the residents of our City, County and State. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, hereby do proclaim January 14, 2025, as ELECTROMAGNETIC WARFARE SQUADRON 114th DAY Signed and Sealed this _ Day of _, _ _ Mayor ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING CLOSED SESSION - CYBERSECURITY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday November 19, 2024 3:30 p.m. MINUTES OPEN TO THE PUBLIC CALL TO ORDER: The Chair called the Meeting to Order at 3:30 p.m. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Kay Jackson Mickie Kellum Wes Morrison Don Willis Council Member Absent: Council Member Kim Davis Others Present: City Manager City Attorney City Clerk/Assistant to the City Manager Administrative/Financial Services (AFS) Director AFS IT Manager AFS IT Support Specialist Brevard County Sheriff's Officer Lieutenant Ryan Reporting Court Reporter Todd Morley Anthony Garganese Mia Goforth John DeLeo Michael Schaffer Duncan Grant Scott Molyneaux Ann -Marie Testa PUBLIC ANNOUNCEMENT: Mayor Morrison read the following into the record: The session commenced at an open meeting. The public was advised that the City Council desired to conduct a meeting, which is not open to the public, for purposes of discussing cybersecurity information that is deemed confidential and exempt from public disclosure pursuant to Section 119.0725, Florida Statutes; that the cybersecurity portion of this meeting would be closed to the public as required by law, and recorded and transcribed; that the recording and transcript would be confidential and exempt from public records disclosure; and at the conclusion of the closed cybersecurity session, the meeting shall be reopened, and the Mayor or person chairing the meeting shall announce the adjournment of the meeting. City Manager requested Closed Session attendees to turn off their cell phones for security purposes. Discussion ensued. City Attorney Garganese advised everyone may bring their electronic devices into the Closed Session, and there should be no recordings. The meeting was being recorded and transcribed by a court reporter. City Clerk Goforth confirmed there will be no other audio or visual recording of the Meeting, closed or open. City of Cape Canaveral, Florida DRAFT City Council Special Meeting Closed Cybersecurity Session November 19, 2024 Minutes - Page 2 of 2 Mayor Morrison recessed the open portion of the Meeting to the confidential closed Session at 3:37 p.m. II. CYBERSECURITY SESSION (CLOSED TO THE PUBLIC) Pursuant to Section 119.0725(2), Florida Statutes, the City Council commenced the closed session and may have discussed with the City Manager, City Staff, City Attorney, and any applicable IT consultants any of the following confidential and exempt information: (a) Coverage limits and deductible or self-insurance amounts of insurance or other risk mitigation coverages acquired for the protection of information technology systems, operational technology systems, or data of an agency. (b) Information relating to critical infrastructure. (c) Cybersecurity incident information reported pursuant to s. 282.318 or s. 282.3185. (d) Network schematics, hardware and software configurations, or encryption information or information that identifies detection, investigation, or response practices for suspected or confirmed cybersecurity incidents, including suspected or confirmed breaches, if the disclosure of such information would facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of: 1. Data or information, whether physical or virtual; or 2. Information technology resources, which include an agency's existing or proposed information technology systems. III. Adjournment (Open to Public): The Meeting was reconvened and subsequently adjourned at 5:44 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk/ Assistant to the City Manager ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday November 19, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk/Assistant to the City Manager Administrative/Financial Services (AFS) Director AFS IT Manager Capital Projects Director Community & Economic Development (C+ED) Director C+ED Deputy Director/Code Enforcement Manager C+ED Building Official C+ED Chief Resilience Manager Parks, Recreation + Community Affairs (PRCA) Director Public Works Services (PWS) Director Brevard County Sheriff's Officer Lieutenant Brevard County Sheriff's Deputy Todd Morley Anthony Garganese Mia Goforth John DeLeo Michael Schaffer Tim Carlisle Brianna Soat Brian Palmer Robert Doobovsky Zachary Eichholz Molly Thomas June Clark Scott Molyneaux Cheyne Dalton MAYORAL OATH OF OFFICE: Reverend Royce M. Morrison, Jr. administered the Oath of Office to Wes Morrison. Mayor Morrison then recessed the meeting to take photographs at 6:04 p.m. The meeting was reconvened at 6:14 p.m. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued. Council reached consensus to remove Agenda Item 4 off of the Agenda, to move Agenda Item 13 between Items 6 and 7, and to place an Add -On Agenda Item — Discussion to schedule a City Council Special Meeting regarding Wave Village Development Agreement — after Agenda Item 13. A motion was made by Council Member Willis, seconded by Council Member Jackson, to approve the Agenda as written, with amendments. The motion carried 5-0. ELECTION OF THE MAYOR PRO TEM: City Manager Morley explained the Item. Council reached consensus to follow the established method to nominate and elect a Mayor Pro Tem. City Attorney Garganese read nominations for three rounds, and announced Mickie Kellum won the majority of votes. Council Member Kellum accepted the nomination and thanked the Council. A motion was made by Council Member Jackson, seconded by Council Member Willis, to appoint Mickie Kellum as the Mayor Pro Tem. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 19, 2024 Minutes • Page 2 of 4 PRESENTATIONS/INTERVIEWS: Canaveral Fire Rescue and Brevard County Sheriff's Office Hurricane Milton appreciation presentation: Mayor Morrison presented a Certificate of Appreciation to Brevard County Sheriff's Office Lieutenant Scott Molyneaux. Lt. Molyneaux addressed the Council and thanked both Canaveral Fire Rescue and the Brevard County Sheriff's Office for their efforts. Presentation of Special Recognition to OG Enterprises and Canaveral Meats & Deli for their support and contributions to the City of Cape Canaveral and the Brevard County's Sheriff's Office National Night Out event: Mayor Morrison presented plaques of Special Recognition to Mr. Roman Poul, owner of Canaveral Meats & Deli and Mr. Oshri Gal, owner of OG Enterprises. PUBLIC PARTICIPATION: Brad Pervell, resident, discussed the sense of urgency he witnessed by City Staff and Florida Power and Light to address trees collapsing on a power line at Sandpiper Park, for which he commended the City's response and thanked Staff. John Benton, visitor, discussed a Code reduction hearing. Peg Schaller, resident, property and business owner, discussed opposition to spending more money for BS&A Software and Services Cloud upgrade, that Ordinance No. 20-2024 is really a height increase ordinance, inquired about the status of the January 24th Update and why a particular record was put in and then taken out of BS&A. Brad Pervell, resident, discussed a lack of urgency by the City's solid waste contractor after an alleged incident of hydraulic fuel dumped by one of Waste Pro's trucks into the street, which was washed down a storm drain during Veterans Day Weekend, and for which photos of the stains left behind on the pavement were provided by Mr. Pervell. Robert McGregor, resident, discussed the need for tennis court improvements at the Nancy Hanson Recreation Center, and urged the City Council to budget that upgrade. CONSENT AGENDA: 1. Approve Minutes for the October 7, 2024 Emergency Meeting. 2. Approve Minutes for the October 15, 2024 Regular Meeting. 3. Resolution No. 2024-18; adopting a cybersecurity standard in accordance with Section 282.3185(4), Florida Statutes; providing for notification to the Florida Digital Service; providing for repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435 in FY24/25 and $52,635 on 10/1/25 and thereafter to migrate from legacy on -premises solution to cloud -based solution, and authorize the City Manager to execute same. 5. Approve the proposed 2025 City Council Regular and Budget Meeting Schedule. 6. Reappoint Community and Economic Development Director Brianna Soat as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Harry Ruffel as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee for Calendar Year 2025. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items 1,2,3,5 and 6. The motion carried 5-0. 13. Discussion to address the concerns of neighbors of 243 Coral Drive in the Harbor Height subdivision. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item, and distributed copies of photographs taken by neighbors. Discussion ensued. Rita Perini, resident, discussed concerns regarding the amount of fill dirt placed on the property, not City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 19, 2024 Minutes • Page 3 of 4 able to open the west gate of her fence, and distributed photographs. Nancy Deen, resident, discussed concerns over stormwater runoff from 243 Coral Drive, the failure of the silt fencing, and distributed photographs. Susan Denny, resident and member of the Planning and Zoning Board, discussed concerns over stormwater runoff from 243 Coral Drive, and recommended updating the City Code if needed. Discussion ensued. Community and Economic Development Director Soat indicated Building Official Doobovsky could provide information tomorrow about what changes were made to grant the pool permit after having been denied. City Engineer Mallory Clancy, PE, with Kimley Horn and Associates explained the term "substantially compliant" as meaning the Site Plan, if constructed as proposed, meets City Code. City Manager Morley discussed a Certificate of Occupancy will not be issued until compliance is met at the property. Discussion ensued. City Manager Morley reviewed the list of desires captured during the discussion and the results of the meeting between Staff and the residents concerned about 243 Coral Drive. Building Official Doobovsky discussed the silt fence is fixed and now in its proper application, a stop work order regarding fill dirt height had been issued before he started work with the City, drainage pipe issues that were addressed by Code Enforcement, indicated 243 Coral Drive is compliant now, offered a list of all the inspections and permits pulled at the property, and explained that no stormwater structures are in place yet because the property is still under construction. Discussion ensued. No action was taken. ADD -ON ITEM: Discussion regarding Wave Village Development Agreement. (Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. Attorney Kim Rezanka, representing OG Enterprises, discussed the status of the draft Restated and Amended Development Agreement which started February 6, 2024, and indicated Mr. Oshri Gal is ready to move forward and be heard now if possible. Discussion ensued. City Attorney Garganese discussed the reason for drafting a Restated and Amended Development Agreement, technical inconsistencies of the draft, and the issue of phasing schedules based on occupancy versus calendar dates. Discussion ensued. Council reached consensus to schedule a CRA Special Meeting at 5:00 p.m., and a Special City Council Meeting at 6:00 p.m. on Tuesday, December 3, 2024. Mayor Morrison then recessed the meeting to take photographs at 8:39 p.m. The meeting was reconvened at 8:47 p.m. PUBLIC HEARINGS: 7. Ordinance No. 20-2024; amending Chapter 82 Buildings and Building Regulations to adopt regulations to allow the construction and installation of rooftop amenities on multifamily, mixed -use, and commercial buildings which satisfy the requirements set forth in this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: City Attorney Garganese read the title into the record, explained the Item, and amendments made based upon Council action taken at first reading. City Manager Morley discussed additional proposed amendments regarding turtle lighting and residents of the building. Discussion ensued. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 20- 2024, as amended, at second reading. The motion carried 5-0. 8. Ordinance No. 21-2024; amending Section 54-7 of the City Code related to hours of operation and general use of City parks for City electric vehicle charging stations; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 19, 2024 Minutes • Page 4 of 4 Kellum, seconded by Council Member Willis, to adopt Ordinance No. 20-2024, at second reading. The motion carried 5-0. ITEM FOR ACTION: 9. Appoint a Council Member as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition: City Manager Morley explained the Item. Council Member Willis indicated his willingness to continue serving as the Alternate Delegate on the Board, and noted his recent appointment by the Florida Department of Transportation District (FDOT) Five Secretary John E. Tyler to the Safety Steering Committee. Discussion ensued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to appoint Council Member Willis as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board. The motion carried 5-0. UNFINISHED BUSINESS: 10. Discussion on City of Cape Canaveral Code Enforcement Metrics and any applicable policies (Submitted by Mayor Morrison) [Postponed from October 15, 2024]: Mayor Morrison explained the Item. Discussion ensued. Community and Economic Development Director Soat reviewed the list of Proposed Metrics provided under the Agenda Item Summary, noting positive feedback being received for the Community and Economic Development Department and Code Enforcement Officers. Deputy Director/Code Enforcement Manager Palmer discussed the information compiled in a monthly report to Council. City Manager Morley and Council commended Staff for their efforts, and recommended continued communications to the City Manager. No action was taken. 11. Update to the January 24, 2024 Special Council Meeting. [Postponed from October 15, 2024]: City Manager Morley discussed the status of the Item. Discussion ensued. City Attorney Garganese offered to meet with the Council individually regarding Fillmore Avenue status, and confirmed that no lawsuit had been filed. No action was taken. ITEMS FOR DISCUSSION: 12. Discuss and provide direction on implementing an Emergency Action Policy for using City owned equipment on private property: City Manager Morley explained the Item. Discussion ensued. Public Works Services Director Clark explained the use of the pump was for wastewater purposes and not stormwater, and is intended for emergency situations involving sewage. Council reached consensus to bring the Item back to the December 17, 2024 City Council Regular Meeting. 14. Discussion on City Charter Review (Submitted by Mayor Morrison): Mayor Morrison explained the Item. Discussion ensued. No action was taken. ADJOURNMENT: The Meeting was adjourned at 10:24 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk/ Assistant to the City Manager ITEM # 3 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday December 3, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk/Assistant to the City Manager IT Manager Building Official Brevard County Sheriff's Deputy Todd Morley Anthony Garganese Mia Goforth Mike Schaffer Robert Doobovsky Kyle Luise APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: None. ITEM FOR ACTION: Consider Owner's Request to amend the Port of Call Facility Development Agreement between the City and Wave Developments, LLC. ("Owner") for the multi -phase Wave Development located at 8801 Astronaut Boulevard: City Manager Morley explained the Item. Wave Development, LLC Owner Oshri Gal made a presentation to the Council. Discussion ensued. City Attorney Garganese discussed potential impacts of extending phasing schedules, compared other current and potential future development agreements in the City, and sewer capacity limits. Attorney Kim Rezanka, representing Mr. Gal, discussed the staff -proposed schedule for Phases 3 and 4 had not been offered to Mr. Gal, the preferred owner -proposed schedules, and how the project will be self -financed. City of Cape Canaveral, Florida DRAFT December 3, 2024 City Council Special Meeting Minutes Page 2 of 2 Shannon Roberts, resident, property and business owner, discussed various concerns including how the project fits into the City's master plan, opposition to 65ft. building height, affordable housing, noise, design of the facade, and traffic issues at the intersection of State Road A1A and Central Boulevard. Mr. Gal responded to Dr. Roberts' comments. Discussion ensued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve the Development Agreement and adopt the Owner's phasing schedule. Motion carried 5-0. ADJOURNMENT: The Special Meeting was adjourned at 7:45 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk/ Assistant to the City Manager CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2024-19; adopting an amended and restated schedule of rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Department — Resilience Division Summary: At its July 16, 2024, Regular Meeting (Attachment 1), City Council reached consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and an ordinance to amend City Code to allow for overnight EV charging at specific City parks. At its August 20, 2024, Regular Meeting, Resolution No. 2024-08 was unanimously approved by Council updating the City's public EV charging station program fee schedule to include overnight charging access specifically at City Hall. To address the other part of the consensus, Ordinance No. 21-2024 (Attachment 2) allows certain limited areas within a City park to be open for extended hours to allow the charging of electric vehicles at City owned or controlled EV charging stations provided the charging is occurring in a manner that complies with the charging terms and conditions established by the City; meaning EVs must be actively utilizing a charging station to recharge while parked. General overnight parking in City parks is a citable offense via the Brevard County Sheriff's Office (BCSO) per Section 54-8(f), which states that "it is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a City park during hours when the City park is closed." At its October 15, 2024 Regular Meeting, Council approved Ordinance No. 21-2024 at first reading amending Section 54-7 of the City Code related to hours of operation and general use of City parks for City EV charging stations; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an effective date. At its November 19, 2024, Regular Meeting, Council approved Ordinance No. 21-2024 at second reading. The City Attorney has re -reviewed Resolution No. 2024-08 (Attachment 3), which is the City's aforementioned charging station program's fee schedule adopted at the August 20, 2024 Regular Meeting, and has revised Section 2(E) to appropriately reflect the verbiage used in Ordinance No. 21-2024 via draft Resolution No. 2024-19 (Attachment 4). With this, all policy -related items in regards to the City's public EV charging station program will be consistent. Submitting Department Director: Brianna Soat and Zachary Eichholz Attachments: 1. July 16, 2024, City Council Regular Meeting Minutes — Excerpt 2. Ordinance No. 21-2024 3. Resolution No. 2024-08 4. Draft Resolution No. 2024-19 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-19. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • July 16, 2024 Minutes • Page 4 of 4 explained the Item. Discussion ensued. Council Member Davis read an email from resident Brad Pervell into the record. City Attorney Garganese explained the statutory preemption does not apply in this case, and the Applicant may hire another arborist to evaluate the Tree. Discussion continued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting for thirty minutes. The motion carried 4-1, with Council Member Willis voting against. Discussion continued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to deny removal of the Tree. Mayor Morrison requested to inspect the property with Applicant permission. Discussion ensued. The motion carried 5-0. Mayor Morrison noted the time at 10:12 p.m., and suggested five minutes be allotted to each remaining Agenda Item. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion ensued. City Manager Morley stated the contract specifies the Evaluation shall be made between May and July of each year. City Attorney Garganese stated Council may agree to move the Item to August. Discussion ensued. City Manager Morley agreed to reschedule the Item to next month. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to postpone to August, making it the first Item on the Agenda. Discussion ensued. The motion carried 3-2, with Council Members Davis and Willis voting against. Discussion ensued. ITEMS FOR DISCUSSION: 10. Discuss amending the City's public electric vehicle (EV) charging station fee schedule to allow for overnight charging at City Hall and provide direction to Staff regarding updating City Code as appropriate to allow for overnight EV charging at applicable City parks: Chief Resilience Manager Eichholz explained the Item. Discussion ensued. City Manager Morley discussed City Parks hours are closed from dusk to dawn, compliance, and an idle fee grace period. Council reached consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and an ordinance to amend City Code to allow for overnight EV charging at specified City parks. Mayor Morrison noted the time at 10:29 p.m., and the need for an extension or move Items to the next meeting. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting to 11:00 p.m. The motion received a majority vote 3-2, with Council Members Davis and Willis voting against. 11. Action Item to follow up on identifying immediate actions that could possibly impact the flooding on the Presidential Streets as discussed during June City Council Meeting. (Submitted by Council Member Jackson): Council Member Jackson discussed the Item. City Attorney Garganese made a point of order that extending the Meeting past 10:30 p.m. required a super majority, and therefore the Meeting is technically adjourned under City Code Sec. 2-69. ADJOURN Q(EI�JT:jLrh I4 eting was adjourned at 10:32 p.m. Wes Morrison, Mayor Attachment 2 1 ORDINANCE NO. 21-2024 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING SECTION 54-7 OF THE CITY 5 CODE RELATED TO HOURS OF OPERATION AND GENERAL USE 6 OF CITY PARKS FOR CITY ELECTRIC VEHICLE CHARGING 7 STATIONS; PROVIDING FOR THE REPEAL OF PRIOR 8 INCONSISTENT ORDINANCES AND RESOLUTIONS, 9 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law; and 15 16 WHEREAS, the City, from time to time, may install City owned electric vehicle charging 17 stations for use by the general public on City owned property including City parks; and 18 19 WHEREAS, when installed, the use of these electric charging stations will be subject to the 20 terms and conditions established by the City Council and such terms may include allowing the 21 public to utilize these stations during hours outside of general open park hours established by 22 the City; and 23 24 WHEREAS, the City Council desires to amend the general open park hours established 25 under Section 54-7 to explicitly recognize that the City Council may provide a specific exception 26 and permit City electric vehicle charging stations installed within Cityparks to be utilized outside 27 of general open park hours if such use is permitted by administrative rule adopted by the City 28 Manager or the City Council by resolution; and 29 30 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 31 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 32 Canaveral. 33 34 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 35 ORDAINS, AS FOLLOWS: 36 37 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 38 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 39 Canaveral. 