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HomeMy WebLinkAboutcocc council_mtg-agenda_Packet 031825 FinalCAPE CANAVERAL CITY COUNCIL REGULAR MEETING AGENDA City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 March 18, 2025 6:00 p.m. Please email public comments before noon to: cityclerk@capecanaveral.gov For remote options, please visit: Cape Canaveral FL 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS’ All agenda section times are estimates and are subject to change. 5. PRESENTATIONS a. A1A Pedestrian Hybrid Crosswalk (Submitted by Council Member Willis) A1A Pedestrian Crosswalk Presentation of efforts to secure a signalized pedestrian hybrid beacon crosswalk at Taylor Avenue. b. Sea Grape UF IAS Presentation by the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Brevard County Extension showcasing best management practices regarding beachside sea grapes. c. Recycling Service Day Change Request - Waste Pro Presentation by Dean Ulrich, Waste Pro, to request a recycling service day change. d. City Staff Introductions - Patrick Virrill, Building Official, C-ECD - Isaac Leite, Deputy Building Official, C-ECD 6. 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 City of Cape Canaveral, Florida City Council Regular Meeting Agenda · March 18, 2025 Agenda · Page 2 of 4 hearing portion of the meeting, ministerial items (for example approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The 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. 7. CONSENT AGENDA The entire consent agenda will be passed in one motion to include every item under Item 7. a. Approval of Meeting Minutes Motion to approve the following meeting minutes: i. January 28, 2025 Special Meeting and ii. February 18, 2025 Regular Meeting b. Interim City Manager Employment Agreement Motion to consider the approval of the interim city manager’s employment agreement. c. Executive Recruitment Services Firm – City Manager Contract Motion to approve Colin Baenziger & Associates as the executive recruitment services firm for the city manager contract approved at the February 26, 2025 special meeting. 8. ITEMS FOR ACTION a. Resolution 2025-05 SCTPO Interlocal Agreement Motion to consider the adoption of Resolution No. 2025-05 the title of which is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; APPROVING AN INTERLOCAL AGREEMENT FOR THE FORMATION OF A METROPOLITAN PLANNING ORGANIZATION BY AND BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION; THE COUNTY OF BREVARD (ALSO REPRESENTING THE VALKARIA AIRPORT, THE TITUSVILLE- COCOA AIRPORT AUTHORITY, AND THE SPACE COAST AREA TRANSIT), THE CANAVERAL PORT DISTRICT A/K/A THE CANAVERAL PORT AUTHORITY, THE CITY OF TITUSVILLE, THE CITY OF COCOA, THE CITY OF ROCKLEDGE, THE CITY OF MELBOURNE (ALSO REPRESENTING THE CITY OF City of Cape Canaveral, Florida City Council Regular Meeting Agenda · March 18, 2025 Agenda · Page 3 of 4 MELBOURNE AIRPORT AUTHORITY A/K/A MELBOURNE ORLANDO INTERNATIONAL AIRPORT), THE CITY OF WEST MELBOURNE, AND THE CITY OF PALM BAY, THE NORTH BEACHES COALITION (WHICH INCLUDES THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL), AND THE SOUTH BEACHES COALITION (WHICH INCLUDES THE CITY OF SATELLITE BEACH, THE CITY OF INDIAN HARBOUR BEACH, THE TOWN OF INDIALANTIC, AND THE TOWN OF MELBOURNE BEACH), COLLECTIVELY KNOWN AS “THE PARTIES” OR AS THE TPO; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARINGS b. Second Reading and Public Hearing – Ordinance 2025-01 – Comprehensive Plan Coastal Management and Future Land Use Element – Perils of Flood Motion to consider the enactment of Ordinance No. 2025-01 the title of which is as follows: 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, SECOND READING. (First reading was held on December 17, 2024.) 9. UNFINISHED BUSINESS 10. ITEMS FOR DISCUSSION 11. REPORTS Monthly Financial Report – January 2025 City of Cape Canaveral, Florida City Council Regular Meeting Agenda · March 18, 2025 Agenda · Page 4 of 4 12. INFORMATIONAL 13. ADJOURNMENT In accordance with §286.26, Florida Statutes and in accordance with the Americans with Disabilities Act, any person requiring special accommodations and need assistance to access and participate at this meeting which is accessible should contact the city clerk’s office (321) 868-1220 x 206 or 207 at least forty-eight (48) hours in advance of the meeting. Pursuant to §286.0105, Florida Statutes, if a person decides to appeal any decision made by the city council with respect to any matter considered at this meeting or hearing, he or she will need a record of the proceedings and 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, or does it authorize challenges or appeals not otherwise allowed by law. 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING · MARCH 18, 2025 AGENDA ITEM SUMMARY · ITEM # _5a Subject: A1A Pedestrian Crosswalk Presentation of efforts to secure a signalized pedestrian hybrid beacon crosswalk at Taylor Ave. Department: Legislative Summary: After joining City Council in 2021, Don Willis, was appointed to the Space Coast Transportation Organization (SCTPO) Governing Board by City Council and the effort to bring about improved safety features along State Road A1A in Cape Canaveral continued. In 2022 the City Council adopted Vision Zero, a commitment that no roadway fatalities or severe injuries, whether vehicular or pedestrian, are acceptable. In 2022, the city asked the Florida Department of Transportation (FDOT) for additional safety considerations for State Rd. A1A via Resolution 2022- 16, which was approved by the city. This resolution listed priority items for public safety improvements, including signalized pedestrian crosswalks at various locations within the City along A1A. Throughout my tenure on the SCTPO I continually advocate for improved safety features along A1A and for funding of these improvements through the SCTPO and FDOT. The issue of pedestrian safety gained more prominence in February 2023, after a high-profile pedestrian fatality. The City Council of Cape Canaveral modified and updated the city's list of State Rd. A1A improvement priorities, with the main priority being a target speed of 35 mph. Since 2023 there have been six pedestrian instances on A1A within the City of Cape Canaveral resulting in injuries and one fatality. In September 2023, the city reaffirmed Resolution 2023-02, updating the city's list of State Rd. A1A priorities and directed staff to advocate for the advancement of two signalized pedestrian crosswalks at State Rd. A1A and Taylor Ave. and State Rd. A1A and Hayes Ave. Following this, the FDOT performed a pedestrian study in the area. The pedestrian study prompted an FDOT design consideration of pedestrian refuges in the Taylor Ave. and Hayes Ave. areas, constructed in the center turning lanes of these areas. In September 2023, Resolution 2023- 02 was reaffirmed making a formal request for signalized pedestrian hybrid beacons at Taylor Ave. and Hayes Ave., as the refuges were considered short of the safety features needed in this area. The pedestrian refuge designs were presented to the public by FDOT in August 2024 and received public input. All available funding options were pursued to accomplish the design and construction of the needed Pedestrian Hybrid Beacon crosswalks for the area. After being asked to join the FDOT District 5 Central Florida Safety Steering Committee in October of 2024, I continued to advocate for improved safety features in Cape Canaveral along A1A which resulted in a design proposal from FDOT for a Pedestrian Hybrid Beacon crosswalk at Taylor Ave. in late August 2024. Through the efforts of Georganna Gillette, the SCTPO Director and staff, funding was made available by the