40 41 Section 2. Amending Section 54-7 of the City Code. The City of Cape Canaveral Code 42 of Ordinances, Section 54-7, is hereby amended as set forth below (underlined type indicates 43 additions and stfi4<eeut type indicates deletions, while *** indicate deletions from this Ordinance 44 of said Section 54-7 of the City Code which shall remain unchanged in the City Code): 45 46 City of Cape Canaveral Ordinance No. 21-2024 Page 1 of 3 1 Sec. 54-7. Hours of operation and general use of city parks. 2 3 (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn 4 (sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted 5 prominently in each city park. 6 7 8 (c) The city council by resolution or the city manager by administrative rule may adopt more 9 restrictive or extended hours for any particular city park on a case -by -case basis if legitimate 10 circumstances warrant hours of operation different than those set forth in subparagraph (a) of this 11 section. Such basis may include, but shall not be limited to, allowing certain limited areas within 12 a city park to be open for extended hours to allow the charging of electric vehicles at city owned 13 or controlled electric vehicle charging stations provided the charging is occurring in a manner that 14 complies with the charging terms and conditions established by the city. 15 16 17 18 19 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 20 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 21 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 22 23 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 24 Canaveral City Code and any section or paragraph, number or letter and any heading may be 25 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 26 like errors may be corrected and additions, alterations, and omissions, not affecting the 27 construction or meaning of this Ordinance and the City Code may be freely made. 28 29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 31 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 32 be deemed a separate, distinct and independent provision, and such holding shall not affect the 33 validity of the remaining portions of this Ordinance. 34 35 Section 6. Effective Date. This Ordinance shall become effective immediately upon 36 adoption by the City Council of the City of Cape Canaveral, Florida. 37 38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of November, 39 2024. 40 41 ,w 42 APPIO;" 43 44 45 46 *** Wes Morrison, Mayor City of Cape Canaveral Ordinance No. 21-2024 Page 2 of 3 5 Mia Goforth, C 6 City Clerk 7 8 9 10 11 12 13 First Reading: October 15, 2024 14 Advertisement: November 7, 2024 15 Second Reading: November 19, 2024 16 17 Approved as to legal form and sufficiency 18 for the of Cape Canaveral only by: 19 20 21 Anthony A. Garganese, City Attorney Kim Davis Mickie Kellum Kay Jackson Wes Morrison Don Willis For mat1nn SP'nnd Against City of Cape Canaveral Ordinance No. 21-2024 Page 3 of 3 Attachment 3 RESOLUTION NO. 2024-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING RESOLUTION NO. 2023-21 AND RATES AND CHARGES AND OTHER TERMS AND CONDITIONS FOR PUBLIC EV CHARGING STATIONS OPERATED BY THE CITY ON CITY OWNED OR CONTROLLED PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council previously adopted Resolution No. 2023-21 establishing rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property in accordance with Section 366.94(1), Florida Statutes which states that the provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of being regulated by the Florida Public Service Commission under Chapter 366, Florida Statutes. Therefore, the rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under Chapter 366, Florida Statutes, and Chapter 366 does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles; and WHEREAS, based on the home rule powers vested in the City under the State Constitution, and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby desires to amend Resolution No. 2023-21 to authorize night-time operation of certain EV charging stations to increase availability, accessibility and revenues; and WHEREAS, the City Council hereby also finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general public. 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. Amendment Rates and Charges Schedule. The following provisions of Section 2 (D) and (E) of Resolution No. 2023-21 are hereby amended and replaced in their entirety as follows: D. Idle Fee: For purposes of increasing turnover and public availability of the charging stations an "idle fee" will be applied until the recharging plug is removed, according to the following schedule: (i) For charging sessions that begin between 6:30 a.m. and 9:30 p.m., an idle fee of $0.15 per minute. City of Cape Canaveral Resolution No. 2024-08 Page 1 of 3 (ii) For charging sessions that begin after 9:30 p.m. and end before 6:30 a.m., an idle fee of $0.00 per minute. (iii) For charging sessions that begin before 6:30 a.m. and end after 6:31 a.m., an idle fee of $0.15 per minute shall begin at 6:31 a.m. E. Other Terms and Conditions of Usage: (i) All EV charging stations located at Manatee Sanctuary Park, Banana River Park, and Canaveral City Park will be programmed to cease operations at 9:30 p.m. every evening, and resume operations at 6:30 a.m. every morning. EV charging stations located at City Hall will remain available at all times. However, whenever a tropical storm, hurricane warning, evacuation order or other emergency event exists, the City Manager may modify the operational schedule of any or all EV charging stations for the duration of the event. (ii) Any provision of the City Code prohibiting or limiting overnight parking on City owned property (including City parks such as Manatee Sanctuary Park, Banana River Park, and Canaveral City Park) shall remain in full force and effect. All other provisions of Resolution No. 2023-21 not amended by this Section 2 shall remain in full force and effect. Section 3. 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 4. 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 5. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3), the City, as an owner or operator of an electric vehicle charging station that is available for public use, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. [Adoption Page Follows] City of Cape Canaveral Resolution No. 2024-08 Page2of3 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of August 2024. SEAL ° _ AT'E . 5o 1 Via° °° ��.. is Y, CSC!•,... Mia Goforth, C` City Clerk Grp/4144:04 Wes Morrison, Mayor Name FOR AGAINST Kim Davis x Kay Jackson x Mickie Kellum Motion Wes Morrison x Don Willis Second Approved as to legal form and sufficiency For th ity of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-08 Page 3 of 3 Attachment 4 RESOLUTION NO. 2024-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; ADOPTING AN AMENDED AND RESTATED SCHEDULE OF RATES AND CHARGES AND OTHER TERMS AND CONDITIONS FOR PUBLIC EV CHARGING STATIONS OPERATED BY THE CITY ON CITY OWNED OR CONTROLLED PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council previously adopted rate and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property pursuant to Resolution No. 2023-21, as amended by Resolution No. 2024-08 ("Prior Resolutions"); and WHEREAS, the City Council adopted Ordinance No. 21-2024 on November 19, 2024 explicitly recognizing that the City Council or City Manager may extend city park hours to allow certain areas within a city park to be used for charging electric vehicles at City owned or controlled electric vehicle charging stations; and WHEREAS, the City Council desires to adopt an amended and restated Resolution to expressly remove the existing restriction on overnight EV charging within city parks and to restate the amendment and the Prior Resolution together into one resolution for convenience and easier reference; and WHEREAS, Section 366.94(1) states that the provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of being regulated by the Florida Public Service Commission under Chapter 366, Florida Statutes. Therefore, the rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under Chapter 366, Florida Statutes, and Chapter 366 does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles; and WHEREAS, based on the home rule powers vested in the City under the State Constitution, and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby finds that it has the authority to acquire, install, and use publicly available EV charging stations on City owned or controlled property and to impose rates, terms, and conditions for their use; and WHEREAS, the demand and availability of electric vehicles ("EVs") continues to grow within the United States, and Florida is second only to California in the number of EVs according to Southern Alliance for Clean Energy; and WHEREAS, Florida Power and Light (FPL) predicts that there will be over 600,000 EVs within its service territory by 2030 and approximately 8.1 million EVs by 2040; and City of Cape Canaveral Resolution No. 2024-19 Page 1 of 4 WHEREAS, EVs are an important emerging technology for Cape Canaveral residents for a number of reasons, as recognized by the Legislature of the State of Florida: "conserves and protects the state's environmental resources, provides significant economic savings to drivers, and serves an important public interest." Section 718.113(8), Fla. Stat.; and WHEREAS, due to the City's unique coastal location adjacent to major tourist attractions, such as Port Canaveral, Kennedy Space Center, beaches, and the near -future Brevard Zoo aquarium, as well as the existence of critical military and aerospace installations, there is and will continue to be a need for accessible public EV charging station infrastructure to support long- term economic growth as EV ownership continues to increase; and WHEREAS, the City has also observed that a number of City residents rely upon the City's public charging stations given that they do not have access to home -based charging infrastructure either because they live in a rental or condominium property; and WHEREAS, although private EV charging stations exist in various places, there currently appears to be a lack of publicly available EV charging stations on the barrier island based on a general area observation conducted by City staff; and WHEREAS, due to the growing demand for EVs and the need to provide publicly available EV charging stations, the City Council has recently authorized the purchase and installation of new "smart" EV charging stations at Manatee Sanctuary Park, Banana River Park, City Hall and the City of Cape Canaveral Community Center for purposes of continuing to support the electrification of the transportation sector and staying a leader in the region by offering long-term fiscal sustainability and better program management in furtherance of the goals set forth in the City's Resiliency Action Plan; and WHEREAS, in order to support the City's goal of providing state of the art "smart" publicly available EV charging stations, and to cover the City's operational and maintenance costs associated with such stations, the City Council hereby desires to establish reasonable rates and charges for the public's use of the City's EV charging stations; and WHEREAS, the City Council hereby finds that this Resolution supports the City's goal of providing widespread access to EV charging infrastructure throughout the City to prepare for increasing deployment of EVs, improve local air quality, and achieve the City's sustainability and climate goals in an accessible and inclusive manner; and WHEREAS, the City Council hereby also finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general public. 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. City of Cape Canaveral Resolution No. 2024-19 Page 2 of 4 Section 2. Adoption of Rates and Charges Schedule. The following rates and charges and other terms and conditions of usage are hereby adopted for City operated EV charging stations on City owned or controlled properties: A. City Resident usage rates: - $0.15 per kWh for the first 4 hours - $0.20 per kWh after 5 hours - To receive the City Resident rate, a person must provide proof of residency in the form of a current driver's license, passport, personal identification card issued by a governmental agency, utility bill, homestead exemption, or such other supporting documentation deemed acceptable by the City Manager or designee. Residency status shall be verified by the City Manager or designee at least annually. B. Non -City Resident usage rates: - $0.20 per kWh for the first 4 hours - $0.25 per kWh after 5 hours C. Additional Transaction Fee: In addition to the kWh rate described in Sections A and B above, a standard $0.50 flat transaction fee — plus 5% of the overall transaction cost shall be charged to a user for each charging session. D. Idle Fee: For purposes of increasing turnover and public availability of the charging stations an "idle fee" will be applied until the recharging plug is removed, according to the following schedule: (i) For charging sessions that begin between 6:30 a.m. and 9:30 p.m., an idle fee of $0.15 per minute. (ii) For charging sessions that begin after 9:30 p.m. and end before 6:30 a.m., an idle fee of $0.00 per minute. (iii) For charging sessions that begin before 6:30 a.m. and end after 6:31 a.m., an idle fee of $0.15 per minute shall begin at 6:31 a.m. E. Other Terms and Conditions of Usage: (i) All EV charging stations located at Manatee Sanctuary Park, Banana River Park, and Canaveral City Park will remain available at all times. Any provision of the City Code prohibiting or limiting overnight parking on City owned property (including City parks such as Manatee Sanctuary Park, Banana River Park, and Canaveral City Park) shall remain in full force and effect with the exception that vehicles parking overnight for the sole purpose of utilizing an EV charging station is allowed. (ii) Whenever a tropical storm, hurricane warning, evacuation order or other emergency event exists, the City Manager may modify the operational schedule of any or all EV charging stations for the duration of the event. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2024-19 Page 3 of 4 Section 4. 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 5. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3), the City, as an owner or operator of an electric vehicle charging station that is available for public use, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of December 2024. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-19 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve a modification to terms and conditions of IT services. Department: Administrative and Financial Services Summary: The IT department provided a presentation to the City Council in a closed session on December 17, 2024 regarding a certain change related to terms and conditions of IT services. THE PROPOSED CHANGE IS EXEMPT FROM PUBLIC DISCLOSURE SECTION 119.0725, FLORIDA STATUTES. Submitting Department Director: John DeLeo Attachment: None Financial Impact: Cost and financial impact were provided in the closed session. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action(s): Approve a modification to terms and conditions of IT services. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Ordinance No. 01-2025; amending the City of Cape Canaveral Comprehensive Plan Coastal Management and Future Land Use Elements to address Perils of Flood in accordance with the requirements of 163.3178(2)(F), Florida statutes and other applicable law; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the plan amendments, first reading. Department: Community and Economic Development Summary: Between 2018 and 2019, the City of Cape Canaveral and the East Central Florida Regional Planning Council (ECFRPC) conducted a Citywide Vulnerability Assessment (Assessment) titled "Resilient Cape Canaveral". This project was funded via a grant from the Florida Department of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP). Cape Canaveral was one of the first municipalities in Brevard County to complete a vulnerability assessment in response to climate -related challenges. Staff, alongside the ECFRPC, completed the first iteration of the City's Vulnerability Assessment (VA) in August 2019, unanimously accepted by City Council. The Assessment employs several models developed by the US Army Corps of Engineers (USACE) and the National Oceanic and Atmospheric Administration (NOAA) to project possible future sea level rise scenarios and respective impacts on the City by the years 2040, 2070, and 2100. Real -world data recorded by the NOAA owned and operated Trident Pier Tide Gauge in Port Canaveral (which has been continuously operational since 1994) was reviewed and graphed to indicate current rates of local sea level rise. The report also models future sea -level rise and its effect on hurricane storm surge and showcases vulnerabilities to shallow coastal flooding, the 100-year floodplain, the 500-year floodplain, and present-day tropical cyclone -derived storm surge inundation. The Assessment's findings indicate that the City is highly vulnerable to flooding events due to a number of factors; including: 1. 2. 3. 4. High amounts of impervious surface cover (i.e., concrete, asphalt, etc.) that amount of rainwater that can naturally infiltrate into the ground; Older stormwater infrastructure that was not designed to handle modern day flood situations; More intense storm events that can deliver large amounts of rainfall in short timeframes that overwhelm the City's stormwater infrastructure; and Ongoing water rise (i.e., sea -level rise) in the Banana River Lagoon and in the Atlantic Ocean that allows for subterranean inundation of the City's stormwater drainage system due to backflow situations and, eventually, inundation of above ground low-lying land areas — especially during high tide and storm surge events. reduce the The Assessment posed numerous recommendations that would encompass updates to the City's physical infrastructure as well as policy changes within its Comprehensive Plan in order to help mitigate and adapt to current challenges and future changes. The data and findings of the Assessment, and in accordance with Section 380.093(d) of the Florida Statutes, reflect the need to amend the Coastal Management Element and Future Land Use Element of the City's Comprehensive Plan. As discussed at ajoint City Council/Planning and Zoning Board meeting on Wednesday, March 27, 2024, that highlighted forthcoming flood -related policies, the City must adopt a Peril of Flood City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 6_ Page 2 of 4 Comprehensive Plan Amendment that addresses the requirements of Section 163.3178(2)(f) of the Florida Statutes, to include: 1. Development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas, which result from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise; 2. Best practice development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency (FEMA); 3. Site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in Florida; 4. Consistency 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. Requirement that any construction activities seaward of the coastal construction control line (CCCL) established pursuant to Section 161.053, F.S., be consistent with Chapter 161; and 6. Participation in the National Flood Insurance Program Community Rating System administered by FEMA to achieve flood insurance premium discounts for residents. In an effort to provide a framework for future resilience -based implementation efforts, the proposed Amendment to the Coastal Management Element and Future Land Use Element (Attachment) will account for compliance with the state's Peril of Flood requirements and anticipated mitigation solutions from the updated VA. Additionally, this amendment will help with the establishment of a designated Adaptation Action Area (AAA). The proposed AAA— identified as the Enhanced Resilience Area (ERA) within the proposed Amendment — is an area identified as exceptionally vulnerable to future flooding events due to extreme high tides and storm surge as a result of rising sea levels that also serves as a high economic impact area with critical infrastructure (i.e., the City's Water Reclamation Facility). Based on sea -level rise maps produced within the Assessment from both USACE and NOAA, the City's proposed AAA becomes vulnerable to extended periods of inundation before other areas of the community, beginning mainly in the back half of the twenty-first century. Other prominent updates within the Amendment are highlighted as follows. • Encouraging the use of low impact development (LID) and green stormwater infrastructure (GSI) with new development and redevelopment projects • Improving disaster preparedness across commercial and residential properties • Limiting residential density increases above those existing and allowed by the Future Land Use Element of the Comprehensive Plan in the Coastal High Hazard Area (CHHA) and the Special Flood Hazard Area (SFHA) • Establishing a post -disaster redevelopment and hazard mitigation plan should a high - impact storm event severely damage or destroy the City's built environment in the future • Coalescing the findings and recommendations within the City's Assessment, as well as the goals and targets set within the City's 2021 Resiliency Action Plan, into the City's Comprehensive Plan to improve future planning efforts City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 6_ Page 3 of 4 • Code amendments to require developers to finance and install utilities including but not limited to improved stormwater drainage facilities, flood adaptation measures, multi - modal streetscape concepts, potable water, and sanitary sewer facilities to serve their proposed development and redevelopment, consistent with concurrency management and provisions to mitigate climate -related impacts. • Allow for elevating commercial and residential structures to reduce flood impacts to properties in and around effected areas (i.e., stilting, breakaway first floors, etc.) • Enhance and preserve natural coastal resources that can improve shoreline resilience, such as the implementation of living shorelines, oyster reefs, wave attenuation devices, sand dunes, etc. • Prohibiting the implementation of any new critical and/or life services dependent infrastructure within the AAA such as hospitals, assisted living facilities, potable water treatment, electricity generation, etc. in order to minimize risks to highly vulnerable population sets. In February 2023, FDEP awarded the City a $225,000 grant to update its 2019 VA. This critically important endeavor will be completed in further conjunction with the ECFRPC. The update will allow Staff to modernize storm surge and sea level rise projections, evaluate the latest in resilience strategies, better determine best management practices in terms of climate -ready preparedness activities, and allow the City to become eligible for new state funding opportunities to which it previously would not have had access. The grant comes as part of a larger announcement made on February 13, 2023, in which the FDEP announced the awarding of over $28 million to develop or update county and municipal comprehensive vulnerability assessments across the state. According to the FDEP, the 128 planning grants announced will result in 222 total local government vulnerability assessments. Local governments that complete or update vulnerability assessments via this grant funding will be eligible for inclusion in future iterations of the Statewide Flooding and Sea Level Rise Resilience Plan, which proposes funding for the highest -ranked resilience and adaptation projects across the state. Updating the Coastal Management Element and Future Land Use Element of the Comprehensive Plan will further position the City for state -based grant funding as it will show that the City is expediting and prioritizing mitigation and adaption efforts. As of the date of the publication of this Agenda, the Planning and Zoning Board (LPA) has not yet heard this item; however, the Planning and Zoning Board will hear this item at its December 11, 2024 Regular Meeting, after the posting of this agenda. Staff will advise City Council and the public of the Planning and Zoning Board's recommendation at the December 17, 2024 City Council Hearing. In addition, Staff will send electronic correspondence to the City Council by the end of the day on December 12, 2024, describing the Planning and Zoning Board's recommendation. It should be noted that updates proposed within the Amendment to the Coastal Management Element and Future Land Use Element of the City's Comprehensive Plan do not automatically make them binding to commercial and residential property owners, but rather provides a standardized basis in which to begin changing the City's Code of Ordinances for flood mitigation and adaptation City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 6_ Page 4 of 4 purposes. Staff will bring forth subsequent proposed changes to the City's Code of Ordinances to the Planning and Zoning Board for review and recommendation to City Council. Submitted by: Brianna Soat with assistance from Abigail Holmes and Zachary Eichholz Attachment: Proposed Ordinance with Exhibit "1"; Proposed Amendment to the City of Cape Canaveral Comprehensive Plan Coastal Management and Future Land Use Elements, including: Exhibits: A. F.S. Section 380.093(d) B. F.S. Section 163.3178(2)(f) C. Florida Department of Economic Opportunity PowerPoint presentation Comprehensive Planning for the Peril of Flood (2019) D. Proposed City of Cape Canaveral Enhanced Resilience Area (ERA) map E. Impervious cover by zoning class map F. 2040, 2070, and 2100 USACE and NOAA sea -level rise projection maps for the City of Cape Canaveral G. 2050, 2070, and 2100 USACE and NOAA sea -level rise with category 3 hurricane storm surge projection maps for the City of Cape Canaveral H. Trident Pier Tide Gauge historical sea -level rise measurements graph (1994 — 2022) Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare the Agenda Item; Reduced costs associated with stormwater inundation; Increased opportunity for grant funding. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Ordinance No. 01-2025 on first reading. Approved by City Manager: Todd Morley 1 ORDINANCE NO. 01-2025 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE 5 CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL 6 MANAGEMENT AND FUTURE LAND USE ELEMENTS TO 7 ADDRESS PERILS OF FLOOD IN ACCCORDANCE WITH THE 8 REQUIREMENTS OF 163.3178(2)(F),FLORIDA STATUTES AND 9 OTHER APPLICABLE LAW; PROVIDING FOR THE REPEAL OF 10 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 11 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 12 PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN 13 AMENDMENTS. 14 15 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning 16 Act, which was formerly known as the Local Government Comprehensive Planning and Land 17 Development Regulation Act; and 18 19 WHEREAS, the Community Planning Act requires each municipality in the State of Florida 20 to prepare, adopt, and update a Comprehensive Plan; and 21 22 WHEREAS, as beachside community, the City has adopted a Coastal Management 23 Element, and other provisions in the Future Land Use Element, under its Comprehensive Plan 24 setting forth goals, objectives and policies providing for the preservation and conservation of the 25 City's coastal resources; and 26 27 WHEREAS, the City Council recognizes that the State and local governments have 28 a significant interest in the resources of the coastal zone of the State of Florida, and intent of the 29 Legislature that local government comprehensive plans restrict development activities where such 30 activities would damage or destroy coastal resources, and that such plans protect human life and 31 limit public expenditures in areas that are subject to destruction by natural disaster. Sec. 163.3178, 32 Fla. Stat.; and 33 34 WHEREAS, the City Council recognizes that Section 163.3178(2), Florida Statutes provides 35 that each coastal management element required by s. 163.3177(6)(g) shall be based on studies, 36 surveys, and data, and must be consistent with coastal resource plans prepared and adopted 37 pursuant to general or special law; and 38 39 WHEREAS, in furtherance of planning to preserve, protect and conserve the City of Cape 40 Canaveral's coastal resources, the City engaged the East Central Florida Regional Planning Council 41 to prepare a vulnerability assessment; and 42 City of Cape Canaveral Ordinance No. 01-2025 Page 1 of 5 43 WHEREAS, the East Central Florida Regional Planning Council prepared the assessment 44 entitled "Resilient Cape Canaveral 2019" ("Report") which was presented to and accepted by the 45 City Council at a duly held public meeting on August 20, 2019; and 46 47 WHEREAS, based on the data and findings contained within Report and in accordance 48 with Section 380.093(d), Florida Statutes, the City Council desires to amend the Coastal 49 Management Element and Future Land Use Element of the City's Comprehensive Plan to adopt a 50 peril of flood comprehensive plan amendment that addresses the requirements of Section 51 163.3178(2)(f), Florida Statutes; and 52 53 WHEREAS, Section 163.3178(2)(f), Florida Statutes requires that a peril of flood 54 comprehensive plan amendment must address the following minimum requirements: a 55 redevelopment component that outlines the principles that must be used to eliminate 56 inappropriate and unsafe development in the coastal areas when opportunities arise. The 57 component must: (1) Include development and redevelopment principles, strategies, and 58 engineering solutions that reduce the flood risk in coastal areas which results from high -tide 59 events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise; (2) 60 Encourage the use of best practices development and redevelopment principles, strategies, and 61 engineering solutions that will result in the removal of coastal real property from flood zone 62 designations established by the Federal Emergency Management Agency; (3) Identify site 63 development techniques and best practices that may reduce losses due to flooding and claims 64 made under flood insurance policies issued in this state; (4) Be consistent with, or more stringent 65 than, the flood -resistant construction requirements in the Florida Building Code and applicable 66 flood plain management regulations set forth in 44 C.F.R. part 60; (5) Require that any construction 67 activities seaward of the coastal construction control lines established pursuant to s. 161.053 be 68 consistent with chapter 161; and (6) Encourage local governments to participate in the National 69 Flood Insurance Program Community Rating System administered by the Federal Emergency 70 Management Agency to achieve flood insurance premium discounts for their residents; and 71 72 WHEREAS, the City Council also acknowledges that an additional vulnerability assessment 73 is being undertaken by the City to preserve, protect and conserve the City of Cape Canaveral's 74 coastal resources, and the City is participating in the Resilient Florida Grant Program pursuant to 75 Section 380.093, Florida Statutes, for purposes of expanding its knowledge about the 76 vulnerabilities that could potentially impact the City and identifying any potential mitigation 77 solutions; and 78 79 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 80 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 81 proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens City of Cape Canaveral Ordinance No. 01-2025 Page 2 of 5 82 and all interested parties submitting written and oral comments and has recommended adoption 83 to the City Council; and 84 85 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject 86 comprehensive plan text amendment to the Florida Department of Commerce for its review and 87 comment; and 88 89 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the 90 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and 91 92 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 93 94 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated 95 herein by this reference. 96 97 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the 98 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes, and specifically in 99 furtherance of the requirements set forth in Section 163.3178(2)(f), Florida Statutes. 100 101 Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt 102 comprehensive plan text amendments amending the text of the Coastal Management Element 103 and Future Land Use Element of the City of Cape Canaveral Comprehensive Plan. 104 105 Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the 106 City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral 107 Comprehensive Plan, Coastal Management and Future Land Use Elements, as more set forth 108 in the attached EXHIBIT "1," which is hereby fully incorporated herein by this reference. 109 110 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 111 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 112 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the 113 conflict. 114 115 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of 116 the Comprehensive Plan amendments adopted by this Ordinance, said amendments 117 shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 118 paragraph number or letter and any heading may be changed or modified as necessary to 119 effectuate the foregoing. Grammatical, typographical and like errors may be corrected and 120 additions, alterations 121 122 City of Cape Canaveral Ordinance No. 01-2025 Page 3 of 5 123 and omissions, not affecting the construction or meaning of this Ordinance and the City 124 Comprehensive Plan may be freely made. 125 126 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision 127 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 128 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 129 a separate, distinct and independent provision, and such holding shall not affect the validity of 130 the remaining portions of this Ordinance. 131 132 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of 133 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after 134 the state land planning agency notifies the City that the plan amendment package is complete 135 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, 136 the plan amendment shall not become effective until the state land planning agency or the 137 Administration Commission enters a final order determining the adopted amendment to be in 138 compliance. No development orders, development permits or land use dependent on this plan 139 amendment may be issued or commenced before it has become effective. After and from the 140 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall 141 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the 142 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as 143 amended. 144 145 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of 146 2025. 147 148 149 150 Wes Morrison, Mayor 151 ATTEST: 152 153 For Against 154 155 Mia Goforth, CMC Kim Davis 156 City Clerk 157 Kay Jackson 158 159 Mickie Kellum 160 161 Wes Morrison 162 163 Don Willis 164 City of Cape Canaveral Ordinance No. 01-2025 Page 4 of 5 165 166 167 168 169 Approved as to legal form and sufficiency 170 for the City of Cape Canaveral only by: 171 172 173 Anthony A. Garganese, City Attorney 174 175 176 15t Advertisement: November 29, 2024 177 Local Planning Agency Hearing: 178 15t Reading/Transmittal: 179 2"d Advertisement: 180 2nd Reading/Adoption: City of Cape Canaveral Ordinance No. 01-2025 Page 5 of 5 ORDINANCE NO. 01-2025 EXHIBIT "1" City of Cape Canaveral Comprehensive Plan City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 1 COMPREHENSIVE PLAN ELEMENTS TABLE OF CONTENTS CITY OF CAPE CANAVERAL SECTION 1 — INTERGOVERNMENTAL ELEMENT page 3 SECTION 2 — CONSERVATION ELEMENT page 8 SECTION 3 — COASTAL MANAGEMENT ELEMENT page 12 SECTION 4 — INFRASTRUCTURE ELEMENT page 21 SECTION 5 — TRANSPORTATION ELEMENT page 29 SECTION 6 — PARKS AND RECREATION ELEMENT page 35 SECTION 7 — HOUSING ELEMENT page 38 SECTION 8 — FUTURE LAND USE ELEMENT page 43 SECTION 9 — PUBLIC SCHOOLS FACILITIES ELEMENT page 51 SECTION 10 — CAPITAL IMPROVEMENT ELEMENT page 58 SECTION 11 — PROPERTY RIGHTS ELEMENT page 64 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 2 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 3 GOAL CM-1 Provide for the preservation and conservation of the City's coastal resources , which contribute economic, social, and aesthetic value and climate mitigation services to the community and future generations. OBJECTIVE CM-1.1 The City shall protect, conserve, and enhance its remaining coastal wetlands, living marine resources, coastal barriers, and wildlife habitat. The measurement of this objective is the extent to which these resources are protected, conserved or enhanced and the degree to which the following Policies are implemented. POLICY CM-1.1.1 Regulate activity in the CHHA, ERA, and SFHA to conserve, protect, and restore vital coastal resources, prioritizing beach and dune systems, other environmentally -sensitive areas, living shorelines, and native vegetation. POLICY CM-1.1.2 Provide for development that is consistent with resource tolerance, risk consideration, carrying capacity, and the ability of the City to efficiently provide and maintain necessary services as set out in other Elements. POLICY CM-1.1.3 Work with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment, including, but not limited to, its amenities and aesthetic values. POLICY CM-1.1.4 Collaborate with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with data -driven conservation principles, of all living and non -living coastal zone resources. POLICY CM-1.1.5 In cooperation with state and federal regulatory agencies and private developers, monitor development in those areas with natural vulnerabilities such as flooding, sea level rise, storm surge, and other overriding environmental limitations to development. POLICY CM-1.1.6 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 4 Consider interagency regulatory guidance, control invasive, non-native, or otherwise environmentally destructive plants in the coastal zone. POLICY CM-1.1.7 Partner with property owners and Brevard County to encourage the appropriate use of Florida Native Friendly vegetation, oyster mats, mangroves, and other natural techniques for shoreline stabilization, enhancement, and restoration of natural habitat in the coastal zone. POLICY CM-1.1.8 Minimize natural shoreline disturbance, and prioritize the use of living shorelines over new or replacement hard -armoring in the coastal zone. If a living shoreline is not sufficient to protect property and life, as required by the City or other regulatory agencies, additional structural elements may be added but must be accompanied by living shoreline elements to the extent practical and feasible. POLICY CM-1.1.9 Amendments to the Future Land Use Map that would result in increased density in the CHHA or ERA are prohibited, except where appropriate flood mitigation measures are implemented (Reference LU Policy 1.1.7). POLICY CM-1.1.10 New and additional potable water sourcing and generation are prohibited in the CHHA. (Reference LU 1.7.3) POLICY CM 1.1.11 Acquire property along the beach or shoreline to serve as protection from surge, flooding, and sea level rise, as financially and physically possible. OBJECTIVE CM-1.2 The City shall take action to maintain and improve estuarine environmental quality. The measurement of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. POLICY CM-1.2.1 Limit the specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and living marine resources, and beach and dune systems. POLICY CM-1.2.2 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 5 Review ordinances that minimize human -induced sedimentation and nutrient deposition, excessive stormwater runoff, and other non -point source pollution into the Banana River Lagoon and the Atlantic Ocean.POLICY CM-1.2.3 Review stormwater management ordinances to consider requiring on -site water retention, low impact development, and green stormwater infrastructure for all new development, redevelopment, and roadway projects. POLICY CM-1.2.4 Provide incentives for new development and all levels of redevelopment to implement low impact development techniques and native vegetation. POLICY CM-1.2.5 Amend the stormwater master plan to prioritize the use of low impact development and green stormwater infrastructure in municipal projects and operations. POLICY CM-1.2.6 Collaborate with partners to promote water quality programs and educate residents about improving water quality in the Banana River Lagoon. POLICY CM-1.2.7 Require low impact development and green stormwater infrastructure techniques to be utilized in roadway and street projects. Collaborate with Brevard County, the SCTPO, and the FDOT to assess mobility projects vulnerable to the impacts of climate hazards utilizing the parameters in [Policy 1.3.11]. POLICY CM-1.2.8 Consider the use of alternative methods of effluent disposal to protect local water quality. POLICY CM-1.2.9 Encourage property owners to implement a standard native vegetative buffer along a shoreline. POLICY CM-1.2.10 Require site plans for all new development and redevelopment in the SFHA be designed to comply with all local, state, and federal stormwater management regulations. POLICY CM-1.2.11 Consider property acquisition in the 100-year flood plain to use for public open space, function as part of a stormwater master plan, and remove coastal real property from flood zone designations established by the Federal Emergency Management Agency (FEMA). These projects shall be designed in a manner that will allow for continued functionality when considering effects from sea level rise. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 6 OBJECTIVE CM 1.3 (FORMERLY OBJECTIVE 1.6) The City shall encourage population concentrations away from known or predicted CHHAs. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high -hazard area and the degree to which the following Policy is implemented. POLICY CM-1.3.1 Through the Future Land Use Plan and zoning ordinance, discourage new development and redevelopment that would result in increased density in the CHHA. Relocation or replacement of existing public infrastructure away from these areas shall only be required in an emergency or when economically feasible to do so. POLICY CM-1.3.2 Establish the ERA delineated in Figure XXX, which is identified by the City as a critical transportation and economic corridor that is vulnerable to sea level rise. The ERA is an Adaptation Action Area (AAA) in furtherance of Florida Statutes sections 163.3164(1) and 163.3177(6)(g)10. The ERA is designated to achieve the following: (1) Protect the health, safety, and welfare of residents, (2) Prevent damage to public and private property, (3) Reduce National Flood Insurance Program (NFIP) premiums to property owners, and (4) Prioritize policies, projects, and funding that implement flood alleviation improvements and mitigation projects in this Plan and its Schedule of Capital Improvements, and (5) Increase opportunities for grants and other funding sources for resilient hazard mitigation, including but not limited to flooding, natural hazards, and sea -level rise. POLICY CM-1.3.3 In conjunction with the evaluation and appraisal of this Plan, adjust or refine the boundaries of the ERA, or establish additional AAAs, based on best available science -based data. POLICY CM-1.3.4 Audit and update all plans, policies, processes, and other related documents to be consistent with the peril of flood goals, objectives, and policies set forth in this Plan. POLICY CM-1.3.5 Consider the Resilient Cape Canaveral Action Plan when amending this Plan and the Code of Ordinances, as appropriate. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 7 POLICY CM-1.3.6 Assess current policies, ordinances and codes to increase future -ready development in areas outside the CHHA, ERA, and SFHA. POLICY CM-1.3.7 Participate in the East Central Florida Regional Resilience Collaborative (ECFR2C), and cooperate with Brevard County, to share technical expertise, participate in annual summits, assess local vulnerabilities, consider agreed -upon mitigation and adaptation strategies, and develop joint state and federal legislation policies and programs. POLICY CM-1.3.8 Coordinate with Brevard County, other local governments, federal, state, regional agencies, and private property owners to develop initiatives and goals to address sea level rise. POLICY CM 1.3.9 Consider the East Central Florida Regional Resilience Action Plan to integrate the regional approach to sea level rise planning recommendation within the City's plans, procedures, and policies. The City will consider a range of rise based upon the vulnerability, allowable risk, project service life, and the forecast project "in-service" date of a facility or development. The range will 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, 1.22 -1.85 feet (20-year planning horizon), medium -term planning should consider impacts out to 2070 (2.85-4.47 feet) (50-year planning horizon), and long-term planning should extend out to 2100 (80-year planning horizon). OBJECTIVE CM 1.4 (PREVIOUSLY OBJECTIVE CM-1.7) The City shall coordinate with Brevard County to reduce the City's local hurricane evacuation times based upon the Brevard County's Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation, plus the degree to which the following Policies are implemented. POLICY CM-1.4.1 Educate the public on the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. POLICY CM-1.4.2 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 8 Maintain and update, as practicable, a list of vulnerable populations requiring assistance during evacuation operations, as defined by the Brevard County Emergency Management Local Mitigation Strategy (LMS), including but not limited to: those without access to vehicles, elders, low-income households, and those with specialized medical needs. POLICY CM-1.4.3 Reduce excessive evacuation times as they relate to development and redevelopment, and maintain all other evacuation times within the acceptable standard. Acceptable evacuation standards will be reviewed and updated as necessary but shall not exceed the times indicated in the current Brevard County Comprehensive Emergency Management Plan. Land development regulations will require new development and redevelopment to demonstrate compliance. POLICY CM-1.4.4 Coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. POLICY CM-1.4.5 Prohibit residential density increases above those existing and allowed by the Future Land Use Element of this Plan in the CHHA and SFHA. Land development regulations will further this prohibition. (Reference LU 1.5.1). POLICY CM-1.4.6 Work with local businesses and organizations to aid in disaster planning and recovery through the development of Continuity of Operations Plans (COOP) and other preparedness strategies. POLICY CM-1.4.7 Prepare inventories of properties for acquisition, including repetitive loss properties, and establish clear priorities for the use of acquisition resources. Post -disaster redevelopment will be coordinated jointly by the Community and Economic Development Department, Public Works Services Department, Capital Projects Department, Resilience Division and, if applicable, with the FEMA. POLICY CM-1.4.8 Encourage redevelopment activities in the ERA through means that institute resilient planning on private properties consistent with this Plan and other appropriate plans. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 9 OBJECTIVE CM-1.5 The City shall maintain criteria and standards for prioritizing shoreline uses, giving priority to water -dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and standards. POLICY CM-1.5.1 Establish priorities for shoreline uses, providing for siting of water -dependent and water -related uses; establish performance standards for shoreline development; and establish criteria for marina siting which address: land use compatibility, availability of upland support services, existing protective status or ownership, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability for public use, and economic need and feasibility. POLICY CM-1.5.2 Review, update (if necessary), and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks; and land use. POLICY CM-1.5.3 Adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. POLICY CM-1.5.4 Identify frontage areas along the Lagoon for acquisition in the Schedule of Capital Improvements to increase opportunities for public access, improve estuarine health, and mitigate the impacts of climate -related hazards. OBJECTIVE CM-1.6 The City shall develop measures for protection of beaches and dunes, establish construction standards which minimize the impacts of man-made structures on beach and dune systems, and work toward restoration of altered beaches and dunes. The measurement of this Objective is the development of such measures and the extent to which beaches and dunes are protected and/or restored and the development of standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. POLICY CM-1.6.1 Closely monitor beachfront development to insure to the greatest extent possible that the dune system is preserved as a natural buffer to storm surge and sea level rise. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 10 POLICY CM-1.6.2 In areas where beaches and dunes are being eroded, encourage and support a multi -jurisdictional approach to stabilization and restoration projects, prioritizing native vegetation as the stabilizing medium. POLICY CM-1.6.3 Enforce the coastal construction control line law and assure that projects within its area of jurisdiction abide by the setback requirements. POLICY CM-1.6.4 No new construction shall be allowed that threatens the stability of either the dune systems or the beach itself. Land development projects in beach areas east of S.R.- A1A should provide for dune stabilization and preservation utilizing Florida native dune vegetation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. POLICY CM-1.6.5: Prohibit motorized vehicles from operating on the dune system, except in public safety and emergency situations. POLICY CM-1.6.6 Partner with the Canaveral Port Authority to actively mitigate impacts of Port operations on the City's beaches. POLICY CM-1.6.7 Construction activity seaward of the CCCL must be consistent with the provisions of Florida Statutes chapter 161. OBJECTIVE CM-1.7 The City shall limit public expenditures that subsidize development permitted in CHHAs, except for restoration or enhancement of natural resources. The measurement of this Objective is the extent to which public expenditures are limited in coastal high -hazard areas except in the case of restoration or enhancement of natural resources and the degree to which the following Policy is implemented. POLICY CM-1.7.1 Incorporate a provision to implement the above Objective limiting public expenditures on infrastructure in the CHHA in its Land Development Regulations. BECAME OBJECTIVE CM-1.3 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 11 (NOW OBJECTIVE CM-1.4) OBJECTIVE CM-1.8 By 2027, the City shall prepare a post -disaster redevelopment plan to be implemented in the event of a significantly disruptive hazard situation, to include meaningful public input and reduce exposure of human life and public and private property to natural hazards.. The measurement of this Objective is the development of a post -disaster redevelopment plan plus the degree to which the following Policies are implemented. POLICY CM-1.8.1 Establish a mechanism and procedures for obtaining meaningful input in the preparation of the post -disaster redevelopment plan. POLICY CM-1.8.2 Establish post -disaster redevelopment and hazard mitigation plan. These guidelines will be designed to reduce or eliminate the exposure of human life and limit repeat damage to public and private property due to hurricane hazards, account for the future impacts of sea level rise, and to promote the long-term economic and fiscal viability of the City. POLICY CM-1.8.3 Minimize cumulative repetitive loss via the Code of Ordinances. OBJECTIVE CM-1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River Lagoon and Atlantic Ocean, plus the degree to which the following Policies are implemented. POLICY CM-1.9.1 The City shall evaluate the number, type, and location of existing shoreline access points to determine if more are needed and how they will be financed. POLICY CM-1.9.2 Encourage public access at the time of development of the areas along the beach. POLICY CM-1.9.3 Maintain public access to beaches renourished at public expense. POLICY CM-1.9.4 Abide by the public access requirements of the Coastal Zone Protection Act of 1985. POLICY CM-1.9.5 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 12 Provide publicly accessible multi -modal transportation facilities for beach and river shoreline access, to the extent feasible. OBJECTIVE CM-1.10 The City shall provide for protection, preservation, or sensitive reuse of historic resources, as identified . The measurement of this Objective is the extent to which historic resources are protected, preserved, or reused in a sensitive manner and the degree to which the following Policies are implemented. POLICY CM-1.10.1 Conduct an archeological survey to determine historically significant sites in need of protection, to the extent feasible and with relevant partner agencies, as applicable. POLICY CM-1.10.2 As historic resources are identified, develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. POLICY CM-1.10.3 Maintain a list of historic resource sites to be used to cross-check against proposed development. OBJECTIVE CM-1.11 The City shall establish level of service standards, areas of service, and phasing of infrastructure development within its jurisdiction, including the CHHA, ERA, and SFHA. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. POLICY CM-1.11.1 The Code of Ordinances will require developers to finance and install utilities including but not limited to improved stormwater drainage facilities, flood adaptation measures, multi -modal streetscape concepts, potable water, and sanitary sewer facilities to serve their proposed development and redevelopment, consistent with concurrency management and provisions to mitigate climate -related impacts. POLICY CM-1.11.2 Balance the cost of supporting infrastructure in the CHHA, ERA, and SFHA against the City's return on investment over the projected life -cycle of the infrastructure, vulnerability to sea level rise, and City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 13 other climate -related impacts when identifying projects for inclusion in the Schedule of Capital Improvements. POLICY CM-1.11.3 The City shall assess new or improved infrastructure and redevelopment projects for climate - related impacts, and plan accordingly to ensure long-term functionality. OBJECTIVE CM-1.12 The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. POLICY CM-1.12.1 Coordinate with partner agencies to align with area resource protection plans, such as aquatic preserve management plans and other regional regulatory plans, as applicable. POLICY CM-1.12.2 Consider the City's stormwater management, aquifer recharge, and water reuse policies and projects for consistency with the Indian River Lagoon Comprehensive Conservation and Management Plan, as well as other relevant plans and programs, to restore and protect water quality and natural systems. POLICY CM-1.12.3 Ensure new regulations to protect water resources are consistent with the SJRWMD environmental resource permitting and consumptive permitting use rules. POLICY CM-1.12.4 The Code of Ordinances will provide incentives for the use of low -impact development (LID) and green stormwater infrastructure (GSI) practices and techniques. OBJECTIVE CM-1.13 The City shall work to reduce or eliminate unsafe and inappropriate development and mitigate the flood risks to existing and planned development in high -risk flood areas due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise, as fiscally appropriate. POLICY CM-1.13.1 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 14 The Code of Ordinances will require new development and redevelopment in areas at risk of flooding due to storm surge, high tide events, flash floods, stormwater runoff, and sea level rise to incorporate building design specifications, engineering strategies, site development techniques, and green stormwater management practices to reduce potential risk and losses. POLICY CM-1.13.2 The Code of Ordinances will require new development and redevelopment to comply with or exceed the flood resistant construction standards required by the Florida Building Code and floodplain management requirements set forth in 44 C.F.R. part 60. POLICY CM-1.13.3 The Code of Ordinances will include regulations that meet or exceed the standards of the National Flood Insurance Program (NFIP). POLICY CM-1.13.4 As appropriate, participate in the Community Rating System (CRS) Program, which involves managing and documenting activities that the City performs to gain points under FEMA' s CRS Program. POLICY CM-1.13.5 The City shall require that new development and redevelopment in the ERA and CHHA that are at high risk of flooding due to storm surge, high tide events, flash floods, stormwater runoff, and sea level rise incorporate building design specifications, engineering solutions, site development techniques, and green stormwater management practices that reduce risk and losses due to flooding. POLICY CM- 1.13.6 Prohibit nursing homes, assisted living facilities, hospitals, or other group homes to be located in the ERA or CHHA. (Reference H-1.5.2) POLICY CM-1.13.7 Land development regulations will provide incentives, strategies, and techniques for new development and redevelopment in the CHHA, ERA, and SFHA to mitigate the effects of sea level rise, flooding, high -tide events, and storm surge on private and public property, including but not limited to: (1) Compact development patterns; (2) Low impact development (LID) including pervious pavement, native vegetation, and rainwater harvesting, that provide for site design, engineering, and stormwater management to reduce stormwater runoff, increase onsite storage, reuse, or absorption, and mitigate flood impacts; City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 15 (3) Dry and wet flood -proofing of structures; (4) Living shoreline installation and maintenance, including dune preservation and restoration; (5) Specialized fortification techniques recommended by the Florida Green Building Council; (7) New parking and parking lot site plan design standards to increase water capture, including reduction of required spaces; (8) Combination of LID and traditional stormwater infrastructure; and (9) Increased setback and maximum lot coverage requirements for properties in the CHHA, ERA, and SFHA as needed to address erosion and sea level rise. POLICY CM-1.13.8 Require development and redevelopment to have minimum elevations above Base Flood Elevation (BFE) in the ERA, CHHA, and SFHA consistent with current sea level rise projections and considering storm surge, flooding, and high tide events. OBJECTIVE CM-1.14 The City shall adopt and implement strategies which increase community resiliency and protect property, infrastructure and cultural and natural resources from the impacts of climate change, including sea level rise, changes in rainfall patterns and extreme weather events. POLICY CM-1.14.1 Collaborate with Brevard County to increase regional resilience by sharing technical expertise, participating in annual summits, assessing local vulnerabilities, advancing agreed -upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. POLICY CM-1.14.2 Collaborate with the East Central Florida Regional Planning Council and other appropriate governmental agencies in the preparation of a Vulnerability Analysis to determine the feasibility of establishing Adaptation Action Areas as provided by Section 163.3177(6)(g)(10), Florida Statutes, to identify areas vulnerable to coastal storm surge and sea level rise impacts. POLICY CM-1.14-3 City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 16 Coordinate with Brevard County, other local governments, federal, state and regional agencies and private property owners to develop initiatives and goals to address sea level rise, to include participation in the East Central Florida Regional Planning Council' s preparation of a Region al Resiliency Plan. POLICY CM-1.14.4 Promote the use of mitigation strategies to increase energy efficiency and conservation and to reduce greenhouse gas emissions. The mitigation strategies may include, but are not limited to, the adoption of Comprehensive Plan policies or land development regulations pertaining to land use and transportation strategies such as encouraging compact residential development, incentives for mixed use and redevelopment projects that maximize internal trip capture, clustering residential densities along transit routes, improving access to transit and non -motorized movement, requiring interconnectivity among adjoining parcels of land and incentives for green building methods. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 17 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 18 GOAL LU-1 The goal of the future land use element is to ensure the relationship amongst all land use categories to support the efficient use of land, accessibility to multi -modal transportation, resilient infrastructure, general compatibility, and community quality of life. The City adopts a long-term planning horizon of twenty years, 2045. OBJECTIVE LU-1.1 The City shall coordinate future land uses with the appropriate topography, soil conditions, flood vulnerabilities, and the availability and accessibility of public services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the following Policies are implemented: POLICY LU-1.1.1 The Code of Ordinances will require soil borings to assure that the soil is capable of bearing the proposed development or redevelopment prior to issuing a development permit, as appropriate. POLICY LU-1.1.2 Require developers to provide for the local sanitary sewer, reuse, and water systems to serve their developments. POLICY LU-1.1.3 The Code of Ordinances will require developers to provide all on -site infrastructure and their proportionate share of off -site infrastructure improvements to serve their development and redevelopment, including drainage and stormwater management, open space, safe and convenient mobility and parking. POLICY LU-1.1.4 Apply the adopted level -of -service standards to a proposed development and redevelopment before allowing the development to take place. POLICY LU-1.1.5 Require large scale residential development to provide an adequate range of services and facilities in accordance with the character of the development, and to reduce the direct or indirect cost to the public sector in providing such services and facilities. POLICY LU-1.1.6 Application for future land use map (FLUM) amendments must include data and analysis that demonstrate adequate water supplies and associated public facilities are or will be available to meet the projected water demand associated with the FLUM amendment. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 19 POLICY LU-1.1.7 Amendments to the Future Land Use Map that would result in increased density in the CHHA or ERA are prohibited (Reference CM 1.1.9), except where appropriate flood mitigation measures are implemented. OBJECTIVE LU-1.2 The City shall support redevelopment or renewal of blighted areas. The measurement of this Objective is the reduction of the number of blighted areas and the degree to which the following Policy is implemented. POLICY LU-1.2.1: Enforce housing and building codes in an effort to prevent any blighted areas. POLICY LU-1.2.2: Incentivize property owners to redevelop properties, as appropriate, via publicly available resources and programs. OBJECTIVE LU-1.3 The City shall facilitate the elimination or reduction of incompatible land uses. The measurement of this Objective is the consistency and compatibility of land uses within the City and the degree to which the following Policies are implemented. POLICY LU-1.3.1 Enforce those ordinances which regulate the land use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). POLICY LU-1.3.2 Require new development to be compatible with adjacent land uses. POLICY LU-1.3.3 The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 20 *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON, Conservation MXU, Mixed Use: maximum of 15 units/net acre unless a higher density of not to exceed 30 units/net acre is approved by the City Council in accordance with the provisions of Objective LU-1.8.A. POLICY LU-1.3.4 A. For purposes of providing certainty and predictability in the use and conveyance of land and interests therein, and protecting private property rights, of completed residential condominium, townhouse projects and other multi -family development projects existing on January 1, 2016, the City Council shall be authorized to issue a vested rights certificate vesting the residential density of a particular existing project in accordance with the requirements and conditions established by the City Council within the City's land development regulations. B. If a vested rights certificate is granted by the City Council pursuant to this policy, the residential density of the project shall be deemed vested and in compliance with the Comprehensive Plan even if such density exceeds the maximum densities set forth in POLICY LU-1.3.3. C. A vested rights certificate issued pursuant to this policy shall only be construed to vest the existing project and residential density stated in the certificate and shall not be construed as vesting the subject project regarding any other provision of the City's Comprehensive Plan, land development regulations, or Code which the project would otherwise appear to be inconsistent. D. Vested rights certificates issued pursuant to this policy shall be issued in writing and shall be executed by the Mayor upon approval by the City Council. The Mayor's signature shall be attested to by the City Clerk, who shall also emboss the certificate with the City Seal. E. Vested rights certificates approved and executed in accordance with this policy shall be recorded by the City Clerk in the Official Public Records of Brevard County, Florida. Upon City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 21 being recorded, the recorded vested rights certificate may be relied upon by the current and future owner(s) and mortgage holders of the subject property. OBJECTIVE LU-1.4 The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the following Policies are implemented. POLICY LU-1.4.1 The Code of Ordinances will require new development and redevelopment to protect environmentally -sensitive lands, e.g., beaches, dunes, wetlands, etc. POLICY LU-1.4.2 Designate and protect identified historically significant properties, to the extent possible, while considering future conditions and economic resources. POLICY LU-1.4.3 Maintain a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order. OBJECTIVE LU-1.5: The City shall coordinate coastal area population densities with the local hurricane evacuation plan and storm surge protections. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. POLICY LU-1.5.1 Density increases above those existing and allowed by the Future Land Use Element of this Plan are prohibited in the CHHA and SFHA, and land development regulations will further this prohibition. (Reference CM 1.4.7) POLICY LU-1.5.2 This Plan's Future Land Use Map will depict the CHHA, the area below the Category 1 storm surge elevation established by the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE LU-1.6 The City shall attempt to prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 22 POLICY LU-1.6.1 The Code of Ordinances will provide regulatory incentives for the development and redevelopment of infill parcels. POLICY LU-1.6.2 Encourage projects which are adjacent to existing public infrastructure. OBJECTIVE LU-1.7 The City shall ensure the availability of land suitable for utility facilities necessary to support proposed development and redevelopment. The measurement of this Objective is the availability of land for utility facilities. POLICY LU-1.7.1 Require developers to provide local sanitary sewer and water lines at the time of development. POLICY LU-1.7.2 Cooperate with the Cocoa Water Department for locating and obtaining land for additional water facilities which may be required to be located within Cape Canaveral at some future date. POLICY LU-1.7.3 New and additional potable water sourcing and generation are prohibited in the CHHA. (Reference CM-1.1.10) OBJECTIVE LU-1.8.A The Mixed -Use (MXU) land use category is intended to support very select mixed -use development projects of high quality that authentically integrate a creative mix of uses and genuinely embrace the vision statement of the City of Cape Canaveral established by the City Council. Such development projects are not otherwise allowed in other land use categories due to their mixed -use components. The MXU land use category is intended to promote convenient and efficient relationships between housing. employment. services, and a variety of transit opportunities. It is paramount that the City's interests be prioritized and achieved by an approved mixed -use development project in cooperation with a developer that shares the City's priorities and interests. The MXU future land use map designation shall be subject to the discretion of the City Council and the following conditions. which are set forth as policies as follows: POLICY LU-1.8.A1 The MXU land use category shall be a future land use map designation which may only be approved by the City Council on a project -by -project basis by ordinance and a written development agreement for a specific development project of a larger scale after considering the following factors: City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 23 1. Whether the proposed development genuinely embraces the vision statement of the City of Cape Canaveral established by the City Council; 2. Whether the proposed mix of residential, commercial (retail, restaurants, office), recreational, civic, open space and/or institutional uses for the mixed -use development are authentically integrated; compatible and in harmony with one another; meet the present and future needs of the community; and create a sense of place; 3. Pedestrian -friendly design mechanisms at the street level and providing buildings that are connected by internal streets and drives, and pedestrian connections and pathways. On site connections shall also provide connections to any existing pedestrian and bicycle infrastructure network to the maximum extent possible; 4. Economic and social benefits to the City and Community Redevelopment Agency; 5. Aesthetic quality and character, architectural design, and physical and visual scale; 6. Any proposed enhancements that developer will commit to completing by development agreement that will significantly: (i) bring the overall quality of the proposed development above and beyond the minimum requirements set forth in the City Code; (ii) enhance the surrounding neighborhood; and (iii) serve the public health, safety, and welfare of the citizens and visitors of Cape Canaveral; 7. Compatibility and harmony with the special and distinctive character of the City; 8. Compatibility with and betterment of surrounding neighborhoods and land uses; 9. Prohibits strip commercial uses; 10. Impact upon public facilities and the adequate provision of public services; 11. Adequacy of on -site parking and impact on off -site parking and implementation of shared parking concepts; 12. Project components have common features and support services such as parking, servicing, loading, utilities, amenities, drainage, public and open spaces, signs and other development features; 13. Consistence with the CRA Community Redevelopment Plan and any other existing master plan approved and being implemented by the City; 14. The manner in which the developer