SCTPO to the City of Cape Canaveral for the needed pedestrian hybrid beacon crosswalk at Taylor Ave. and A1A. After discussions with SCTPO and FDOT project managers and engineers during the SCTPO Long Range Planning Subcommittee meeting in January 2025 this crosswalk, project #452688-2 was confirmed as part of the FDOT projects #452688-1 for Safety Improvements and Roadway Resurfacing on SR A1A from SR 520 to George King Blvd. with an anticipated letting date of December 1, 2026. Special recognition for their contributions to this effort go to: Lexi Miller, former Cape Canaveral City Planner, SCTPO Technical Advisory Council Member City of Cape Canaveral City Council Meeting · March 18, 2025 Agenda Item # 5a Page 2 of 2 The late Arlyn DeBlauw, former SCTPO Citizen Advisory Council Member Georganna Gillette and Staff of Space Coast Transportation Planning Organization Celine Bounds, FDOT District 5 Scoping Manager Lori Trebitz, FDOT District 5 Roadway Design Supervisor Mike Sanders, FDOT District 5 Assistant District Traffic Operations Engineer John Tyler, FDOT District 5 Secretary Members of the Sea Shells Community Submitting Council Member: Don Willis Attachment(s): 1. Resolution 2023-02 2. August 15, 2023 Agenda Item Add-On with Draft Pedestrian Study and Resolution No. 2023-02 September 20, 2023 Agenda Item # 3. FDOT Candidate RRR with Safety Improvements Project Technical Scope 452688-2 RESOLUTION NO. 2023-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND UPDATING THE CITY'S LIST OF STATE ROAD A1A IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED TRAFFIC STUDY FOR THE PORTION OF STATE ROAD A1A LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast Transportation Planning Organization ("SCTPO") and the A1A Action Team, which consists of a group of organizations, businesses and residents along the State Road (SR) A1A Corridor, seek to address multimodal transportation along SR A1A from the Pineda Causeway (SR 404) to SR 528 in the City of Cape Canaveral; and WHEREAS, a recent widely published report titled Dangerous by Design (2019) by Smart Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area for pedestrians in the United States; and WHEREAS, the findings contained in the Report provide that policies and funding mechanisms that have been in place for decades have created designs that make streets more unsafe because such policies and funding mechanisms continue to prioritize moving vehicles quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other users of multimodal transportation options; and WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy, that bicycle, multimodal and pedestrian safety/connectivity throughout the SR A1A corridor be given more consideration and emphasis to address the public safety needs of all people required to use SR A1A for transportation and connectivity within the City of Cape Canaveral; and WHEREAS, based on public concerns and experience expressed to the City over the years, the City Council believes that any future designs for SR A1A improvements must encourage safer, slower driving speeds to improve public safety on SR A1A; and WHEREAS, the City Council desires to transform SR A1A into a safe, more resilient, and efficient multimodal corridor that connects and supports the economic viability of the City of Cape Canaveral and is also aesthetically pleasing while providing a sense of community through innovation, design, safety and connectivity; and WHEREAS, the City Council intends to streamline development of feasible improvement strategies to address locally identified transportation, community planning and urban design issues such as corridor beautification, way -finding signage, undergrounding of utilities, traffic calming devices, pedestrian and bicycle facility enhancements, improved transit service, intersection improvements and other infrastructure improvements; and City of Cape Canaveral Resolution 2023-02 Page 1 of 3 WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design, connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired improvements related to that portion of the SR A1A corridor located within the City; and WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22 approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015, by Resolution No. 2018-01 which was approved by the City Council on February 20, 2018, and again by Resolution No. 2019-01 on March 19, 201, and again by Resolution 2022-16 on August 16, 2022; and WHEREAS, the City Council recognizes that circumstances continue to change since the City last updated its list of SR A1A Improvement Priorities, and therefore, the City Council desires to modify and update its list of SR A1A Improvement Priorities; and WHEREAS, the City Council also desires to emphasize that based on extensive public input, the City Council does not support a roundabout at the intersection SR A1A and International Drive, and supports the construction of raised medians from George King Boulevard to International Drive for purposes of improving safe vehicular access management along SR A1A; and WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle ridership and pedestrian activity that requires the City to continue to promote and prioritize safe and attractive bicycle and pedestrian crossings and amenities along SR A1A; and WHEREAS, the City Council is also aware of current and on -going positive growth projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area and this projected positive growth requires that the City Council promote and prioritize safety enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic vision for the Cape Canaveral Community; and WHEREAS, the City Council acknowledges and appreciates that efforts are currently being made by FDOT and SCTPO on the Long Point Road -to -George King Boulevard Curb and Gutter Design Project and the International Drive Realignment Design Project which should provide some local improvement consistent with the concerns and priorities expressed by the City Council in this Resolution; and WHEREAS, in order to manage the positive growth projections anticipated within the City of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral, where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on- going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2023-02 Page 2 of 3 Section 2. Approval of SR A1A Priorities. The City Council of the City of Cape Canaveral hereby approves a modified list of the City's priorities for improvements to that portion of SR A1A within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as Exhibit "A". Section 3. Request for Updated Traffic Study. The City Council of the City of Cape Canaveral hereby requests FDOT coordinate with the City to periodically provide updated traffic study information for that segment of SR A1A located within the City of Cape Canaveral in order to provide meaningful data to be used in planning future SR A1A improvements, addressing bicycle ridership and pedestrian activities, safety and uses, on -going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 21 st day of February 2023. Mia Goforth, CMC, City Clerk: Name FOR Kim Davis Mickie Kellum second Wes Morrison Angela Raymond x Don Willis Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-02 Page 3 of 3 Exhibit "A" City of Cape Canaveral Prioritized SR A1A Improvements Resolution No. 2023-02 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue and SR A1A. II. South side of the signalized intersection of Holman Road and SR A1A. Completed). III. Where appropriate at the intersection of Jackson Avenue and SR A1A, considering. B. All existing crosswalks and intersections to be audible and signalized. C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated crosswalk) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Taylor Avenue IV. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR A1A including, where appropriate, cluster landscape features. III. Where appropriate and with reasonable consideration, install low - maintenance, cost-effective, native, and/or non-invasive landscaping, including but not limited to Florida Friendly or Lagoon Friendly vegetation. IV. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. V. Construction of curb and gutter along both sides of roadway. This will require limited/as-necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. VI. Construction of wide, buffered, shared paths with appropriate markings and stencils to delineate pedestrian vs bike usage, along both sides of SR A1A to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR A1A in an ADA-compliant manner. VII. Construction of low -maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VIII. Where appropriate and needed to improve pedestrian and bicycle safety, install native vegetation "islands," crosswalk striping including on side -streets feeding into SR A1A and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue on SR A1A will require right-of-way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require an aligned common driveway to be designed and constructed on the private property on the east side of SR A1A. (Signal warrant analysis currently underway/requested by nearby private property developers). 5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. 6. Regarding FDOT's proposed preliminary designs for A1A improvements previously discussed and presented to the community, the City Council: I. Opposes the proposed roundabout at the intersection of International Drive, SR A1A, and N Atlantic Avenue. II. Supports Concept Design Alternative 2, to include vehicular access management in the form of medians along SR A1A from George King Blvd to International Drive. III. Requests reasonable design considerations for access management, accommodating access to northbound and southbound SR A1A lanes to Long Point Road and Cape Gardens road users. IV. Requests a signal warrant analysis for the intersection of SR A1A, Columbia Drive, and Church Lane. (Completed — signal not warranted). City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City -initiated beautification efforts along SR A1A and other state roadways and land within the City such as the City's Adopt-A- Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on- going branding and strategic planning efforts. A1A Tomorrow I Space for Everyone ROADWAY REDESIGN OPTIONS WITH TRAFFIC SIGNAL AT S.R. A1A/N. ATLANTIC AVE. PROJECT GOALS BASED ON THE CITY OF CAPE CANAVERAL'S RESOLUTION Current Condition 100' Existing Right of Way Posted speed limit of 40 mph No horizontal curvature on the southern end means a 35 mph posted speed is not achievable Yes 5' separated cycle track for bicyclists 5' sidewalk for pedestrians Somewhat Midblock crossings with refuge islands and pedestrian hybrid beacons PHB) No raised crosswalks No No corridor - wide access management Turning movements are only controlled at midblock crossings and spot traffic islands Somewhat Groundcover or small shrubs may be used in buffer and on spot traffic islands Curb & gutter adds to urban character No additional placemaking elements Yes Some right-of- way impacts Alternative 1: 40 mph with Cycle Track, Two -Way Left Turn Lane, & Minor Landscaping Highlights: S.R. A1A remains a 5-lane cross section. Spot traffic islands and a separated cycle track for bicyclists are provided. $9.5M estimated construction costs. Alternative 1 can be retrofitted to Alternative 3 design in the future. 100' Existing Right of Way No Somewhat Somewhat Yes Somewhat Yes Draft Pedestrian Study SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive BREVARD COUNTY SECTION 70080000 MILEPOINT 1.807 to 1.918 Prepared for: The Florida Department of Transportation District 5 Traffic Operations 719 South Woodland Boulevard DeLand, Florida 32720 Continuing Services Contract for Traffic Engineering Financial Project No. 237974-1-32-18 Contract Number CA648 Work Order No. 111 Study 3 June 2023 The findings and recommendations provided in this document are provided for discussion purposes only. This document is not yet complete, and the process of acquiring relevant data is on-going. ATTACHMENT 1 PROFESSIONAL ENGINEER CERTIFICATE I hereby certify that I am a registered engineer in the State of Florida practicing with Faller Davis & Associates, Inc. (Vendor No. 59-2594956), and that I have reviewed or approved the evaluation, findings, opinions, conclusions, or technical advice hereby reported for: PROJECT: Continuing Services Contract for Traffic Engineering FPID NO: 237974-1-32-18 REPORT: TWO 111, Study 3 - SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive Draft Pedestrian Study The attached pedestrian study contains depictions of existing field conditions, traffic volumes, collision data, operational observations, safety analysis, and recommendations for improvements for the above referenced project. I acknowledge that the procedures and references used to develop the conclusions contained in this document are standard to the professional practice of civil engineering as applied through professional judgment and experience. SIGNATURE: DATE: NAME: Benjamin M. Hargis P.E. NUMBER: 85423 PHONE: (407) 644-2116 Faller, Davis & Associates, Inc. 2301 Maitland Center Parkway, Suite 265 Maitland, Florida 32751 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 1 Project Location Map SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 2 Summary of Existing Conditions Feature Description Main Street • SR A1A Location • Taylor Avenue (MP 1.807) to Tyler Avenue/Riverside Drive (MP 1.918) Area Location • The study section is located in front of Cape Canaveral City Hall (Brevard County), approximately 1.8 miles north of SR 520 Surrounding Development • Residential, commercial, recreational, and City Hall Adjacent Signalized Intersections • North Approach: Jackson Avenue, approximately 0.1 miles north of the study section • South Approach: Buchanan Avenue/Center Street, approximately 0.2 miles south of the study section Typical Section • Four-lane roadway divided by a two-way left turn lane (TWLTL) with an open drainage system and sidewalks along both sides of the roadway Posted Speed Limit • 40 mph Functional Class • Urban Principal Arterial Context Class • C4 - Urban General Pedestrian Generators • City Hall, residences, recreation facilities, transit stops, and local businesses SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 3 QUALITATIVE ASSESSMENT SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive was observed by a registered professional engineer during the peak period of pedestrian activity (1:45 to 4:15 PM) on Saturday, May 27, 2023. The roadway section was reviewed to assess existing operating conditions and to determine what, if any, modifications are needed to improve safety and efficiency for the traveling public. Request: FDOT has requested that the operation of pedestrian movements be reviewed to determine if a crosswalk should be installed in the study section. Operations: Operations include the efficiency of operation and interaction of motor vehicles, pedestrians, and bicycles at the intersection. Following are the observations relating to these factors: • A pedestrian/bicycle crossing count was performed on Saturday, May 6, 2023, from 10:00 AM to 6:00 PM. Pedestrian movements from approximately 100 feet south of Taylor Avenue to approximately 100 feet north of Tyler Avenue/Riverside Drive were recorded. o