addresses flooding concerns applicable to the subject property as set forth in the City's Vulnerability Assessment; 15. Proven first-hand experience of the developer to successfully finance and complete one or more projects of such physical and visual scale and design, as evidenced by a written portfolio identifying and describing previously completed or substantially completed projects by the developer; 16. The negotiated terms and conditions of the development agreement including a development schedule deemed relevant and acceptable to the City Council; City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 24 17. Impact on environmental concerns including whether the development enhances the beauty and integrity of the natural environment; 18. Incorporation of resilient, sustainable and climate ready community design features that are based on best available and peer reviewed science to the maximum extent feasible and practicable; 19. Consideration of a recommendation from the Community Redevelopment Agency if the project is in conflict with the Agency's Redevelopment Plan, and/or requires an Agency contribution to support the project; 20. Compliance with applicable land development regulations and comprehensive plan policies; and 21. Any other factors as may be deemed relevant and necessary by the City Council. POLICY LU-1.8.A2 A MXU future land use map designation may only be approved by the City Council in conjunction with a development agreement setting forth the authorized land uses, densities, intensities, conceptual site plan of the proposed development project drawn to scale by a duly licensed engineer, development schedule, commitments, amenities, and such other specific details of the proposed development deemed relevant and necessary by the City Council to ensure compliance with Objective LU-1-8A and other applicable provisions of the Comprehensive Plan and City Code. The development agreement shall control the future development of the property and be deemed a condition of approval of the ordinance and recorded against the subject property and shall run with the land and become effective if the ordinance approving the MXU future land use map designation becomes effective in accordance with law. POLICY LU-1.8.A3 The Mixed -Use designation shall only be considered by application for a specific development project in very limited areas within the A1A Economic Opportunity Overlay District that are adjacent to and have primary vehicular access from one of the following major transportation corridors in the City: 1. Astronaut Boulevard (S.R. A1A); 2. Center Street; and 3. West Central Boulevard. POLICY LU-1.8.A4 The development site shall be a minimum of seven (7) net developable acres. Net developable area shall include the building site, recreation areas, open space, swimming pools, entrance features, required landscape areas, parking drives, setback areas and the similar spaces devoted exclusively to the approved mixed uses. However, such area shall not include wetlands, conservation areas unless required and approved by the City Council to be incorporated into the project as an amenity, land already developed, roadways, waterways, and lands unsuitable for City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 25 development for the exclusive use of the project's residents and occupants because of topographical features or for environmental reasons. POLICY LU-1.8.A5 The City estimates that a MXU designation approved by the City will consist of a well-balanced and compatible mix of residential and non-residential uses. However, because an approved MXU designation shall be unique to each development project, the City Council may allow, in its discretion, no more than seventy-five (75) percent of any one type of land use to dominate an approved MXU designation. POLICY LU-1.8.A6 Residential density shall be limited to a maximum of fifteen (15) units per net developable acre. However, if residential housing units are developed as part of a vertical mixed -use project a bonus of up to an additional fifteen (15) units per net developable acre (maximum total of thirty (30) units per net developable acre) may be approved subject to the discretion of the City Council pursuant to POLICY LU-1.8.1. POLICY LU-1.8.A7 The maximum height and elevations of any building shall be established by the City Council for the approved development project, but shall not exceed six (6) stories. Step backs shall be required for buildings four (4) stories or more. POLICY LU-1.8.A8 Due to the unique nature and importance of the MXU designation to serve the needs of the community, active involvement of residents, businesses and interested stakeholders in the planning and decision -making process will be encouraged. As such, in addition to the public hearing requirements required for comprehensive plan amendments under state law, the following additional public hearing requirements shall apply: A. Prior to submitting a formal application seeking approval of a MXU future land use map comprehensive plan amendment, the applicant shall submit a site layout and building elevation design in schematic or sketch form, and a list of proposed land uses, to the staff and City Council for a non -binding and preliminary review at a public meeting. At the meeting, the applicant will only receive initial feedback regarding the proposed project and no formal recommendation or commitments will be made at this time. Thereafter, the applicant can consider whether to submit a formal application seeking approval of an MXU designation. B. Upon submittal of a formal application seeking approval of an MXU designation, the applicant will be required to negotiate a draft development agreement with the City Manager prior to the application and development agreement being presented to the City Council for approval at a public hearing. C. The applicant shall be responsible for conducting at least one publicly noticed community workshop to inform neighboring property owners and interested residents and businesses City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 26 of the proposed application and answer questions relevant to the proposed application. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size, and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held on a date, time and location approved by the City prior to the application be presented to the City Council for approval at a public hearing. The applicant shall be required to schedule and additional workshop if the initial workshop has occurred more than six (6) months prior to the Council's hearing on the application, or the applicant's initially proposed plans have substantially and materially changed from the initial workshop or the City Council determines that an additional community workshop is required before making a final decision on any related application. POLICY LU-1.8.A9 An approved mixed -use designation shall be subject to approval of corresponding Planned Unit Development (PUD) zoning map designation by the City Council provided such zoning designation is consistent with the approved MXU future land use designation, development agreement and other requirements of law. A PUD zoning application may be processed in conjunction with the MXU future land use map application. The development agreement approved as part of the MXU designation may be modified to incorporate additional or revised conditions and requirements deemed relevant and necessary by the City Council during the PUD zoning approval process. OBJECTIVE LU-1.8.B The City Council may adopt land development regulations to allow "live -work units" or "live -work space" in commercial and industrial zoning districts which allows a building or spaces within a building to be used jointly for commercial and residential purposes where the residential use of the space is complimentary to the primary use as a place of work. Proposed live -work units authorized by land development regulations in applicable commercial and industrial zoning districts shall not be subject to the requirements set forth in Objective LU-1.8.A. OBJECTIVE LU-1.8.0 The City shall allow planned unit developments (PUD's) and establish PUD land development regulations using the following specific criteria: A. The PUD is an area of land developed as a single development project, which may include a phased development schedule, in conformity with a final development plan which is approved as part of the PUD rezoning and intended to provide for a variety of residential and compatible uses and common space, or a mixed -use development project approved pursuant to Objective LU- 1.8.A. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 27 B. The PUD is a concept which permits a development with unique development standards and requirements as set forth in the PUD zoning ordinance, final development plan and any development agreement deemed relevant and necessary by the City. It is intended to provide more flexible and desirable land use patterns and developments that create a greater sense of place, community and neighborhood identity, through superlative urban design and innovation. It is also intended to allow deviations in lot size, setbacks and other traditional bulk zoning regulations that would not otherwise be possible through strict application of Euclidian zoning, while adhering to the provisions of the comprehensive plan and applicable federal and state regulations. C. PUD land development regulations and procedures and standards will by guided by the following objectives: a. Accumulation of large areas of usable open space for recreation and preservation of natural amenities. b. Flexibility in design to take greatest advantage of natural land, trees, historical and other features. c. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environments and living units. d. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. e. Efficient use of land which may result in small street and utility networks and reduce development costs. f. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development. g. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land us, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors. h. PUD should utilize economical and efficient use of land, utilities and streets and other infrastructure. D. No PUD shall be approved by the City until such time as a PUD ordinance is adopted by the City in accordance with the PUD land development regulations and in conjunction with a final development plan and development agreement. OBJECTIVE LU-1.9 The City shall improve inadequate public facilities and services, substandard structures, and lot configurations in the blighted or other affected areas in the City through redevelopment and beautification activities. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 28 POLICY 1.9.1 Incentivize beautification and redevelopment activities via dedicated funding and program development. OBJECTIVE LU-1.10 The City shall coordinate with Brevard Public Schools with regard to the location of future public schools within the corporate boundaries of the City. POLICY 1.10.1 Traditional types of public schools (high schools, junior high/middle schools, and elementary schools) shall be an allowable use in all Future Land Use categories except the M-1 Industrial and PUB Public/Recreation. The City shall be cautious and attempt to reduce an impact of school siting and its compatibility to other uses for the Future Land use category that may be impacted. POLICY 1.10.2 High schools shall be required to be located on collector and arterial roads. POLICY 1.10.3 Seek opportunities to co -locate schools with public facilities, such as parks, libraries, resilience hubs, and community centers, as the need for these facilities is identified. City of Cape Canaveral Comprehensive Plan Goals, Objectives, and Policies July 2024 Page 29 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate Exhibit A The Florida Senate 2021 Florida Statutes (Including 2021E Session) Title XXVIII Chapter 380 NATURAL RESOURCES; LAND AND WATER CONSERVATION, RECLAMATION, MANAGEMENT AND USE Entire Chapter SECTION 093 Resilient Florida Grant Program; comprehensive statewide flood vulnerability and sea level rise data set and assessment; Statewide Flooding and Sea Level Rise Resilience Plan; regional resilience entities. 380.093 Resilient Florida Grant Program; comprehensive statewide flood vulnerability and sea level rise data set and assessment; Statewide Flooding and Sea Level Rise Resilience Plan; regional resilience entities.— (1) LEGISLATIVE INTENT. — (a) The Legislature recognizes that the state is particularly vulnerable to adverse impacts from flooding resulting from increases in frequency and duration of rainfall events, storm surge from more frequent and severe weather systems, and sea level rise. Such adverse impacts pose economic, social, environmental, and public health and safety challenges to the state. To most effectively address these challenges, funding should be allocated in a manner that prioritizes addressing the most significant risks. (b) The Legislature further recognizes that the adverse impacts of flooding and sea level rise affect coastal and inland communities all across the state. Consequently, a coordinated approach is necessary to maximize the benefit of efforts to address such impacts and to improve the state's resilience to flooding and sea level rise. (c) The Legislature further recognizes that to effectively and efficiently address and prepare for the adverse impacts of flooding and sea level rise in the state, it is necessary to conduct a comprehensive statewide assessment of the specific risks posed to the state by flooding and sea level rise and develop a statewide coordinated approach to addressing such risks. (2) DEFINITIONS. —As used in this section, the term: (a) "Critical asset" includes: 1. Transportation assets and evacuation routes, including airports, bridges, bus terminals, ports, major roadways, marinas, rail facilities, and railroad bridges. 2. Critical infrastructure, including wastewater treatment facilities and lift stations, stormwater treatment facilities and pump stations, drinking water facilities, water utility conveyance systems, electric production and supply facilities, solid and hazardous waste facilities, military installations, communications facilities, and disaster debris management sites. 3. Critical community and emergency facilities, including schools, colleges, universities, community centers, correctional facilities, disaster recovery centers, emergency medical service facilities, emergency operation centers, fire stations, health care facilities, hospitals, law enforcement facilities, local government facilities, logistical staging areas, affordable public housing, risk shelter inventory, and state government facilities. 4. Natural, cultural, and historical resources, including conservation lands, parks, shorelines, surface waters, wetlands, and historical and cultural assets. (b) "Department" means the Department of Environmental Protection. (3) RESILIENT FLORIDA GRANT PROGRAM. — (a) The Resilient Florida Grant Program is established within the department. (b) Subject to appropriation, the department may provide grants to a county or municipality to fund the costs of community resilience planning and necessary data collection for such planning, including comprehensive plan amendments and necessary corresponding analyses that address the requirements of s. 163.3178(2)(f); vulnerability assessments that identify or address risks of flooding and sea level rise; the development of projects, plans, and https://www.flsenate.gov/laws/statutes/2021/380.093 1/5 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate policies that allow communities to prepare for threats from flooding and sea level rise; and projects to adapt critical assets to the effects of flooding and sea level rise. (c) A vulnerability assessment conducted pursuant to paragraph (b) must encompass the entire county or municipality; include all critical assets owned or maintained by the grant applicant; and use the most recent publicly available Digital Elevation Model and generally accepted analysis and modeling techniques. An assessment may encompass a smaller geographic area or include only a portion of the critical assets owned or maintained by the grant applicant with appropriate rationale and upon approval by the department. Locally collected elevation data may also be included as part of the assessment as long as it is submitted to the department pursuant to this paragraph. 1. The assessment must include an analysis of the vulnerability of and risks to critical assets, including regionally significant assets, owned or managed by the county or municipality. 2. Upon completion of a vulnerability assessment, the county or municipality shall submit to the department the following: a. A report detailing the findings of the assessment. b. All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the assessment. When submitting such data, the county or municipality shall include: (I) Geospatial data in an electronic file format suitable for input to the department's mapping tool. (II) Geographic information system data that has been projected into the appropriate Florida State Plane Coordinate System and that is suitable for the department's mapping tool. The county or municipality must also submit metadata using standards prescribed by the department. c. A list of critical assets, including regionally significant assets, that are impacted by flooding and sea level rise. (d) A vulnerability assessment conducted pursuant to paragraph (b) must include all of the following, if applicable: 1. Peril of flood comprehensive plan amendments that address the requirements of s. 163.3178(2)(f), if the county or municipality is subject to such requirements and has not complied with such requirements as determined by the Department of Economic Opportunity. 2. The depth of: a. Tidal flooding, including future high tide flooding, which must use thresholds published and provided by the department. To the extent practicable, the analysis should also geographically display the number of tidal flood days expected for each scenario and planning horizon. b. Current and future storm surge flooding using publicly available National Oceanic and Atmospheric Administration or Federal Emergency Management Agency storm surge data. The initial storm surge event used must equal or exceed the current 100-year flood event. Higher frequency storm events may be analyzed to understand the exposure of a critical asset. c. To the extent practicable, rainfall -induced flooding using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. Future boundary conditions should be modified to consider sea level rise and high tide conditions. d. To the extent practicable, compound flooding or the combination of tidal, storm surge, and rainfall -induced flooding. 3. The following scenarios and standards: a. All analyses in the North American Vertical Datum of 1988. b. At least two local sea level rise scenarios, which must include the 2017 National Oceanic and Atmospheric Administration intermediate -low and intermediate -high sea level rise projections. c. At least two planning horizons that include planning horizons for the years 2040 and 2070. d. Local sea level data that has been interpolated between the two closest National Oceanic and Atmospheric Administration tide gauges. Local sea level data may be taken from one such gauge if the gauge has a higher mean sea level. Data taken from an alternate tide gauge may be used with appropriate rationale and department approval, as long as it is publicly available or submitted to the department pursuant to paragraph (b). (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA LEVEL RISE DATA SET AND ASSESSMENT.— https://www.flsenate.gov/laws/statutes/2021/380.093 2/5 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate (a) By July 1, 2022, the department shall complete the development of a comprehensive statewide flood vulnerability and sea level rise data set sufficient to conduct a comprehensive statewide flood vulnerability and sea level rise assessment. In developing the data set, the department shall compile, analyze, and incorporate, as appropriate, information related to vulnerability assessments submitted to the department pursuant to subsection (3) or any previously completed assessments that meet the requirements of subsection (3). 1. The Chief Science Officer shall, in coordination with necessary experts and resources, develop statewide sea level rise projections that incorporate temporal and spatial variability, to the extent practicable, for inclusion in the data set. This subparagraph does not supersede regionally adopted projections. 2. The data set must include information necessary to determine the risks to inland and coastal communities, including, but not limited to, elevation, tidal levels, and precipitation. (b) By July 1, 2023, the department shall complete a comprehensive statewide flood vulnerability and sea level rise assessment that identifies inland and coastal infrastructure, geographic areas, and communities in the state that are vulnerable to flooding and sea level rise and the associated risks. 1. The department shall use the comprehensive statewide flood vulnerability and sea level rise data set to conduct the assessment. 2. The assessment must incorporate local and regional analyses of vulnerabilities and risks, including, as appropriate, local mitigation strategies and postdisaster redevelopment plans. 3. The assessment must include an inventory of critical assets, including regionally significant assets, that are essential for critical government and business functions, national security, public health and safety, the economy, flood and storm protection, water quality management, and wildlife habitat management, and must identify and analyze the vulnerability of and risks to such critical assets. When identifying critical assets for inclusion in the assessment, the department shall also take into consideration the critical assets identified by local governments and submitted to the department pursuant to subsection (3). (c) The department shall update the comprehensive statewide flood vulnerability and sea level rise data set and assessment every 5 years. The department may update the data set and assessment more frequently if it determines that updates are necessary to maintain the validity of the data set and assessment. (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN. — (a) By December 1, 2021, and each December 1 thereafter, the department shall develop a Statewide Flooding and Sea Level Rise Resilience Plan on a 3-year planning horizon and submit it to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The plan must consist of ranked projects that address risks of flooding and sea level rise to coastal and inland communities in the state. (b) The plan submitted by December 1, 2021, before the comprehensive statewide flood vulnerability and sea level rise assessment is completed, will be a preliminary plan that addresses risks of flooding and sea level rise identified in available local government vulnerability assessments. The plan submitted by December 1, 2022, will be an update to the preliminary plan. The plan submitted by December 1, 2023, and each plan submitted by December 1 thereafter, shall address risks of flooding and sea level rise identified in the comprehensive statewide flood vulnerability and sea level rise assessment. (c) Each plan submitted by the department pursuant to this subsection must include the following information for each recommended project: 1. A description of the project. 2. The location of the project. 3. An estimate of how long the project will take to complete. 4. An estimate of the cost of the project. 5. The cost -share percentage available for the project. 6. A summary of the priority score assigned to the project. 