Ten (10) pedestrians (5 eastbound/5 westbound) and 4 bicyclists (2 eastbound/2 westbound) crossed SR A1A during the 8-hour count period. Ten (10) of the 14 crossings were near Tyler Avenue. o The peak hour of pedestrian/bicyclist crossings was 6 pedestrian crossings from 2:15 to 3:15 PM. • Traffic along the corridor is moderate with an Annual Average Daily Traffic (AADT) volume of 33,500 vpd (Florida Traffic Online 2022 count station 700135 - SR A1A, 0.019 miles north of Hendry Avenue). • Vehicles typically arrived into the study section in platoons from the adjacent traffic signals at Buchanon Avenue/Center Street (0.2 miles south) and Jackson Avenue (0.1 miles north). While gaps were not frequently available in both directions of travel simultaneously, the two -way left turn lane was typically used to complete the pedestrian crossings in 2 stages. Directional gaps in traffic of approximately 20 seconds were frequently available with less than 2 minutes of waiting. o The two-way left turn lane was not typically congested, and no issues were observed between vehicles and pedestrians in the two-way left turn lane. SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 4 • Light pedestrian activity was observed during the field review. There were 10 pedestrian crossings (5 eastbound/5 westbound) during the 2.5-hour observation period. No bicyclist crossings were observed. o The crossing locations were evenly distributed along the study section. o Eight (8) of the 10 pedestrians crossing SR A1A paused in the two-way left turn lane to wait for a gap in traffic before completing the second stage of the crossing. These pauses did not exceed 30 seconds. • There are no marked pedestrian crossings within the immediate vicinity of the study section. However, there are signalized pedestrian crossings at the intersections of Buchanan Avenue/Center Street (0.2 miles south) and N Atlantic Avenue (0.2 miles north). • Northbound and southbound vehicles on SR A1A appeared to travel at the 40-mph posted speed limit. No excessive speeding was observed. • The lines of sight along SR A1A within the study section are unobstructed as the roadway alignment is straight and level. Safety: Vehicle, pedestrian, and bicycle safety at the intersection are assessed through review of crash reports, identification of significant crash trends, and field observations. Crash data was obtained from the University of Florida’s Signal Four Analytics for SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive for the 36-month period ending December 31, 2022. The 7 crashes were comprised of 2 sideswipe collisions, 1 rear end collision, 1 left turn collision, 1 right turn collision, 1 head on collision, and 1 pedestrian collision. The collisions resulted in 4 injuries and no fatality. Two (2) crashes occurred during low-lighting conditions, and 1 of the crashes occurred on a wet road surface. • The pedestrian crash (5/20/2022) occurred when a pedestrian was crossing eastbound on SR A1A near Tyler Avenue/Riverside Drive and was struck by a westbound left-turning vehicle, resulting in an injury to the pedestrian. The crash report indicated the collision occurred in darkened, unlit conditions. • In addition to the crash data period, pedestrian/bicyclist-related crashes during the last 10 years were searched. The following relevant crashes were found: o A pedestrian collision resulting in a fatality occurred on February 17, 2023. A crash report was not available at the time of this draft report; however, a local news article states that the collision occurred while the pedestrian was crossing SR A1A near the Cape Canaveral City Hall. SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 5 o A pedestrian fatality occurred on September 30, 2017 (HSMV #84434211). The pedestrian was crossing SR A1A moving westbound near Taylor Avenue and was struck by a southbound vehicle in the outside travel lane. A southbound motorist in the inside travel lane reportedly swerved to avoid the pedestrian a moment before the collision occurred. The crash report indicated the collision occurred during darkened conditions when the street lights were disabled by hurricane damage. A summary of the crash statistics is presented in the table below. Crash Statistics (1/1/20 to 12/31/22) Maintenance: In addition to observing operational and safety conditions, correctable maintenance items are also identified during the field review. No maintenance items were observed within the study section. 1/1/20 1/1/21 1/1/22 Average to to to per 12/31/20 12/31/21 12/31/22 Year Sideswipe 0 0 2 2 0.7 Rear End 0 1 0 1 0.3 Left Turn 0 0 1 1 0.3 Right Turn 0 0 1 1 0.3 Head On 0 0 1 1 0.3 Pedestrian 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Severity Number of Fatalities 0 0 0 0 0.0 Number of Injuries 0 0 4 4 1.3 Road Surface Dry 0 0 6 6 2.0 Wet 0 1 0 1 0.3 Totals 0 1 6 7 2.3 Lighting Daylight 0 1 4 5 1.7 Dark - Lighted 0 0 1 1 0.3 Dark - Not Lighted 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Contributing Cause Careless Driving 0 1 2 3 1.0 FTYRW 0 0 3 3 1.0 Swerved or Avoided Crash 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Collision Type Total SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 6 PEDESTRIAN CROSSING ANALYSIS Potential pedestrian crossing treatments for the study section were assessed based on the requirements of Section 5.2 of the TEM. TEM Section 5.2.4 (6) Safety Considerations The following conditions should be satisfied for crosswalks: (a) Adequate stopping sight distance at marked crosswalk The stopping sight distance to a proposed crosswalk location within the study section will be unobstructed due to minimal horizontal and vertical curvature along SR A1A within the study section. (b) Illumination at crosswalk Some street lighting is currently provided within the study section; however, a lighting analysis would need to be performed to determine if any supplemental lighting is needed to meet FDM criteria for crosswalk lighting. (c) For a roadway with five (5) or more lanes, a refuge island or raised median to facilitate a two -stage crossing SR A1A is a four-lane roadway with a TWLTL. A median refuge would need to be constructed to provide a two-stage crossing. (d) Appropriate bus stop location to minimize conflicts with transit vehicles Space Coast Area Transit Route 9 has northbound and southbound bus stops in the vicinity of Tyler Avenue/Riverside Drive. The study location meets these criteria. TEM Section 5.2.5.1 Criteria for Marked Crosswalk (1) Proximity to significant generators and attractors The following attractors and generators are located near the study section: City Hall, residences, recreation facilities, bus stops, and local businesses. (2) Recommended Levels of Pedestrian Demand The pedestrian demand volume threshold does not need to be met since the context classification for the study corridor is C4 – Urban General. SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 7 (3) Minimum Location Characteristics (a) A minimum vehicular volume of 2,000 Average Daily Traffic (ADT) along the roadway segment. According to Florida Traffic Online 2022 count data for count station 700135 - SR A1A, 0.019 miles north of Hendry Avenue), the Annual Average Daily Traffic is 33,500 vpd. (b) Minimum distance to nearest alternative crossing location is 300 feet per the FDM, Chapter 222, Pedestrian Facilities. There are no alternative crossing locations within 300 feet of the study section. (c) The proposed location must be outside the influence area of adjacent signalized intersections, including the limits of the auxiliary turn lanes. The adjacent traffic signals are at Jackson Avenue, approximately 0.1 miles north of the study section, and Buchanan Avenue/Center Street, approximately 0.2 miles south of the study. Queues from these traffic signals were not observed to extend near the study section. Based on the results of the pedestrian crossing analysis: • Though the study location meets the requirements of TEM 5.2.4 (6) and 5.2.5.1, pedestrian demand was low, and the field review indicated that pedestrian crossings are spread out through the study corridor. Since pedestrians were observed staging in the two-way left turn lane and there have been three fatal pedestrian crashes, pedestrian refuge islands should be installed south of Taylor Avenue and between Richie Avenue and Hitching Post Road. Additionally, W11-2 (Pedestrian) warning signs with flashing beacons and W16-3aP (Next 1/2 Mile) plaques should be installed just north of Buchanon Avenue/Center Street and just north of Harrison Avenue. • A marked pedestrian crossing is not recommended since a concentration of pedestrian crossings was not observed during the engineering review. • The installation of Rectangular Rapid Flashing Beacons (RRFB) or Pedestrian Hybrid Beacons (PHB) is not recommended since a marked pedestrian crossing is not being considered. SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 8 RECOMMENDATIONS Based on the traffic data, crash analysis, field observations, and engineering judgment, the following recommendations were developed: • A marked crosswalk is not recommended within the study section. • Pedestrian refuge islands should be installed south of Taylor Avenue and between Richie Avenue and Hitching Post Road. • W11-2 (Pedestrian) warning signs with flashing beacons and W16-3aP (Next 1/2 Mile) plaques should be installed just north of Buchanon Avenue/Center Street and just north of Harrison Avenue. SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 9 SR A1A Typical Section Photographs Looking north along SR A1A Looking south along SR A1A N CHURCH CITY HALLPARKCOMPLEX RECREATION SR A1A SR A1A 15 60 Feet 0 T A Y L O R A V E N U E P O L K A V E N U E T Y L E R A V E N U E R I V E R S I D E D R I V E A R N O A V E N U E H I T C H I N G P O S T R O A D R I C H I E A V E N U E RESIDENCES OFFICE PO T S S UB mo c .T AC S e d iR 8 7 81-336-123 S p a c e C o a s t A R E A T R A N S I T RT 9 P O T S S UB mo c .T AC S e d i R 8 7 81-336-123 S p a c e C o a s t A R E A T R A N S I T RT 9 F ITNE S S CLAS S E S S HUF F LE BO UAD, TENNIS , R ACQUE TBALL, R EC R EATIO N C OMP LE X F I TNE S S CLAS S E S S HUF F LE BOUAD, TENNIS , R ACQUE TBALL, R E CR E ATION C O MP LEX F ITNE S S C LAS S E S S HUF F LE BOUAD, TE NNI S , RACQUE TBALL, R E CR E ATION C O MP LEX N O P ARKING O N RIG HT O F WAY P O T S S UB mo c .T AC S e d iR 8 7 81-336-123 S p a c e C o a s t A R E A T R A N S I T RT 9 PO T S S UB mo c .T AC S e d i R 8 7 81-336-123 S p a c e C o a s t A R E A T R A N S I T RT 9 1 0 ' 9 ' 1 1 ' 9 ' 1 0 ' 1 0 ' 9 ' 1 1 ' 9 ' 1 0 ' 3 ' 4 ' 5 ' 2 ' 12'12'11'11' 10'12'10'13'14' 11'11' AveN Atlantic Ave N Atlantic STOP A v e R i c h i e Av e R i c h i e AveN Atlantic Ave N Atlantic STOP R d Hi t c h i n g P o s t R d Hi t c h i n g P o s t AveN Atlantic Ave N Atlantic STOP Av e A r n o A v e A r n o AveN Atlantic Ave N Atlantic STOP R i v e r s i d e Dr R i v e r s i d e D r AveN Atlantic Ave N Atlantic STOP J u s t a m e r e R d J u s t a m e r e R d Ave N Atlantic AveN Atlantic STOP N O T R U C K S N O T R U C K S A v e T y le r Av e T y le r LIBR ARY S HE R IF F ' S DE P T. C ITY HALL LIBRARY S HER I F F ' S DE P T. C I TY HALL Ave N Atlantic AveN Atlantic STOP N O T R U C K S N O T R U C K S A v e T y le r A v e T y le r NO. PAGEDITCH BOTTOM INLET POWER POLE SIGN TRAFFIC SIGNAL POLE DELINEATOR SIGNAL HEAD CONTROLLER CABINET DRAINAGE INLET MITERED END SECTION FIRE HYDRANT SIGNAL PEDESTRIAN LIGHT POLE bhargis 6/7/2023 12:19:24 PM \\tpafile02\netfolder\605.00 2019 D5 CSC Traffic Ops\TWO 111 - KIttleson SWA_SR A1A Pedestrian study\DGN\Condition Diagram.dgn BIKE RACK MAITLAND, FL 32751 SUITE 265 2301 MAITLAND CENTER PARKWAY FALLER, DAVIS & ASSOCIATES, INC. GUARDRAIL RAILING PEDESTRAIN FENCE FOR TRAFFIC ENGINEERING CONTINUING SERVICES CONTRACT CONDITION DIAGRAM 10 N CHURCH CITY HALLPARKCOMPLEX RECREATION SR A1A SR A1A 15 60 Feet 0 T A Y L O R A V E N U E P O L K A V E N U E T Y L E R A V E N U E R I V E R S I D E D R I V E A R N O A V E N U E H I T C H I N G P O S T R O A D R I C H I E A V E N U E RESIDENCES OFFICE NO. PAGE bhargis 6/7/2023 12:19:34 PM \\tpafile02\netfolder\605.00 2019 D5 CSC Traffic Ops\TWO 111 - KIttleson SWA_SR A1A Pedestrian study\DGN\Collision Diagrams.dgn MAITLAND, FL 32751 SUITE 265 2301 MAITLAND CENTER PARKWAY FALLER, DAVIS & ASSOCIATES, INC. 11FOR TRAFFIC ENGINEERING CONTINUING SERVICES CONTRACT COLLISION DIAGRAM YEAR 1 (1/1/2020 - 12/31/2020)REAR END SIDESWIPE OUT OF CONTROL RIGHT TURN ANGLE LEFT TURN OVERTURNED HEAD ONXX X INJURY FATAL HIT BIKE HIT UTILITY POLE BACKED INTONUMBER COLLISION HIT TREE HIT SIGN OTHER FIXED OBJECT HIT PEDESTRIAN NO CRASHES REPORTED WITHIN THE STUDY SECTION FROM 1/1/2020 TO 12/31/2020 70080000 SR A1A Taylor Avenue to Tyler Avenue/Riverside Drive County:Brevard Signal Four Analytics Milepoints:1.807 - 1.918 From 1/1/2020 To 12/31/2020 12 Months No.HSMV No.Date Day of Week Time Alcohol/ Drugs Lighting Roadway Surface Number of Fatalities Number of Injuries Harmful Event Contributing Cause Total Number of Crashes Total Number of Fatalities Total Number of Injuries Alcohol/ Drugs Daylight Dusk Dawn Dark - Lighted Dark - Not Lighted Dark - Unknown Lighting Dry Wet 0 0 0 0 0 0 0 0 0 0 0 0 100%N/A N/A 0%0%0%0%0%0%0%0%0% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Fell/Jumped from Motor Vehicle Thrown or Falling Object Railway Vehicle Parked Vehicle Ran into Water/Canal Work Zone/Maint Equip Impact Atten/Crash Cushion Bridge OH Structure Bridge Pier or Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Ditch Embankment Guardrail Face Guardrail End Cable Barrier Concrete Traffic Barrier Other Traffic Barrier Tree (standing)Utility/Light Pole Traffic Sign Support Traffic Signal Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Mailbox Other Fixed Object 0 0 0%0% Unknown/Not Coded No Contributing Action Careless Driving FTYRW Improper Backing Improper Turn Followed too Closely Ran Red Light Drove too Fast for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Wrong Side or Wrong Way Failed to Keep in Proper Lane Ran off Roadway Disregarded other Traffic Sign Disregarded Road Markings Over- Correcting/Over- Steering Swerved or Avoided Crash Erratic or Aggressive Driving Other Contributing Action 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0% COLLISION SUMMARY SUMMARY Roadway Segment: Source Data: Section: State Road: Study Period: No crashes reported within the study section from 1/1/2020 to 12/31/2020. 