7. The project sponsor. (d)1. By September 1, 2021, and each September 1 thereafter, counties and municipalities may submit to the department a list of proposed projects that address risks of flooding or sea level rise identified in vulnerability https://www.flsenate.gov/laws/statutes/2021/380.093 3/5 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate assessments that meet the requirements of subsection (3). A regional resilience entity may also submit such proposed projects to the department on behalf of one or more member counties or municipalities. 2. By September 1, 2021, and each September 1 thereafter, each water management district and flood control district may submit to the department a list of any proposed projects that mitigate the risks of flooding or sea level rise on water supplies or water resources of the state and a corresponding evaluation of each project. 3. Each project submitted to the department by a county, municipality, regional resilience entity, water management district, or flood control district for consideration by the department for inclusion in the plan must include: a. A description of the project. b. The location of the project. c. An estimate of how long the project will take to complete. d. An estimate of the cost of the project. e. The cost -share percentage available for the project. f. The project sponsor. (e) Each project included in the plan must have a minimum 50 percent cost share unless the project assists or is within a financially disadvantaged small community. For purposes of this section, the term "financially disadvantaged small community" means: 1. A municipality that has a population of 10,000 or fewer, according to the most recent April 1 population estimates posted on the Office of Economic and Demographic Research's website, and a per capita annual income that is less than the state's per capita annual income as shown in the most recent release from the Bureau of the Census of the United States Department of Commerce that includes both measurements; or 2. A county that has a population of 50,000 or fewer, according to the most recent April 1 population estimates posted on the Office of Economic and Demographic Research's website, and a per capita annual income that is less than the state's per capita annual income as shown in the most recent release from the Bureau of the Census of the United States Department of Commerce that includes both measurements. (f) To be eligible for inclusion in the plan, a project must have been submitted by a county, municipality, regional resilience entity, water management district, or flood control district pursuant to paragraph (d) or must have been identified in the comprehensive statewide flood vulnerability and sea level rise assessment, as applicable. (g) Expenses ineligible for inclusion in the plan include, but are not limited to, expenses associated with: 1. Aesthetic vegetation. 2. Recreational structures such as piers, docks, and boardwalks. 3. Water quality components of stormwater and wastewater management systems, except for expenses to mitigate water quality impacts caused by the project or expenses related to water quality which are necessary to obtain a permit for the project. 4. Maintenance and repair of over -walks. 5. Park activities and facilities, except expenses to control flooding or erosion. 6. Navigation construction, operation, and maintenance activities. 7. Projects that provide only recreational benefits. (h) The department shall implement a scoring system for assessing each project eligible for inclusion in the plan pursuant to this subsection. The scoring system must include the following tiers and associated criteria: 1. Tier 1 must account for 40 percent of the total score and consist of all of the following criteria: a. The degree to which the project addresses the risks posed by flooding and sea level rise identified in the local government vulnerability assessments or the comprehensive statewide flood vulnerability and sea level rise assessment, as applicable. b. The degree to which the project addresses risks to regionally significant assets. c. The degree to which the project reduces risks to areas with an overall higher percentage of vulnerable critical assets. d. The degree to which the project contributes to existing flooding mitigation projects that reduce upland damage costs by incorporating new or enhanced structures or restoration and revegetation projects. https://www.flsenate.gov/laws/statutes/2021/380.093 4/5 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate 2. Tier 2 must account for 30 percent of the total score and consist of all of the following criteria: a. The degree to which flooding and erosion currently affect the condition of the project area. b. The overall readiness of the project to proceed in a timely manner, considering the project's readiness for the construction phase of development, the status of required permits, the status of any needed easement acquisition, and the availability of local funding sources. c. The environmental habitat enhancement or inclusion of nature -based options for resilience, with priority given to state or federal critical habitat areas for threatened or endangered species. d. The cost-effectiveness of the project. 3. Tier 3 must account for 20 percent of the total score and consist of all of the following criteria: a. The availability of local, state, and federal matching funds, considering the status of the funding award, and federal authorization, if applicable. b. Previous state commitment and involvement in the project, considering previously funded phases, the total amount of previous state funding, and previous partial appropriations for the proposed project. c. The exceedance of the flood -resistant construction requirements of the Florida Building Code and applicable flood plain management regulations. 4. Tier 4 must account for 10 percent of the total score and consist of all of the following criteria: a. The proposed innovative technologies designed to reduce project costs and provide regional collaboration. b. The extent to which the project assists financially disadvantaged communities. (i) The total amount of funding proposed for each year of the plan may not exceed $100 million. Upon review and subject to appropriation, the Legislature shall approve funding for the projects as specified in the plan. Multiyear projects that receive funding for the first year of the project must be included in subsequent plans and funded until the project is complete, provided that the project sponsor has complied with all contractual obligations and funds are available. (j) The department shall initiate rulemaking by August 1, 2021, to implement this section. (6) REGIONAL RESILIENCE ENTITIES. —Subject to specific legislative appropriation, the department may provide funding for the following purposes to regional entities that are established by general purpose local governments and whose responsibilities include planning for the resilience needs of communities and coordinating intergovernmental solutions to mitigate adverse impacts of flooding and sea level rise: (a) Providing technical assistance to counties and municipalities. (b) Coordinating multijurisdictional vulnerability assessments. (c) Developing project proposals to be submitted for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. Hi story. — s. 1, ch. 2021-28. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2024 State of Florida. https://www.flsenate.gov/laws/statutes/2021/380.093 5/5 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate Exhibit B The Florida Senate 2021 Florida Statutes (Including 2021E Session) Title XI Chapter 163 COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL PROGRAMS RELATIONS Entire Chapter SECTION 3178 Coastal management. 163.3178 Coastal management.— (1) The Legislature recognizes there is significant interest in the resources of the coastal zone of the state. Further, the Legislature recognizes that, in the event of a natural disaster, the state may provide financial assistance to local governments for the reconstruction of roads, sewer systems, and other public facilities. Therefore, it is the intent of the Legislature that local government comprehensive plans restrict development activities where such activities would damage or destroy coastal resources, and that such plans protect human life and limit public expenditures in areas that are subject to destruction by natural disaster. (2) Each coastal management element required by s. 163.3177(6)(g) shall be based on studies, surveys, and data; be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and contain: (a) A land use and inventory map of existing coastal uses, wildlife habitat, wetland and other vegetative communities, undeveloped areas, areas subject to coastal flooding, public access routes to beach and shore resources, historic preservation areas, and other areas of special concern to local government. (b) An analysis of the environmental, socioeconomic, and fiscal impact of development and redevelopment proposed in the future land use plan, with required infrastructure to support this development or redevelopment, on the natural and historical resources of the coast and the plans and principles to be used to control development and redevelopment to eliminate or mitigate the adverse impacts on coastal wetlands; living marine resources; barrier islands, including beach and dune systems; unique wildlife habitat; historical and archaeological sites; and other fragile coastal resources. (c) An analysis of the effects of existing drainage systems and the impact of point source and nonpoint source pollution on estuarine water quality and the plans and principles, including existing state and regional regulatory programs, which shall be used to maintain or upgrade water quality while maintaining sufficient quantities of water flow. (d) A component which outlines principles for hazard mitigation and protection of human life against the effects of natural disaster, including population evacuation, which take into consideration the capability to safely evacuate the density of coastal population proposed in the future land use plan element in the event of an impending natural disaster. The Division of Emergency Management shall manage the update of the regional hurricane evacuation studies, ensure such studies are done in a consistent manner, and ensure that the methodology used for modeling storm surge is that used by the National Hurricane Center. (e) A component which outlines principles for protecting existing beach and dune systems from human -induced erosion and for restoring altered beach and dune systems. (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component 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 the Federal Emergency Management Agency. 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. https://www.flsenate.gov/Laws/Statutes/2021/163.3178 1/4 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate 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 s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. (g) A shoreline use component that identifies public access to beach and shoreline areas and addresses the need for water -dependent and water -related facilities, including marinas, along shoreline areas. Such component must include the strategies that will be used to preserve recreational and commercial working waterfronts as defined in s. 342.07. (h) Designation of coastal high -hazard areas and the criteria for mitigation for a comprehensive plan amendment in a coastal high -hazard area as defined in subsection (8). The coastal high -hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, shall be at the discretion of local government. (i) A component which outlines principles for providing that financial assurances are made that required public facilities will be in place to meet the demand imposed by the completed development or redevelopment. Such public facilities will be scheduled for phased completion to coincide with demands generated by the development or redevelopment. (j) An identification of regulatory and management techniques that the local government plans to adopt or has adopted in order to mitigate the threat to human life and to control proposed development and redevelopment in order to protect the coastal environment and give consideration to cumulative impacts. (k) A component which includes the comprehensive master plan prepared by each deepwater port listed in s. 311.09(1), which addresses existing port facilities and any proposed expansions, and which adequately addresses the applicable requirements of paragraphs (a)-(k) for areas within the port and proposed expansion areas. Such component shall be submitted to the appropriate local government at least 6 months prior to the due date of the local plan and shall be integrated with, and shall meet all criteria specified in, the coastal management element. "The appropriate local government" means the municipality having the responsibility for the area in which the deepwater port lies, except that where no municipality has responsibility, where a municipality and a county each have responsibility, or where two or more municipalities each have responsibility for the area in which the deepwater port lies, "the appropriate local government" means the county which has responsibility for the area in which the deepwater port lies. Failure by a deepwater port which is not part of a local government to submit its component to the appropriate local government shall not result in a local government being subject to sanctions pursuant to s. 163.3184. However, a deepwater port which is not part of a local government shall be subject to sanctions pursuant to s. 163.3184. (3) Expansions to port harbors, spoil disposal sites, navigation channels, turning basins, harbor berths, and other related inwater harbor facilities of ports listed in s. 403.021(9); port transportation facilities and projects listed in s. 311.07(3)(b); intermodal transportation facilities identified pursuant to s. 311.09(3); and facilities determined by the state land planning agency and applicable general-purpose local government to be port -related industrial or commercial projects located within 3 miles of or in a port master plan area which rely upon the use of port and intermodal transportation facilities may not be designated as developments of regional impact if such expansions, projects, or facilities are consistent with comprehensive master plans that are in compliance with this section. (4) Improvements and maintenance of federal and state highways that have been approved as part of a plan approved pursuant to s. 380.045 or s. 380.05 shall be exempt from the provisions of s. 380.27(2). (5) The appropriate dispute resolution process provided under s. 186.509 must be used to reconcile inconsistencies between port master plans and local comprehensive plans. In recognition of the state's commitment to deepwater ports, the state comprehensive plan must include goals, objectives, and policies that establish a statewide strategy for enhancement of existing deepwater ports, ensuring that priority is given to water -dependent land uses. As an https://www.flsenate.gov/Laws/Statutes/2021/163.3178 2/4 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate incentive for promoting plan consistency, port facilities as defined in s. 315.02(6) on lands owned or controlled by a deepwater port as defined in s. 311.09(1), as of the effective date of this ad shall not be subject to development -of - regional -impact review provided the port either successfully completes an alternative comprehensive development agreement with a local government pursuant to ss. 163.3220-163.3243 or successfully enters into a development agreement with the state land planning agency and applicable local government pursuant to s. 380.032 or, where the port is a department of a local government, successfully enters into a development agreement with the state land planning agency pursuant to s. 380.032. Port facilities as defined in s. 315.02(6) on lands not owned or controlled by a deepwater port as defined in s. 311.09(1) as of the effective date of this act shall not be subject to development -of - regional -impact review provided the port successfully enters into a development agreement with the state land planning agency and applicable local government pursuant to s. 380.032 or, where the port is a department of a local government, successfully enters into a development agreement with the state land planning agency pursuant to s. 380.032. (6) Each port listed in s. 311.09(1) and each local government in the coastal area which has spoil disposal responsibilities shall provide for or identify disposal sites for dredged materials in the future land use and port elements of the local comprehensive plan as needed to assure proper long-term management of material dredged from navigation channels, sufficient long-range disposal capacity, environmental sensitivity and compatibility, and reasonable cost and transportation. The disposal site selection criteria shall be developed in consultation with navigation and inlet districts and other appropriate state and federal agencies and the public. For areas owned or controlled by ports listed in s. 311.09(1) and proposed port expansion areas, compliance with the provisions of this subsection shall be achieved through comprehensive master plans prepared by each port and integrated with the appropriate local plan pursuant to paragraph (2)(k). (7) Each county shall establish a county -based process for identifying and prioritizing coastal properties so they may be acquired as part of the state's land acquisition programs. This process must include the establishment of criteria for prioritizing coastal acquisitions which, in addition to recognizing pristine coastal properties and coastal properties of significant or important environmental sensitivity, recognize hazard mitigation, beach access, beach management, urban recreation, and other policies necessary for effective coastal management. (8)(a) A proposed comprehensive plan amendment shall be found in compliance with state coastal high -hazard provisions if: 1. The adopted level of service for out -of -county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; or 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir- Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available; or 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan. (b) For those local governments that have not established a level of service for out -of -county hurricane evacuation by following the process in paragraph (a), the level of service shall be no greater than 16 hours for a category 5 storm event as measured on the Saffir-Simpson scale. (c) This subsection shall become effective immediately and shall apply to all local governments. Local governments shall amend their future land use map and coastal management element to include the new definition of coastal high -hazard area and to depict the coastal high -hazard area on the future land use map. History.—s. 7, ch. 85-55; s. 8, ch. 86-191; s. 24, ch. 87-224; s. 7, ch. 93-206; s. 899, ch. 95-147; s. 11, ch. 96-320; s. 65, ch. 99-251; s. 2, ch. 2005-157; s. 2, ch. 2006-68; s. 4, ch. 2009-85; s. 44, ch. 2010-102; s. 14, ch. 2011-139; ss. 7, 80, ch. 2012-96; s. 6, ch. 2012-99; s. 1, ch. 2015-69; s. 27, ch. 2020-2. https://www.flsenate.gov/Laws/Statutes/2021/163.3178 3/4 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2024 State of Florida. https://www.flsenate.gov/Laws/Statutes/2021/163.3178 4/4 Comprehensive Planning for the Peril of Flood Dr. Barbara Lenczewski, AICP Community Resiliency Planner Bureau of Community Planning & Growth June 26, 2019 D FLORIDA DEPARTMENT q ECONOMIC OPPORTUNITY CURRENT & FUTURE IMPACTS OF FLOODING • Tidal Flooding • Saltwater Intrusion • Failing Drainage • Malfunctioning Canals • Beach Erosion • Habitat loss • Reduced Groundwater Storage FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY FLORIDA'S 2000-2016 FLOODPLAIN POPULATION GAINS • 1,000 • 5,000 • 20.0 00 • 50..000 Decline SOURCE: Governing analysis of standardized Census tract data from IPUMS NHGIS, University of Minnesota; FEMA NFHL data. From an article in Governing The States and Localities, Risky Waters, Everyone knows it's a bad idea to build new development on flood - prone land. So why do we keep doing it?, August, 2018 FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY FUTURE PROJECTIONS OF SEA LEVEL RISE 80 Source: Southeast Florida Regional Climate Compact 70 LL a> ▪ ) 660 aw ▪ 50 - c a)`° c v' 92 a 40 T.) a) a) 30 tea) asL a.) V7 11) fU V 20 co -- cc 10 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 FLORIDA DEPARTMENTo!ECONOMIC OPPORTUNITY 5 COMPREHENSIVE PLAN: PERIL OF FLOOD REQUIREMENTS Section 163.7138(2)(f)1-6, Florida Statutes "Peril of Flood" Community Planning Requirements The 2015 Florida Legislature directed jurisdictions that have a Coastal Management Element as a part of their comprehensive plan to include a redevelopment component with principles that must be used to eliminate inappropriate and unsafe development in the coastal areas - when opportunities arise. DEO staff review these plan updates for compliance with the legislative requirements. FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY 6 PERIL OF FLOOD: RELEVANT DATA & ANALYSIS The component must include development and redevelopment principles, strategies and engineering solutions that reduce the flood risk in coastal areas that are the results of: • High -tide events Identify where your • Storm surge vulnerabilities are • Flash floods located on maps. • Sto rmwate r runoff • Related impacts of sea -level rise — future projections FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY INUNDATION TYPES Not all are the same! Short Term (Episodic): • Storm Surge • Tsunami • Inland Flooding • Shallow Coastal Flooding Long Term (Chronic): • Relative Sea Level Change FLORIDA DEPARTMENT1 ECONOMIC OPPORTUNITY 8 WHY MAP INUNDATION? • Visualize flooding by showing the potential height and extent of the water. • Better understand the consequences or potential impacts of flooding. • Allow for long-term land use planning and adaptation to coastal risk. • Promote public education and awareness. • Allow for GIS analysis of impacted areas with other data for decision making. From: Train the Trainers, SFRPC, Coastal Resiliency Initiative Grant, DEP, 2015 FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY 9 COMPREHENSIVE PLAN The "Peril of Flood" requirements group into two parts. The first part is outlined below: 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas, which result 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 the Federal Emergency Management Agency (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 Florida. The strategies need to be identified now and included in the plan. FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY COMPREHENSIVE PLAN The second part of the "Peril of Flood" requirements include the following: 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, F.S., be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by FEMA to achieve flood insurance premium discounts for their residents. FLORIDA DEPARTMENT ,/ ECONOMIC OPPORTUNITY Easily adoptable as policies into the plan reiterating these requirements. PERIL OF FLOOD DATA &ANALYSIS MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend - SFHA (A5) FEMA Flood Zone SFHA (Al) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise all foot -- City Sorest 0 a]o Rea 1,70o 1.60.1 -- Feet MAP SERIES: FLOOD HAZARD Coastal Managerent Area North MAP IA: Storm Surge Categories Legend Storm Surge Zones 11CcaadalHigh Hazard Areal 0 2 II II 3 4 5 City Boundary 0 500 1.000 1.500 2,000 ® Feet Cleo. RC UN hAnr m —I_I ....Wall NI IMh Are MC 131h Ani Mailmen May NL'llrh Rro� 11120 UV Mgmm Lew KAN 1,I NL ath An Ai NL'mih AIn Mr prN 1» :' In NMI ML Ni 1ol Are Caro Lams Mid J .:7 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade rr 1970'e (101 rl 18001{91 1950's {27) 20E2'4(251 a. 2O10-2015{14) Special Flood Hazard Area s(SFHAI 1. ) 2X0 0.000 4e00 ®Feet Multiple data sets, when used together, provide useful information for identifying the jurisdiction's vulnerable areas, locations and facilities. FLORIDA DEPARTMENT 6f ECONOMIC OPPORTUNITY PERIL OF FLOOD DATA &ANALYSIS Data and analysis is used to define vulnerable areas. Example: Titusville Objective 2.1: The coastal storm area shall include the following areas: • The Coastal High Hazard Area (CHHA) and • Areas of the city projected to be inundated by sea -level rise as early as the year 2040 and through 2100 based on maps developed by the City using the University of Florida GeoPlan Center Sea Level Scenario Sketch Planning Tool. The City used specific data taken from professionally accepted sources to define areas of concern. FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY WHY AND HOW TO USE THESE TOOLS • Evaluate SLR scenarios and impacts to assets/populations over time. • Identify a broad timeline for tipping points (when do SLR impacts get really bad?). • Match timing of impacts with planning horizons. • Engage community in discussion. • Utilize information to prioritize transportation improvements. • Analyze evacuation routes for susceptibility to permanent inundation. • Use base GIS layers of inundation for community vulnerability assessments. Target Audience/ Users MPOs, RPCs, counties and municipalities doing regional level community resilience planning. From: Train the Trainers, SFRPC, Coastal Resiliency Initiative Grant, DEP, 2015 FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY REDEVELOPMENT COMPONENT Goals, Objectives, Policies (GOPs) and Maps While developing community flood protection planning strategies, GOPs and maps often fit into one of these five approaches: 1. Procedural - Outreach and education, real estate disclosure. 