12 N CHURCH CITY HALLPARKCOMPLEX RECREATION SR A1A SR A1A 15 60 Feet 0 T A Y L O R A V E N U E P O L K A V E N U E T Y L E R A V E N U E R I V E R S I D E D R I V E A R N O A V E N U E H I T C H I N G P O S T R O A D R I C H I E A V E N U E RESIDENCES OFFICE NO. PAGE bhargis 6/7/2023 12:19:49 PM \\tpafile02\netfolder\605.00 2019 D5 CSC Traffic Ops\TWO 111 - KIttleson SWA_SR A1A Pedestrian study\DGN\Collision Diagrams.dgn MAITLAND, FL 32751 SUITE 265 2301 MAITLAND CENTER PARKWAY FALLER, DAVIS & ASSOCIATES, INC. 13FOR TRAFFIC ENGINEERING CONTINUING SERVICES CONTRACT COLLISION DIAGRAM YEAR 2 (1/1/2021 - 12/31/2021)REAR END SIDESWIPE OUT OF CONTROL RIGHT TURN ANGLE LEFT TURN OVERTURNED HEAD ONXX X INJURY FATAL HIT BIKE HIT UTILITY POLE BACKED INTONUMBER COLLISION HIT TREE HIT SIGN OTHER FIXED OBJECT HIT PEDESTRIAN 1 70080000 SR A1A Taylor Avenue to Tyler Avenue/Riverside Drive County:Brevard Signal Four Analytics Milepoints:1.807 - 1.918 From 1/1/2021 To 12/31/2021 12 Months No.HSMV No.Date Day of Week Time Alcohol/ Drugs Lighting Roadway Surface Number of Fatalities Number of Injuries Harmful Event Contributing Cause 1 24130493 06/30/21 Wednesday 16:01 N Daylight Wet 0 0 Rear End Careless Driving Total Number of Crashes Total Number of Fatalities Total Number of Injuries Alcohol/ Drugs Daylight Dusk Dawn Dark - Lighted Dark - Not Lighted Dark - Unknown Lighting Dry Wet 1 0 0 0 1 0 0 0 0 0 0 1 100%N/A N/A 0%100%0%0%0%0%0%0%100% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 1 0 0 0 0 0 0 0 0 0 0 0 100%0%0%0%0%0%0%0%0%0%0%0% Fell/Jumped from Motor Vehicle Thrown or Falling Object Railway Vehicle Parked Vehicle Ran into Water/Canal Work Zone/Maint Equip Impact Atten/Crash Cushion Bridge OH Structure Bridge Pier or Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Ditch Embankment Guardrail Face Guardrail End Cable Barrier Concrete Traffic Barrier Other Traffic Barrier Tree (standing)Utility/Light Pole Traffic Sign Support Traffic Signal Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Mailbox Other Fixed Object 0 0 0%0% Unknown/Not Coded No Contributing Action Careless Driving FTYRW Improper Backing Improper Turn Followed too Closely Ran Red Light Drove too Fast for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 1 0 0 0 0 0 0 0 0 0 0%0%100%0%0%0%0%0%0%0%0%0% Wrong Side or Wrong Way Failed to Keep in Proper Lane Ran off Roadway Disregarded other Traffic Sign Disregarded Road Markings Over- Correcting/Over- Steering Swerved or Avoided Crash Erratic or Aggressive Driving Other Contributing Action 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0% SUMMARY COLLISION SUMMARY Section: State Road: Roadway Segment: Source Data: Study Period: 14 N CHURCH CITY HALLPARKCOMPLEX RECREATION SR A1A SR A1A 15 60 Feet 0 T A Y L O R A V E N U E P O L K A V E N U E T Y L E R A V E N U E R I V E R S I D E D R I V E A R N O A V E N U E H I T C H I N G P O S T R O A D R I C H I E A V E N U E RESIDENCES OFFICE NO. PAGE bhargis 6/7/2023 12:20:01 PM \\tpafile02\netfolder\605.00 2019 D5 CSC Traffic Ops\TWO 111 - KIttleson SWA_SR A1A Pedestrian study\DGN\Collision Diagrams.dgn MAITLAND, FL 32751 SUITE 265 2301 MAITLAND CENTER PARKWAY FALLER, DAVIS & ASSOCIATES, INC. 15FOR TRAFFIC ENGINEERING CONTINUING SERVICES CONTRACT COLLISION DIAGRAM YEAR 3 (1/1/2022 - 12/31/2022)REAR END SIDESWIPE OUT OF CONTROL RIGHT TURN ANGLE LEFT TURN OVERTURNED HEAD ONXX X INJURY FATAL HIT BIKE HIT UTILITY POLE BACKED INTONUMBER COLLISION HIT TREE HIT SIGN OTHER FIXED OBJECT HIT PEDESTRIAN 1 2 3 4 5 6 70080000 SR A1A Taylor Avenue to Tyler Avenue/Riverside Drive County:Brevard Signal Four Analytics Milepoints:1.807 - 1.918 From 1/1/2022 To 12/31/2022 12 Months No.HSMV No.Date Day of Week Time Alcohol/ Drugs Lighting Roadway Surface Number of Fatalities Number of Injuries Harmful Event Contributing Cause 1 24130801 01/05/22 Wednesday 15:43 N Daylight Dry 0 0 Right Turn FTYRW 2 24130965 04/29/22 Friday 20:20 N Dark - Lighted Dry 0 1 Head On Swerved or Avoided Crash 3 24131019 05/20/22 Friday 20:02 N Dark - Not Lighted Dry 0 1 Pedestrian FTYRW 4 24597632 07/24/22 Sunday 19:40 Y Daylight Dry 0 1 Sideswipe Careless Driving 5 24597667 08/26/22 Friday 8:46 N Daylight Dry 0 0 Sideswipe Careless Driving 6 24597675 08/31/22 Wednesday 6:46 N Daylight Dry 0 1 Left Turn FTYRW COLLISION SUMMARY Section: State Road: Roadway Segment: Source Data: Study Period: 16 70080000 SR A1A Taylor Avenue to Tyler Avenue/Riverside Drive County:Brevard Signal Four Analytics Milepoints:1.807 - 1.918 From 1/1/2022 To 12/31/2022 12 Months COLLISION SUMMARY Section: State Road: Roadway Segment: Source Data: Study Period: Total Number of Crashes Total Number of Fatalities Total Number of Injuries Alcohol/ Drugs Daylight Dusk Dawn Dark - Lighted Dark - Not Lighted Dark - Unknown Lighting Dry Wet 6 0 4 1 4 0 0 1 1 0 6 0 100%N/A N/A 17%67%0%0%17%17%0%100%0% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 0 2 0 1 1 1 1 0 0 0 0 0 0%33%0%17%17%17%17%0%0%0%0%0% Fell/Jumped from Motor Vehicle Thrown or Falling Object Railway Vehicle Parked Vehicle Ran into Water/Canal Work Zone/Maint Equip Impact Atten/Crash Cushion Bridge OH Structure Bridge Pier or Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Ditch Embankment Guardrail Face Guardrail End Cable Barrier Concrete Traffic Barrier Other Traffic Barrier Tree (standing)Utility/Light Pole Traffic Sign Support Traffic Signal Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0%0%0%0%0%0%0%0%0%0%0%0% Mailbox Other Fixed Object 0 0 0%0% Unknown/Not Coded No Contributing Action Careless Driving FTYRW Improper Backing Improper Turn Followed too Closely Ran Red Light Drove too Fast for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 2 3 0 0 0 0 0 0 0 0 0%0%33%50%0%0%0%0%0%0%0%0% Wrong Side or Wrong Way Failed to Keep in Proper Lane Ran off Roadway Disregarded other Traffic Sign Disregarded Road Markings Over- Correcting/Over- Steering Swerved or Avoided Crash Erratic or Aggressive Driving Other Contributing Action 0 0 0 0 0 0 1 0 0 0%0%0%0%0%0%17%0%0% SUMMARY 17 N CHURCH CITY HALLPARKCOMPLEX RECREATION SR A1A SR A1A 15 60 Feet 0 T A Y L O R A V E N U E P O L K A V E N U E T Y L E R A V E N U E R I V E R S I D E D R I V E A R N O A V E N U E H I T C H I N G P O S T R O A D R I C H I E A V E N U E RESIDENCES OFFICE NO. PAGEDITCH BOTTOM INLET POWER POLE SIGN TRAFFIC SIGNAL POLE DELINEATOR SIGNAL HEAD CONTROLLER CABINET DRAINAGE INLET MITERED END SECTION FIRE HYDRANT SIGNAL PEDESTRIAN LIGHT POLE bhargis 6/7/2023 4:00:35 PM \\tpafile02\netfolder\605.00 2019 D5 CSC Traffic Ops\TWO 111 - KIttleson SWA_SR A1A Pedestrian study\DGN\Conceptual Diagram.dgn BIKE RACK MAITLAND, FL 32751 SUITE 265 2301 MAITLAND CENTER PARKWAY FALLER, DAVIS & ASSOCIATES, INC. GUARDRAIL RAILING PEDESTRAIN FENCE 18FOR TRAFFIC ENGINEERING CONTINUING SERVICES CONTRACT CONCEPTUAL IMPROVEMENT DIAGRAM EXISTING TWO-WAY LEFT TURN LANE INSTALL PEDESTRIAN REFUGE ISLANDS IN EXISTING TWO-WAY LEFT TURN LANE INSTALL PEDESTRIAN REFUGE ISLANDS IN 1 /2 MILE 1 /2 MILE BUCHANON AVENUE/CENTER STREET (VERIFY NO CONFLICTING SIGNING) AND W16-3aP (NEXT 1/2 MILE) PLAQUE JUST NORTH OF PLACE W11-2 (PEDESTRIAN) WARNING SIGN WITH FLASHING BEACON (VERIFY NO CONFLICTING SIGNING) W16-3aP (NEXT 1/2 MILE) PLAQUE JUST NORTH OF HARRISON AVENUE PLACE W11-2 (PEDESTRIAN) WARNING SIGN WITH FLASHING BEACON AND Appendix SR A1A County:Brevard Observer:FDA MP 1.807 to MP 1.918 Count Periods:10:00 AM to 6:00 PM May 6th, 2023 Weather:Light rain from 11:26 AM to 12:10 PM Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike Ped Bike 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 10:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 2:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 2:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 2:45 PM 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 3:00 PM 0 0 0 0 0 0 0 0 1 0 0 0 1 0 1 0 2 0 1 0 3:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 1 1 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal 0 1 0 1 0 0 0 0 2 0 0 0 3 1 5 1 5 2 5 2 Max Hour Weekend Pedestrian/Bicycle Movement Summary: SR A1A between Taylor Avenue to Tyler Avenue/Riverside Drive Crossing WB Location D Crossing EB Crossing WB Main Road: Section:70080000 Segment Limit: Count Date: Start Time Pedestrian/Bicycle Movements Location A Location B Location C Total Pedestrian/Bicyclist Crossings Crossing EB Crossing WBCrossing EB Crossing WBCrossing EB 0.3 0.0 1 1 0 0 Crossing WBCrossing EB 2 0Total202 10 14 0.5 0.8 0.9 0.9 4 6 7 7 0.1 0.1 0.0 0.0 2110020224 0.3Avg/Hour 0.0 0.3 1.3 1.8 Count Limits FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION STATISTICS OFFICE 2022 HISTORICAL AADT REPORT COUNTY: 70 - BREVARD SITE: 0135 - ON A1A, 0.019 MI. N OF HENDRY AVE (UVL) HPMS YEAR AADT DIRECTION 1 DIRECTION 2 *K FACTOR D FACTOR T FACTOR ---- ---------- ------------ ------------ --------- -------- -------- 2022 33500 F N 16500 S 17000 9.00 53.90 4.20 2021 33500 C N 16500 S 17000 9.00 54.30 4.20 2020 33500 F N 15500 S 18000 9.00 55.00 11.10 2019 34500 C N 16000 S 18500 9.00 54.70 11.10 2018 28500 C N 16000 S 12500 9.00 54.10 5.00 2017 30500 F N 13500 S 17000 9.00 54.30 15.70 2016 29000 C N 13000 S 16000 9.00 53.40 15.70 2015 29000 C N 16000 S 13000 9.00 53.80 5.10 2014 30000 C N 15500 S 14500 9.00 53.80 3.60 2013 31000 C N 16500 S 14500 9.00 54.20 5.90 2012 35500 C N 18500 S 17000 9.00 53.60 3.80 2011 33000 C N 17000 S 16000 9.00 54.30 4.20 2010 35500 C N 18000 S 17500 10.91 56.02 3.40 2009 33500 C N 17000 S 16500 11.80 61.02 3.50 2008 42000 C N 21500 S 20500 11.37 57.79 3.70 2007 37000 C N 19000 S 18000 9.20 54.21 3.70 AADT FLAGS: C = COMPUTED; E = MANUAL ESTIMATE; F = FIRST YEAR ESTIMATE S = SECOND YEAR ESTIMATE; T = THIRD YEAR ESTIMATE; R = FOURTH YEAR ESTIMATE V = FIFTH YEAR ESTIMATE; 6 = SIXTH YEAR ESTIMATE; X = UNKNOWN *K FACTOR: STARTING WITH YEAR 2011 IS STANDARDK, PRIOR YEARS ARE K30 VALUES C.ndidate RRR with safety Improvements Project Technical Scope August 28, 2024 452688-2: SR AlA from Sout h of Hayes Avenue to North of Harrison Avenue State Road Numbers: A1A Section Number: County: 70080-000 Brevard Project Limits: Begin MP/End MP: So uth of Hayes Avenue to North of Harrison Avenue 1.373 to 1.980 (Length 0.607 Mi) FM: 452688-2 1. Existing R/W Map Project Numbers: 70080-2202 (1959) MP 0 .400 to MP 3.149 430202-3 (2015) MP 0.000 to MP 4.368 2. Old Construction Project Numbers: 237459-1 (1998) MP 0 .000 to MP 4.114; Reco nstruct 417159-1 (2006) MP 0.012 to MP 3.200; Resurfacing 435647-1 (2018) MP 1.151 to MP 2.129; Traffic Signals 3. Additional R/W required? No 4. Level of Community Awareness Plan: CAP Level 1 5 . Agreements requ ired? 0 No 1181 Yes 0 Yes, including Loca l Funds. 6. Are there any bridges within the limits? No 7. Are there any RR Crossings within the project limits or No in the vicinity? 8. Are t here any Airports within 10 nautical miles? Merritt Island Airport (COi} Cape Canaveral Space Force Station Skid Strip (XMR) Patrick Space Force Base ( COF) 9. Storm Water Management jurisdiction: SJRWMD 10. Is the Project within CCCL (Coastal Construct/on No Control Line)? 11. Existing Utilities per Sunshine One Call: AT&T /Distribution Brevard County Public Works Engineering Division Charter Communications City of Cape Canaveral City of Cocoa City of Cocoa Beach Florida City Gas Florida Power & Light-Brevard Lumen Zayo Group/Formerly Lightwave, LLC 12. Any specia l MOT concerns? Yes, pedestrian detours, Port Canavera l, Emergency Management Services, Evacuatio n Route. 13. Any construction concerns? Utility Coordination 14. Posted/Des ien Speed Limits (mph): fui!i1l! ~ ~ SRAlA 45 40 15. Design Criteria and Highway System: SHS, FDM Facility Context Classification SRAlA C4 16. Lump Sum or Pay Item? Pay Item 17. Proposed Design Sched ule: 18 Months Agreements Required: The Engineer should coordinate to obtain an agreement with Brevard County/City of Cape Canaveral (per Brevard County Ma.ster Agreement) for any maintenance related to the proposed improvements. Project Locatio n Map: Th OIT'e Depot 9 .. Additional Pedestri.,n Sla,ns along SR AlA and provide new PHB Midblock Crossing at cape Canavera l City Hall. C..ndldate RRR with Safety Improvements Project Techni<:al Scope KE:ll'f PARK $VA,-:$1 0t fSTA 1'£$ Port Canaveral END PROJECT LIMITS MP 1 .980 MP 1.373 Cape Canaveral • AVO N 8Y l Hf S U [orl Wilson Park 9 S"ORfWOOO CON DO The Engineer is responsib le for verifying all items in the proposed scope and shall review the project for conform ance with all applicable criteria and standa r ds. Intent and Nature of Project: The purpose of this project is to: l) install an additional pedestrian warning sign in the northbound direction along SR AlAjust south of the Hayes Avenue intersection, 2) install a new PHB Midblock crossing at City of Cape Canaveral City Hall, and 3) install an additional pedestrian warning sign in the southbound direction along SR AlA just north of the Harrison Avenue intersection. Project Descripti on: • Project is located on SR AlA (N . Atlantic Avenue), from south of the Hayes Avenue intersection to just north of the Harrison Avenue intersection in the City of Cape Canaveral within Br evard County, Florida. • SR AlA is classified as an urban principal arterial with Access Classification 05. • City of Cape Canaveral City Hall is located at the intersection of SR AlA with Ty ler Avenue/Riverside Drive. • Cape Canaveral Leisu r e Services Department is located at the intersection of SR AlA with Fillmore Avenue. • City of Cape Canaveral Police Department is located on Polk Avenue. • Cape Canaveral Fire Station #S3 is located on Jackson Avenue (280-ft north of the project limits) with an emergency signa l at the intersection of SR AlA and Jackson Avenue. • No activ e projects currently intersect within the project l imits. • The following tentative projects have been identified within the vicinity of this project: candidate RRR With Safety I mprovements Project Technical Scope Multimodal Scope Items: • A traffic control plan should be provided for Transit, Bicycle, and Pedestrian facilities to maintain connectivity within the corridor in the event of lane closures/detours during milling and resurfacing operations. Transit: • There are six (6) 321Transit (Space Coast Area Transit) bus stops within the project limits . Coordinate with Te rry Jordan (321) 635-7815 Ext. 52960; terry.iordan@brevardfl.gov for work to be included within this safety improvement project. • There is one (1) 321Transit (Space Coast Area Transit) bus route (route 9) that operates within the project limits. Coordinate with Terry Jo rdan (321) 63S-781S Ext. 52960; terry .jordan@brevardfl.gov to avoid disruptions during construction. Bicycle facilities: • No marked bicycle facilities are present within the project limits. • Existing 4-foot paved shoulders are to remain as is. Bicycle lanes and key holes will not be provided within project limits. Pedestrian facilities: • Provide a new Pedestrian Hybrid Beacon (PHB) midblock crossing at City of Cape Canaveral City Hall (MP 1.866), between Richie Avenue and Hitching Po st Road . Permitting Scope Items: • Coo rdinate with FOOT, submitting a permit determination letter to the Environmental Permits Office, Attention District Five Permits Coordinator, for review and concurrence during the design process, considering the below descriptions of work and conditions. o This project is not anticipated to exceed one acre of soil disturbing actlvities and will not require NPOES coverage under the FDEP Generic Permit for Stormwater Discharge from large a nd Small Construction Activities. Environmenta l Scope Items: • Environmental assessments by a qualified environmental professional for the following item_s w ill be performed under t he FM-452688-1 POP project: o A protected species assessment is required for the project. The level of assessment should be commensurate with the scope of work. The assessment should focus on species applicable to the project area w ith consideration given to consultation areas, habitats, and known occurrence data. o A contamination assessment is required for the project. The level of documentation required will be dependent on the contamination sites in the area, scope of work proposed, and previous assessments conducted. Coordinate with the District Contamination Impact Coordinator to determine