1. Protection - "Hard" and "soft" structurally defensive measures. 2. Accommodation - Altering the design and use of structures to handle flooding. 3. Strategic Relocation - Incremental relocation development to safer areas. 4. Avoidance - Directing new development away from vulnerable areas. FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY REDEVELOPMENT COMPONENT GOPs and mapping can direct the elimination of inappropriate and unsafe development when opportunities arise. Opportunities may include: • The local planning agency and land development code review committees. • Comprehensive plan amendments. • Comprehensive Plan, Evaluation and Appraisal Review updates. • Infrastructure project proposals and capital improvement budgeting. • Grant proposals and mitigative funding sources (e.g., BP Oil funds). • Post -disaster redevelopment funding and actions. • The local mitigation strategy (LMS) plan participation and plan updates. FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY 16 REDEVELOPMENT COMPONENT Example: Boynton Beach Policy 7.7.3 "The floodplain administrator/building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, ... all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the City Flood Prevention Code." FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY 17 REDEVELOPMENT COMPONENT Example: Titusville Policy 2.1.2: "The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the area inundated by a Category 2 hurricane as depicted by the SLOSH model, as reflected in the Sea Level Rise Vulnerability Assessment prepared by the East Central Florida Regional Planning Council." FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY 18 DEVELOPMENT TECHNIQUES & BEST PRACTICES Objective and Policy Set: Titusville Example Objective 3.2: The City's shoreline includes natural resources which shall be preserved from encroachment and development. Policy 3.2.2: The City shall minimize the disturbance of natural shorelines, which provide stabilization and protect landward areas from storm impacts, where feasible. Policy 3.2.4: The City will maintain shoreline protection and erosion control by: • Facilitating the installation and maintenance of native shoreline vegetation along appropriate areas of beach and • Considering hard structures, such as seawalls, only when alternative options are unavailable. Note: The City is identifying the preferred use of natural system components to form a defense against storm impacts. FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY CITY OF PORT ORANGE Post Disaster Opportunity - Strategic Relocation I Spruce Creek Road BENT OAKS Note Individual Lots in Green are THE HALAL - now city -owned from RFCP and HMGP purchases. 1 f t -u LEISURE V Figure 1: Various properties that were purchased The community used FEMA funds for buyouts. f"I FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY 20 ADAPTATION ACTION AREA(s) (AAAs) A designation that identifies an area that experiences coastal flooding due to extreme high tides and storm surge and that is vulnerable to the related impacts of rising sea levels. AAAs assist with the prioritization of funding for infrastructure needs and adaptation planning. 2. 2ND ST Legend Exhibit CC-Z. Adaptation Action Areas SVY 1a4TN ST Town of Cutler Bay Adaptation Action Areas High Emphasis Area - Major Roads I= Town of Culler Bay Moderate Emphasis Area Streets Water 0.5 Miles FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY 21 EFFECTIVE ADAPTATION STRATEGIES 1) Land -use regulations & building codes. 2) Limits on insurance subsidies. 3) Redesign and retrofitting of structures. 4) Updates for drainage, flood control, and water supply infrastructure. 5) Increased coastal protection. From: Train the Trainers, SFRPC, Coastal Resiliency Initiative Grant, DEP, 2015 FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY ACCOMODATION AND PROTECTION A green infrastructure approach turns a floodable area into a community asset. Photo source: City of Tallahassee FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY NFIP COMMUNITY RATING SYSTEM (CRS) CRS credits lower flood insurance rates. NOAA's Coastal Flood Exposure Mapper is particularly useful for Floodplain Management Planning (Activity 510), Element 512.a • Credit for mapping areas of future flooding due to sea level rise • Credit for notifying property buyers of sea level rise • Credit for regulatory map based on future conditions • Class 4 rating or higher requires minimized increases in future flooding • Class 1 rating requires flood elevations that reflect future conditions Organizing adaptation options Retreat, Accommodation Protection 300 series activities related to public information 400 series activities related to mapping and regulations 500 series activities related to flood damage reduction Source: W. Thomas Hawkins, OF College of Law, 2016 http://www.tbrpc.org/onebay/obwg/060316/Hawkins_OF_CRS_ClimateAdapt_06032016.pdf FLORIDA DEPARTMENT 6f ECONOMIC OPPORTUNITY PERIL OF FLOOD DATA &ANALYSIS Available Data and Mapping Resources: • NOAA Coastal Flood Exposure Mapper https://coast.noaa.gov/digitalcoast/tools/flood-exposure • NOAA, Sea Level Rise Viewer https://coast.noaa.gov/digitalcoast/tools/slr • NOAA Sea Level Rise Data Download https://coast.noaa.gov/slydata/ • OF GeoPlan Center, Sea Level Scenario Sketch Planning Tool http://sIs.geoplan.ufl.edu • Climate Central http://www.climatecentral.org/ • Florida Division of Emergency Management (DEM) Regional Evacuation Studies https://www.floridadisaster.org/res • Florida DEM Storm Surge Zone Atlases https://www.floridadisaster.org/planprepare/disaster-preparedness-maps/ FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY QUESTIONS Q�Q FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY 26 CONTACT Thank You. If you have questions or comments about this presentation or need to discuss a future project, please contact me. Dr. Barbara Lenczewski, AICP Bureau of Community Planning & Growth Barbara.Lenczewski@deo.myflorida.com Phone: 850-717-8502 FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY City of Cape Canaveral, FL Enhanced Resilience Area Exhibit D Indian River Lagoon Legend Enhanced Resilience Area Coastal Construction Control Line (CCCL) 11. USAGE 2070 (2.85 feet) MI NORA 2070 (4.47 feet) Cape Canaveral City Limits Lagoon & Ocean Atlantic Ocean A 0 0.075.15 0.3 0.45 9.6 Miles 1 inch = 1,600 feet Esn. HERE. Ga rainn S!reetMap conlrrbutors. anc ?he GI user cornmunrty Exhibit E Impervious Cover by Zoning Class Impervious < 10% 1O% - 20% 20% — 30% 30% — 40% 40% — 50% 50% — 60% 60% — 70% 70% — 80% 80% — 90% > 90% 0 0.25 0.5 TO -di] r - 1 [c-i I , CR'2 [1ilf?'2 R IP-1 R2JR-2 R'3 R-21.TR-2 R -3 hia-LIR R-3 FAriggi int R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-2 R-213 R-2 R-2 R-2R-3 0..2 R-3 R-2 R-3 R-2 R-3 R-2 R-2 R-3 R-2 R-2 R-3 R-2 R-2 R-3 Ri2] R-2 1 Miles CAPE CANAVERAL 2063 �lJ THE INSTITUTE FOR WATER AND ENVIRONMENTAL RESILIENCE STETSON R iTY US Army Corps of Engineers Sea Level Rise Projection _ 2040 Hazard 240a 2070 Hazard Zone 2100 Hazard Zone I r ewrralrx us p40.•r A NOAA Sea Level Rise Projection ll) � 2040 Hazard pone 2070 Hazartl zone 2100 Hazard Zona 2040 - 1.85 feel sea novel r.se 2070 - 4.41 feat sea revel nse 2100 - 848 feet sea revel rise Exhibit F A - Cal 3 talet 1.70 (cat SLR pisso usAcc ▪ CI 3 WW1 2.55 feet SLR 0070 RSACE Cal 3 wriM 5 t5 feet StR (2100 uSACE1 - Cat 3 %Rh 2.5 kat SLR (2050 NOM) • Cat 3 rail 4.5 faei SLR (2070 NOW OK 3 with 5.5 140 SLR (2100 NOW SRES (51e.. SU,. Z.-C. Feet relative to 1992 Mean Sea Let Trident Pier Tide Gauge Relative to Sea -Level Rise Projection Scenarios Exhibit H November 1994 - November 2022 0.9 0.8 NOAA Intermediate LOW: 1.75' @2100 0.7 ECFRPC Low: 5_ 15' @21OO NOAA Intermediate High: 16_08' @2100 ECFRPC High: 0.48' @2100 0.6 0.5 0.4 0.3 0.2 0.1 - 0.1 - 0_2 - 0.3 Gg ak 3 8 8 5 - Trident Pier -NOAA Intermediate Low WS EP CO CO LL AIR -ECERP Low - NOAA Intermediate High-ECFRPC High 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities. Department: City Clerk's Office Summary: Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities (SCLOC). Those eligible to be a Voting Delegate/Director and an Alternate include the member municipality's Elected Officials, City Manager, City Attorney, City Clerk and Department Directors. The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and as its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Council Member Kim Davis is the current 2024 Voting Delegate/Director with Council Member Don Willis as the Alternate. It is now incumbent upon City Council to appoint a Voting Delegate/Director and an Alternate to the SCLOC for calendar year 2025. Submitting Department Director: Mia Goforth Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Appoint a Voting Delegate/Director and an Alternate to the SCLOC. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Discuss and provide direction on the possible implementation of an Emergency Action Policy for using City -owned equipment on private property. [Item paused and directed to be brought back to the December 17, 2024 Meeting per Council Consensus.] Department: Public Works/Capital Projects Summary: On Friday, October 11, 2024, numerous areas of the City showed slight to moderate flooding during and after Hurricane Milton. One of the areas that received more moderate flooding was Cape Canaveral Mobile Estates, a private property off of North Atlantic Avenue. Staff and the Mayor visited this site on many different occasions and gave guidance to the property manager on ways to relieve the flooding. Staff was requested to possibly use the City -owned portable sewage pump to pump the water out into the canal. The City is required to have this pump by the Florida Department of Environmental Protection in order to address emergencies related to the City's sewer system and sewer pumps cannot be used to pump out stormwater into the canal. The City has never authorized the use of its own pumps for this purpose. In the current budget, funds are allocated for the purchase of a stormwater pump. This event triggered the need for a discussion about using the City's coming stormwater pump on private property. Submitting Department Director: June Clark/Tim Carlisle Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Discuss and provide direction on the possible implementation of an Emergency Action Policy for using City -owned equipment on private property. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Regulation of Dogs on the Beach, Off -Leash Areas, and Penalties for Non -Compliance. Submitted to: City Council Summary: In recent years, there has been an increasing number of dog owners utilizing our city's beach areas to exercise and socialize their pets. There have also been concerns regarding dog behavior, public safety, and beach cleanliness. Recently the City had an incident of a dog attack on one of our public beach areas. (Attachment 1). The city does not permit dogs on the beach or off -leash in public. (Attachment 2) Our Brevard County Sheriff's Deputies make every effort to enforce City and County ordinances regarding dogs/pets in public. The logistics of enforcing and citing individuals not adhering to these ordinances is difficult. Enforcement mechanisms for issues such as off -leash dogs, dogs causing disturbances, and failure to clean up after pets need to be revisited. Discussion Points: 1. Designated Dog Areas: ■ Exploration of additional amenities for dogs, such as confined exercise areas. 2. Leash Laws and Dog Regulations: ■ Safety considerations regarding off -leash dogs, including risks to general public, small children, other pets, and wildlife. ■ Proposals for clearer signage and public education regarding leash laws and safe dog behaviors in public. 3. Penalties and Fines: ■ Establishment of more severe fines for violations of off -leash dogs in non -designated areas, failure to pick up after pets, or aggressive dog behavior. ■ Consideration of tiered penalties based on the frequency or severity of violations. ■ Review of warning system for first-time offenders and the potential for significant fines upon subsequent violations. ■ Review of enforcement mechanisms, including increased patrols, public reporting systems, how best to report animal issues and collaboration with local animal control officers. Requested Action: • City staff to present recommendations on modifications to current dog policies within the City, including proposals for off -leash areas and a framework for penalties and enforcement. Submitting Council Member: Don Willis Attachments: 1. Woman hospitalized from alleged pit bulldog attack 2. The City Code of Ordinances Attachment 1 FOX 35 ORLANDO Woman hospitalized from alleged pitbull attack at Cape Canaveral beach: 'Slashed to pieces' Esther Bower Mon, November 18, 2024 at 6:50 PM EST 2 min read CAPE CANAVERAL, Fla. - A woman is recovering after a vicious dog attack in Brevard County. She was hospitalized for three days because of all the bites on her body. The Brevard County Sheriff's Office is investigating, and the man who helped get the dog off her during the attack is speaking out to warn others about the unexpected danger. Kim tells us, they were taking an evening walk on the beach, and an unknown dog was playing in the water. Moments later, the dog allegedly darted towards them. He says the pitbull weighed 100 pounds and only attacked for 10 seconds but almost killed his partner on the beach. Bite marks and blood stained pants are what's left behind after the alleged pitbull attack on Harbor Drive in Cape Canaveral. "It happened 3,2, 1 - 10 seconds later it was all finished, she came out with part of her arm gaping open where I could see the arteries, the tendons. Her leg is slashed to pieces," said Kim, who's still traumatized by the attack. It happened last Thursday, and the victim was rushed to Cape Canaveral Hospital. Thankfully, she survived. "I'm surprised she made it out," he said. "It looked like she was going to pass away right there." The Brevard County Sheriff's Office says the dog is in quarantine for 10 days. The owner was cited for the attack. Cape Canaveral, FL Code of Ordinances Attachment 2 ARTICLE II. - COUNTY ANIMAL CONTROL ORDINANCE Sec. 14-26. - Adopted. The county animal control ordinance, as amended, is adopted by reference as though it was copied in this article fully. (Code 1981, § 701.01) Sec. 14-27. - Animal control officer. Wherever the term "animal control officer" is used in the county animal control ordinance, it shall be construed to mean the person appointed by, contracted with or employed by the board of county commissioners or by the city to carry out the duties and enforcement of this article. (Code 1981, § 701.03) Sec. 14-28. - Animals prohibited in parks and on beaches. (a) No animal shall be allowed in any public park or on any beach in the city, unless a specific park or beach area is designated as an area where animals shall be permitted. Such designation shall be by resolution adopted by the city council. Parks and beach areas so designated shall be properly identified and posted. (b) Any animal found in a park or on a beach not designated for such shall be deemed in violation of this article, and the owner thereof shall be punished by issuance of a citation by the animal control officer or a law enforcement officer with jurisdiction in the city. Such citation shall result it a fine of $35.00. Failure to pay the fine within ten days of issuance of the citation shall result in the citation being transferred to the state attorney's office and shall be considered for punishment as provided insection 1-15. (c) Dogs trained to assist or aid disabled or handicapped persons, when such dogs are actually being used to assist or aid such persons, shall not be prohibited from any park or beach. (Code 1981, § 701.05) Secs. 14-29-14-50. - Reserved. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Update to the January 24, 2024 Special Council Meeting. Department: City Manager's Office and Community and Economic Development Summary: At its May 21, 2024 Regular Meeting, the Council reached consensus to keep the January 24, 2024 Special Council Meeting Update on the Agenda each month as a discussion item. At the September 17, 2024 Regular City Council Meeting, City Council discussion included: the Mayor being the Member of City Council closest to the issues referenced herein; request for the Mayor to list frustrations and ideas to bring this item to closure; the Mayor meeting with City Manager, City Attorney, City Engineer, and others to articulate all concerns toward bringing this item to closure; the Mayor calling for a Special Meeting of the City Council prior to the October 15, 2024 Regular Council Meeting after meeting with City Manager, City Attorney, City Engineer and others, to provide the Mayor's perspective; utilizing the audit capabilities of BS&A; and whether this Agenda Item needs to continue recurring. No action was taken. On September 19, 2024, the City Attorney forwarded a Demand Letter regarding the Fillmore Avenue properties. On September 24, 2024, the Mayor, City Manager and City Attorney met to review the Code Enforcement Record related to Jackson Avenue. On September 30, 2024 the Mayor, City Manager, City Attorney, IT Manager and Senior Code Enforcement Officer met to review the Code Enforcement Record related to Jackson Avenue. At the October 15, 2024 Regular City Council Meeting, this item was postponed to the November 19, 2024 Regular City Council Meeting. At the November 19, 2024 Regular City Council Meeting, the Mayor indicated his desire to continue looking into Code Enforcement records. In a subsequent meeting with the City Manager, the Mayor requested a meeting with a representative from BS&A. As of the time of the publishing of the December 17, 2024 Regular City Council Meeting Agenda, the meeting had not yet occurred, and has been scheduled to occur on December 17, 2024, at 10:00 AM. Please see the table below, which provides status updates for each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes (Attached): 304-316 Fillmore Avenue Project: Item Status 1. Obtain and distribute to City Council a Complete. See Laserfiche folder: CC-LF\Public building permit inspections report showing Records Requests and Reports\Fillmore date, type of inspection and disposition, and Updates From Staff. in the case of failed inspections, cited codes The Building Official (BO) resigned on April 30, and any inspector notes. This report applies 2024. However, prior to his departure, the to all codes applicable to all permitted former BO stated that a written statement construction performed at 304, 306, 314 and would be provided to the C&ED Director at the City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 10 Page 2 of 4 316 Fillmore Avenue. Include Building Official's statement that all necessary inspections were ultimately approved. 2. Obtain an Engineering Report of: a. Existing site conditions, and b. a review of all site -related permit documents submitted by Allen Engineering and former City Engineer John Pekar for all site -related permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations). The purpose and scope of the report is intended to ensure that the original design, as revised, meets or exceeds all applicable City Codes related to site development, including but not limited to the onsite stormwater drainage system and its connection to the municipal stormwater drainage system. The report shall note any improvements which deviate from original plans and indicate whether such deviation complies with City Code or, if not, recommendations for modifications necessary to comply with City Code. Note: particular attention shall be given to a revision related to the municipal stormwater inlet in the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is connected. In the original plan, a new storm inlet was to be located to the east of the old (original) inlet, but the revision called for the old inlet to remain in its original location. A connecting pipe size was changed to accommodate. 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all lines underground, consistent with City Code. 4. Utilizing the Engineering Report (above), exercise available remedies to gain completion of the on -going site improvements as recommended in the Kimley Horn and Associates (KHA) Stormwater Report. The new Building Official will provide the statement when the project is completed. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Kimley Horn & Associates (KHA) submitted a Stormwater Memorandum dated April 4, 2024. KHA reviewed this Memorandum at the April 22, 2024 Regular City Council Meeting. The Memorandum included information regarding the findings of their site visit, findings of their review of all site -related permit documents and also included recommendations. On September 10, 2024, at Staff's request, KHA submitted a documented titled "Villas at Fillmore Ave — Stormwater Addendum", indicating the documents reviewed by KHA pertaining to the Villas at Fillmore Project. This document has been saved in the same Laserfiche folder. Complete. FPL stated that due to security reasons, it is not their practice to provide utility plans. The removal of the overhead lines (Spectrum) was finalized on 3/20/24. FPL removed the utility pole on 4/11/24. On July 31, 2024, City Staff, including, the City Manager, City Attorney, City Engineer and City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 10 Page 3 of 4 compliance on identified City Code -related deficiencies; and report status updates to the City Council. 5. City Manager and City Attorney present any findings and/or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. C&ED Deputy Department Director met with Allen Engineering, Mr. Wittekind, representing Cape III, LLC, and his attorney to review compliance issues remaining. The City Attorney has been in contact with the attorney representing Cape III, LLC. The City Manager met with owners of the Fillmore Townhomes. On September 19, 2024, the City Attorney forwarded a Demand Letter to the various parties to development. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Presented at the July 10, 2024 City Council Special Meeting. 114 116 118 and 120 Jackson Avenue: Item 1 Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January 24, 2024. The Report shall include all records available, whether generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law Status Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. • What is included: o Field Notes o Official Notices (Notices of Violation, Revised Notices of Violation, Code Enforcement Board minutes, Code Enforcement Board Orders, Notices of Hearings, Orders of the Special Magistrate, Special Magistrate Agenda Packets. • What is not included: Working draft documents were determined to be unhelpful and have created some confusion. For these reasons, working draft documents have not been placed in the Laserfiche folder. To be presented in a future City Council update. City of Cape Canaveral City Council Meeting • December 17, 2024 Agenda Item # 10 Page 4 of 4 and City Code to be followed by our City Code Enforcement Officers. 3. For our City Code Enforcement employees, provide a listing of: a. Required certifications, training and ongoing continuing education, and b. Achieved certifications, training and ongoing continuing education. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report of closed Code Enforcement Cases. Include other important data provided by BS&A such as date created, status, and or any other information necessary to monitor. 5. Present any findings and/or opportunities to be distributed to the City Council on ways the City can improve our Community Development Department as it relates to Code Enforcement. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Ongoing. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Additional: Due to lack of substantiating evidence, the entry under 5/24/23, "Staff received a complaint, while conducting the site visit from the owner of the thrift store regarding the filling in of the required swale", has been stricken from the Code Officer Field Notes record. Moving forward, Code Enforcement Staff will document all violations and compliance with date and time stamped video, photographic, or other appropriate evidence, as applicable, prior to creating the record. Submittin • De • artment Director: Todd Morle Attachment: Minutes of January 24, 2024 Regular City Council Meeting Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Discuss Update to the January 24, 2024 Special Council Meeting. A • • roved b Cit Mana • er: Todd Morle CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday January 24, 2024 2:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 2:30 p.m.; Council Member Jackson led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney Deputy City Clerk Administrative/Financial Services Director Building Official Deputy Building Official Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Code Enforcement Officer C+ED Sustainability Manager C+ED Senior Planner C+ED Resiliency Services Engineering Manager C+ED Executive Assistant/Department Admin. Human Resources/Risk Management Director Public Works Services Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant APPROVAL OF AGENDA AS WRITTEN OR WITH Mayor Pro Tem Kellum, seconded by Council Memb The motion carried 5-0. Todd Morley Anthony Garganese (arrived 2:33 p.m.) Daniel LeFever John DeLeo Michael German Shaun Milligan Dave Dickey Brian Palmer Chris Robinson Zachary Eichholz Kyle Harris Alexis Miller Renee Yother Melinda Huser June Clark Jessica Erdman Lisa Day Scott Molyneaux AMENDMENTS: A motion was made by er Willis, to approve the Agenda as written. PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged inaction from the City regarding her Code Enforcement complaints, and accused City Code Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing that has resulted in her being sued. ITEM FOR CONSIDERATION: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council and Staff discussion ensued and included better communication and friendliness with business City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 2 of 3 owners, resolving long-standing property owner issues, prioritization of Code Enforcement cases, investigative and enforcement steps regarding complaints, Staff preference for achieving voluntary compliance from and working with identified violators, use of formal notices of violations, magistrate hearings, liens, and potential foreclosures for violators that do not come into compliance, City options for further enforcement are limited once a lien is in place, State property rights restrictions on Code Enforcement officers' ability to physically/visibly investigate some complaints, training a new City Code Enforcement officer, there being no known private contracting service for Code Enforcement officers, further utilization of existing software to track existing Code Enforcement cases, and potential revisions to older/archaic parts of the City Code. Discussion shifted to stormwater and utility issues at Fillmore Avenue that resulted from revisions to the site plan, prior verbal communications between the former City Engineer and former Public Works Services Director, who has the authority to request such revisions on the part of the contractor, whether the individual that requested the revision was authorized to do so, recent internal administrative policy revisions to eliminate verbal approvals and authorizations, providing better documentation, and attempts to coordinate with Florida Power and Light (FPL) regarding building development/construction site utilities. City Manager Morley read a letter into the record from Gary Wittekind of Cape III, LLC regarding the status of working with FPL on the project. Mayor Morrison read a text message into the record from Jim Hurst, property owner at 306 Fillmore Avenue, regarding the most recent FPL actions at the site. Discussion continued regarding the City's utility franchise agreement with FPL, how much leverage, if any, the City has in regards to FPL's actions, next steps on the Fillmore Avenue project, reversion of stormwater inlet and swale revisions, Allen Engineering to perform a recertification review of the property's stormwater system at the conclusion of the project, an upcoming Staff meeting with representatives from the Fillmore Avenue project, preference to have a member of City Council present at said meeting, costs of contracting an independent engineering firm to review the project, past Council Meeting debates on costs and necessity of engineering reviews and analyses, and preferences to move forward expeditiously. Council reached Consensus to request the following, regarding the Fillmore Avenue project, as amended from Mayor Morrison's submitted item summary: 1. Obtain and distribute to City Council a building permit inspections report showing date, type of inspection and disposition, and in the case of failed inspections, cited codes and any inspector notes. This report applies to all codes applicable to all permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement that all necessary inspections were ultimately approved. 2. Obtain an Engineering Report of: a. Existing site conditions, and b. a review of all site -related permit documents submitted by Allen Engineering and former City Engineer John Pekar for all site -related permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations). The purpose and scope of the report is intended to ensure that the original design, as revised, meets or exceeds all applicable City Codes related to site development, including but not limited to the onsite stormwater drainage system and its connection to the municipal stormwater drainage system. The report shall note any improvements which deviate from original plans and indicate whether such deviation complies with City Code or, if not, recommendations for modifications necessary to comply with City Code. Note: particular attention shall be given to a revision related to the municipal stormwater inlet in the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is connected. In the original plan, a new storm inlet was to be located to the east of the old (original) inlet, but the revision called for the old inlet to remain in its original location. A connecting pipe size was changed to accommodate. 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all lines underground, consistent with City Code. City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 3 of 3 4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance on identified City Code -related deficiencies; and report status updates to the City Council. 5. City Manager and City Attorney present any findings and or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. Mayor Morrison recessed the Meeting at 4:55 p.m.; the Meeting reconvened at 5:07 p.m. Discussion ensued regarding the properties at 116, 118 and 120 Jackson Avenue and included Code Enforcement Staff efforts to populate the BS&A database with complete documentation, focusing on the most recent year and working backwards, upcoming finalization of a Code Enforcement Officer Handbook that will include a flowchart and standardized procedures, public access to BS&A and related training videos, training and certification requirements for Code Enforcement officers, building reports with BS&A and what may or may not be able to be included in such reports. Council reached Consensus to request the following, regarding the properties at 116,118 and 120 Jackson Avenue, as amended from Mayor Morrison's submitted item summary: 1. Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January 24, 2024. The Report shall include all records available, whether generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law and City Code to be followed by our City Code Enforcement Officers. 3. For our City Code Enforcement employees, provide a listing of: a. Required certifications, training and ongoing continuing education, and b. Achieved certifications, training and ongoing continuing education. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report of closed Code Enforcement Cases. Include other important data provided by BS&A such as date created, status, and or any other information necessary to monitor. 5. Present any findings and or opportunities to be distributed to the City Council on ways the City can improve our Community Development Department as it relates to Code Enforcement. Mayor Morrison permitted Peg Schaller additional time to speak. Ms. Schaller asked Council to expand its scope of its request for Code Enforcement records back to 2016, detailed an open violation for sewage, alleged months and years of inaction on Code Enforcement complaints, claimed increases in insurance premiums and difficulties with acquiring and maintaining insurance policies for her business as a result of the City's actions and inactions, and questioned whether the City's Code Enforcement officers engaged in practices of retaliation and sexism. ADJOURNMENT: The Special Meeting was adjourned at 5:32 p.m. GAiUA t, �v b� ''9� 1SL :2J Daniel LeFe • • p to ty Clerk aelpry.'3vt' es Morrison, Mayor ITEM # 11 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: November 26, 2024 RE: Monthly Financial Report — October 2024 Staff is pleased to present the Monthly Financial Report for the period ending October 31, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 8.3% of the total annual budget. Total General Fund Departmental costs are .7% below target. Administrative Services is running below target at 7%. Community Development/Code Enforcement/Economic Development is under target at 5.5%. Building Department is under target at 4.7%. Protective Services are over target by 8.2%. Fire Rescue is running above target by 6.1%. Parks Recreation/Community Affairs is 2.6% below target. Non -Departmental expenditures are below budgetary projections by 4.6%. The Community Redevelopment Agency (CRA) has incurred $310,670 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 4.4%. The Stormwater Fund is under target cost at 1.6%. The City's General Fund investments total $5,279,870.31; Special Revenue investments total $1,601,205.62; and Enterprise Fund investments total $1,227,097.04. The Grand total of all investments is $8,108,172.97. The Annual Rate of Return for each Investment is attached. *Important Note regarding General Fund Expenditures reflected in this report The negative balance in the General Fund ($372,824) is the result of multiple factors: • Accruals have been only taken for one month of revenues as opposed to two since it is the first month of the new Fiscal Year. • BCSO & Canaveral Fire Rescue have been paid for two months on October 15`and 31' • The City will not receive any of its new Ad Valorem for FY 25 until the end of November. *Important Note regarding Library Fund Expenditures reflected in this report The negative balance in the Library Fund ($17,434) is the result of the City not receiving its Ad Valorem for FY 25. These funds should arrive from the State at the end of November. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended October 31, 2024 Revenue (15t month of fiscal year = 8.3%) Ad Valorem Tax To date, the City has received 0.00% of Ad Valorem revenue. The City should see the first Ad Valorem payment in November, and the highest income in December. Local Option Gas Tax This amount represents an accrual for October. This is on target at 8.3%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents accruals for October. These are on target at 8.3%. Permits and Licenses Permits and Licenses are below target at 3.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are slightly below target at 7.7%. This amount represents some actuals for October, as well as some accruals. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local t/z Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October. These are on target at 8.1%. Recreation Fees (Leisure Services) Recreation Fees are below target at 6.6%. Investment Income Investment Income is below target at 5.9%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October. It is on target at 8%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October. It is right on target at 8.3%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 GENERAL FUND FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 3,763,256 313,605 8.3% 313,605 Cash Forward R&R 200,000 - 0.0% 16,667 Ad Valorem Taxes 6,307,153 - 0.0% 525,596 Local Option Gas Tax 335,550 27,963 8.3% 27,963 Franchise Fees 1,058,867 88,882 8.4% 88,239 Utility Taxes 1,525,589 123,082 8.1% 127,132 Communications Service Tax 438,000 36,500 8.3% 36,500 Permits & Licenses 921,008 30,200 3.3% 76,751 Federal Grants 285,000 0.0% 23,750 State Grants 75,000 - 0.0% 6,250 State Shared Revenue 1,145,454 88,556 7.7% 95,455 Local Shared Revenue 225,900 - 0.0% 18,825 Charges for Services 47,837 - 0.0% 3,986 Garbage & Recycling Revenue 1,898,405 153,556 8.1% 158,200 Recreation Fees 236,120 15,587 6.6% 19,677 Fines & Forfeitures 11,075 0.0% 923 Interest Income 365,737 21,670 5.9% 30,478 Fire Hydrant Rental Fee 85,637 - 0.0% 7,136 Miscellaneous Revenue 70,249 975 1.4% 5,854 PAL Program Revenue 50,000 20,837 41.7% 4,167 Transfer from School Guard Crossing Fund 2,100 - 0.0% 175 Transfer from CRA Fund 814,173 300,000 36.8% 67,848 Transfer from Impact Fees Fund 1,200,000 - 0.0% 100,000 Contribution from Wastewater Fund 820,656 68,388 8.3% 68,388 Contribution from Stormwater Fund 19,566 1,631 8.3% 1,631 TOTAL REVENUES 21,902,332 1,291,431 5.9% 1,825,194 EXPENDITURE Legislative 80,945 1,295 1.6% 6,745 Administrative Services 737,496 51,667 7.0% 61,458 Comm Dev/Code Enf/Econ Development 1,001,787 54,775 5.5% 83,482 Protective Services 3,830,808 633,587 16.5% 319,234 Fire / Rescue Services 2,947,237 424,167 14.4% 245,603 Building 457,139 21,589 4.7% 38,095 Infrastructure Maintenance 3,453,155 87,508 2.5% 287,763 Resiliency Division 418,246 18,111 4.3% 34,854 Parks Recreation + Community Affairs 1,832,052 104,152 5.7% 152,671 Legal Services 328,481 - 0.0% 27,373 Solid Waste 1,900,208 125,512 6.6% 158,351 Debt Service 815,099 - 0.0% 67,925 Non -Departmental 3,785,553 141,893 3.7% 315,463 Contingency 314,126 - 0.0% 26,177 TOTAL EXPENDITURES 21,902,332 1,664,255 7.6% 1,825,194 Excess of Revenues Over/ (Under) Expenditures (372,824) Page 1 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 POLICE EDUCATION FUND REVENUE Police Education Income Interest Income TOTAL REVENUES EXPENDITURE Education & Training Contingency TOTAL EXPENDITURES FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 972 - 0.0% 81 300 50 16.6% 25 1,272 50 3.9% 106 1,272 0.0% 106 1,272 0.0% 106 Excess of Revenues Over/ (Under) Expenditures 50 FIRE PROTECTION FUND REVENUE Cash Forward R&R Interest Income TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES Excess of Revenues Over/ (Under) Expenditures FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 250 0.0% 21 250 0.0% 21 250 0.0% 21 250 0.0% 21 Page 2 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 SCHOOL CROSSING GUARD FUND REVENUE Cash Forward Parking Fine Surcharge TOTAL REVENUES EXPENDITURE Transfer to General Fund Contingency TOTAL EXPENDITURES Excess of Revenues Over/ (Under) Expenditures FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 2,100 0.0% 175 440 0.0% 37 2,540 0.0% 212 2,540 0.0% 212 0.0% 2,540 0.0% 212 LIBRARY FUND REVENUE Ad Valorem Taxes Interest Income TOTAL REVENUES FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 83,166 0.0% 6,931 8,796 1,399 15.9% 733 91,962 1,399 1.5% 7,664 EXPENDITURE Operating Expenses 37,725 18,833 Capital Purchases 30,000 - Contingency 24,237 49.9% 0.0% 0.0% 3,144 2,500 2,020 TOTAL EXPENDITURES 91,962 18,833 20.5% 7,664 Excess of Revenues Over/ (Under) Expenditures (17,434) Page 3 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 500,000 Shared Revenue from Cape Canaveral 1,489,627 0.0% 124,136 Shared Revenue from Brevard County 1,360,216 - 0.0% 113,351 Interest Income 8,000 980 12.3% 667 Transfer from General Fund 500,000 669 0.1% 41,667 TOTAL REVENUES 3,857,843 1,650 0.0% 279,820 EXPENDITURE Operating Expenses 105,215 670 0.6% 8,768 Capital Purchases 2,593,000 10,000 0.4% 216,083 Debt Service 858,146 - 0.0% 71,512 Transfer to General Fund 0 300,000 100.0% 0 Contingency 301,482 0.0% 25,124 TOTAL EXPENDITURES 3,857,843 310,670 8.1% 321,487 Excess of Revenues Over/ (Under) Expenditures (309,020) **There was an erroneous JE for a transfer of $300,000 from the CRA to the GF in October 2024. This will be reversed and corrected in November 2024. Page 4 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 IMPACT FEES FUND REVENUE Cash Forward Interest from Investment Impact Fees - Police Impact Fees - Fire/Rescue Impact Fees - Transportation Impact Fees - Parks/Recreation Impact Fees - General Government Impact Fees - Aerial Fire Truck Impact Fees - Library Transfer in from General Fund TOTAL REVENUES EXPENDITURE Transfer to General Fund Contingency TOTAL EXPENDITURES FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,200,000 38,484 6,753 45,471 31,713 19,041 24,009 4,559 0.0% 100,000 100.0% 0.0% 3,207 0.0% 563 0.0% - 0.0 % 3,789 0.0% 2,643 0.0% 1,587 0.0% 2,001 0.0% 1,365,471 4,559 0.3% 13,789 1,200,000 165,471 0.0% 13,789 1,365,471 0.0% 13,789 Excess of Revenues Over/ (Under) Expenditures 4,559 LAW ENFORCEMENT TRUST FUND REVENUE Interest - State Transfer from General Fund TOTAL REVENUES EXPENDITURE School Resource Officer TOTAL EXPENDITURES FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 42 7 17.0% 15,728 0.0% 4 1,311 15,770 7 0.0% 1,314 15,770 0.0% 1,314 15,770 0.0% 1,314 Excess of Revenues Over/ (Under) Expenditures 7 Page 5 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 WASTEWATER ENTERPRISE FUND FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 553,896 0.0% 46,158 Federal Grant 127,500 - 0.0% 10,625 Utility Operating Income 5,250,000 421,306 8.0% 437,500 Utility Penalty Income 68,000 6,628 9.7% 5,667 Sewer Assessment Fees 168,730 - 0.0% 14,061 Reuse Hook -Up Fees 2,925 - 0.0% 244 Reclaimed Water Revenue 91,650 7,438 8.1% 7,638 Investment Income 16,800 2,836 16.9% 1,400 Sale of Fixed Assets 0 - 0.0% 0 Transfer from General Fund 0 0.0% 0 Transfer from CRA Fund 43,047 0.0% 3,587 SRF Loan Proceeds 1,560,000 0.0% 130,000 Miscellaneous Income 4,500 0.0% 375 Insurance Claims 0.0% TOTAL REVENUES 7,887,048 438,208 5.6% 657,254 EXPENDITURE Personal Services Operating Expenses Debt Service Capital Purchases Insurance Claims Contribution to General Fund Contingency TOTAL EXPENSES 2,140,206 1,927,426 764,649 2,215,000 193,661 73,804 8,730 820,656 68,388 19,111 9.0% 3.8% 0.0% 0.4% 0.0% 8.3% 0.0% 178,350 160,619 63,721 184,583 68,388 1,593 7,887,048 344,583 4.4% 657,254 Excess of Revenues Over/ (Under) Expenses 93,625 Page 6 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended October 31, 2024 STORMWATER ENTERPRISE FUND FY 2024-2025 Oct 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 620,000 0.0% 51,667 Grants 0 0.0% 0 Stormwater Utility Fees 1,104,000 91,084 8.3% 92,000 Miscellaneous Income 0 - 0.0% 0 Investment Income 9,600 2,047 21.3% 800 Transfer from General Fund 550,600 - 0.0% 45,883 TOTAL REVENUES 2,284,200 93,131 4.1% 190,350 EXPENDITURE Personal Services Operating Expenses Capital Purchases Contribution to General Fund Contingency TOTAL EXPENSES 384,479 267,684 1,561,700 19,566 50,771 31,590 2,996 1,631 8.2% 1.1% 0.0% 8.3% 0.0% 32,040 22,307 130,142 1,630 4,231 2,284,200 36,216 1.6% 190,350 Excess of Revenues Over / (Under) Expenses 56,915 Page 7 of 7 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of October 31, 2024 Funds were invested with the State of Florida Division of Treasury, with a rate of return 4.52% Interest earned for the month: General Fund Committed (Constrained by Council) Expansion Recreation Expansion Police A1A Replenishment Capital Equipment Renewal & Replacement Total Committed Assigned - General Fund Emergency Reserve Unassigned Total General Fund SPIA Investments Florida Safe General Fund Emergency Reserve Florida Safe Note 2021 Florida Safe ARPA Reserve Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: ■ Total General Fund Investments: Special Revenue Funds Restricted (by outside party) Police Education Fund Library Fund Impact Fees Law Enforcement Trust Fund Total Restricted $ 31,696.90 46,987.74 35,574.44 48,000.00 217,104.39 $ 347,666.58 $ 1,495,349.01 $ 577,732.96 $ 2,420,748.55 1,825,609.38 1,033, 512.38 2,859,121.76 5,279,870.31 13,279.84 372,356.18 1,213,669.38 1,900.23 $ 1,601,205.62 * Total Special Revenue Fund SPIA Investments: 1,601,205.62 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted Wastewater Fund Renewal & Replacement Stormwater Fund: Stormwater Fund - Unrestricted Stormwater Fund Renewal & Replacement 250,000.00 432,613.89 $ 682,613.89 250,000.00 294,483.15 $ 544,483.15 Total Enterprise Fund SP)A,ipnvestm 1,227,097.04 TOTAL SPIA & FLSAFE INVESTMENTS $ 8,108,172.97 FY 24-25 GENERAL FUND CIP GREATER THAN $100,000 SUMMARY OCTOBER 31, 2024 CIP # GENERAL FUND FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES INFRASTRUCTURE MAINTENANCE IM - 6 BCSO Cape Canaveral Precint Rooftop Solar Array 180,000 - IM - 9 C5 Energy Storage System Project 110,000 IM -10 Thurm Boulevard Improvements 1,480,000 IM - 11 Portable Generator 110,000 PARKS RECREATION + COMMUNITY AFFAIRS PRCA - 4 Tennis Court Resurface 115,000 TOTAL GENERAL FUND $ 1,995,000 $ - FY 24-25 CRA CIP GREATER THAN $100,000 SUMMARY OCTOBER 31, 2024 CIP # CRA FUND FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES CR - 3 Presidential Streets 1,550,000 CR - 6 Canaveral City Park Concession Stand 315,000 CR - 7 Nancy Hanson Rec Center Maintenance 100,000 CR - 8 Oak Lane Improvements 550,000 TOTAL CRA $ 2,515,000 $ - FY 24-25 WASTEWATER CIP GREATER THAN $100,000 SUMMARY OCTOBER 31, 2024 CIP # WASTEWATER ENTERPRISE FUND FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES WW - 14 Sanitary Collection/Transmission System Eval. Prog. 100,000 WW - 16 Blower Pipe for Effluent Transfer 100,000 WW - 17 Pump Enclosure Structures 1,560,000 WW - 18 Resilience Operations + Utility V2X Energy Backup System 170,000 TOTAL WASTEWATER ENTERPRISE FUND $ 1,930,000 $ - FY 24-25 STORMWATER CIP GREATER THAN $100,000 SUMMARY OCTOBER 31, 2024 CIP # STORMWATER ENTERPRISE FUND FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES SW - 3 Harbor Heights Stormwater Pipe Replacement 120,500 SW - 6 Oak Lane Improvements 300,000 SW - 7 Thurm Boulevard Improvements 600,000 SW - 8 Portable SW Pump 160,000 SW - 9 Long Point Stormwater Retention 280,000 SW-10 Stormwater Improvement Projects 101,200 - TOTAL STORMWATER ENTERPRISE FUND $ 1,561,700 $ -