project needs. • A Cultural Resources Assessment is required and is to be conducted by Cultural Resources Professionals as outlined in 36 CFR Part 61 and set furth in the Professional Qualifications Standards section of the Secretary of the Interior's Standard and Guidelines for Archaeology and Historic Preservation. This assessment will be performed under the FM-452688-1 POP project. Structural Scope Items: • A structural design and analysis will be required for one (1) new mast arm PHB at MP 1.866. Standard assemblies are anticipated. Traffic Operations (Includ es Signing, Signa ls, ITS) Scope Items: Signing and Pavement Markings • Signing and Pavement Marking shall be completed for the proposed improvements. The Engineer will prepare the Inventory of all signing within the project limits including evaluation fo r compliance with FOOT Candidate RRR with Safety ltnptovements Project Technical Scope o 452688-1 (Resurfacing on SR AlA from SR 520 to George King Blvd, MP 0.028 to MP 3.137 with an anticipated letting date of 12/01/2026) o 430202-8 (Miscellaneous Construction on SR AlA from Long Point Or to George King Blvd MP 2.250 -MP 3.288) o 430202-5 (Miscellaneous Construction on SR AlA from S of International Or t o Long Point Or, MP 1.949 to MP 2.300 with an anticipated letting date of 08/26/2026) Typical sections: • Per field review and as-built plans, the project includes one (1) existing typical section. o Existing typical section consists of two (2) 10-foot travel lanes in each direction separated by a 10- foot two-way left-turn lane and 4-foot outside paved shoulders. Shallow roadside swales run the length of the project with a 5-foot sidewalk at or near the Right-of-Way. • The project includes one (1) proposed typical section at the location of the new PHB Midblock crossing, which will be approximately 415-ft along SR AlA. o Proposed typical section consists o f two (2) 10-foot travel lanes and 4-foot outside paved shoulders (retain existing) in each direction separated by a 10-foot raised median island. The existing shallow roadside swales running the length of the project with a 5-foot sidewalk at or near the Right-of-Way will be retained, with the exception of a 65-ft run of the existing sidewalk on the west side of SR AlA which will be removed and reconstructed for the installation of the proposed mast arm foundation. Roadway Scope ltelTI$: • No Pavement Condition Assessment is anticipated to be completed by FOOT prior to design. Existing pavement was observed to be in good to fa ir condition and MPSV data will not be provided by the Department. Two (2) pavement designs (one for milling and resurfacing paved travel and auxi liary lanes, and one for milling and resurfacing of paved shoulders) developed under the FM -452688-1 POP project shall be used for this project. • Provide raised median islands/pedestrian refuge islands and eliminate two-way left-turn lane from MP 1.861 to MP 1.914 for proposed PHB midblock crossing. • Remove and replace an existing 65-ft section of the existing 5-ft concrete sidewalk on the west side of SR AlA. • Provide concrete sidewalk connections from the proposed PHB crosswalk to the existing and reconstructed 5-ft concrete sidewalks on both sides of SR AlA with detectable warnings . • Mill and resurface approximately 415-ft of the existing travel lanes and paved shoulder pavement along SR AlA. • Temporary Traffic Control Plans should be provided for any project aspects that deviate from Standard Plans Index 102-600. Drainage Scope Items: • The primary goal for improvements along this corridor is to utilize the existing drainage system where feasible. The Engineer should analyze the existing drainage system to ensure it will accommodate the proposed improvements. Utility Scope Items: • Adjust all valve covers, utility pull boxes , fire hydrants, and utility manholes to be flush with proposed sidewalk, ramps, roadside, and roadway pavement as necessary to complete the proposed improvements. • Uti lity relocations are anticipated for these project improvements. candidate RRR with Safety lmprowments Project Technlcal Scope Survey Scope Items: • Obtain Design Survey, collecting data for the areas and locations required to complete the design . Total survey area will be determined by the engineer based on the limits of disturbance and any adjustment required due to the proposed improvements. o locate utilities as Quality level B "Ql B" and surface features including valve covers, meter boxes, manholes, utility poles, etc. within the project limits. Quality Level A "QL A" utility information is anticipated at locations for construction activities that involve underground work within proximity to drainage structures, light poles, sidewalk, pedestrian signa l structures, etc. For estimat ing purposes, 20 Vvh's a re assumed. o locate existing drainage structures within survey areas determined by the engineer plus the nearest connecting structure beyond those limits . Pipe sizes, flow lines, material type, utility poles, etc. are required. o Inc lude items identified by the environmental assessment. Right of Way and Mapping Scope Items: • Establish the existing Rights of Way by existing Maps or Record Subdivision Plats and the field monumentation, within the areas of proposed improvements. Right of Way depicted on the Concept Plans is an approximation based on record maps or plats best fit to the aerial, no survey has been performed. Geotechnical Scope Items: • Perform and obtain the necessary geotechnical information as directed by the Geotechnical Office: o Obtain and analyze SPT boring for the proposed PHB signal foundat ion as described in t he Traffic Operations Scope. Design Documentation: • The design documentation items noted below are necessary to implement the proposed improvements. The Engineer is responsible for verifying all items in the proposed Scope and design conform with all applicable criteria and standards, Including the identification of any required Memoranda, Variations and Exceptions. • Design Variation Memorandum o Lane Width -Per FDM Table 210.2.1, provide 11-foot minimum travel lane width for C4 context classification in 45 mph design speed. Existing condition provides 10-foot travel lanes throughout project limits. o Median Width -Per FDM Table 210.3.1, provide 22-foot minimum median width for C4 context classification in 45 mph design speed. Existing condition provides a 10-foot median width throughout project limits, which is to remain. o Two-Way Left Tum Lane -Per FDM Table 210.2, two-way left tum lanes (flush median) may be used on 3-lane and 5-lane typical sections with design speeds<= 40 mph. Design speed of SR A1A is 45 mph throughout project limits. o Signal Spacing -Per FDM Table 201.4.2, minimum spacing for traffic signals with access classification 5 is 1320-feet. Proposed PHB location does not provide minimum spacing between signa ls . o Turn Lane Length -Per FDM Exhibit 212·1 and FDM 212.14.2, the minimum total turn lane length for a roadway with 45 mph design speed should be 285-feet. • Design Variation o None. • Design Exception o None. candidate RRR with Safety Improvements Project Technical Scope Specifications, FDM, Standard Plans, MUTCD, FHWA, etc. criteria. Any non-compl iant signs or pavement markings shall be addressed in the plans. • Install one (1) Wll-2 {Pedestrian Warning) sign with flashing beacon and with a W7•3aP plaque at MP 1.373 in the northbound direction of SR AlA. • 1n·stall all requ ired signing for proposed PHB at MP 1.866 per FDM 230.6.1. • Install one (1) W11·2 (Pedestrian Warning) sign with flashing beacon and with a W7•3aP plaque at MP 1.980 in the south bound direction of SR AlA. Signals • Project limits inc lude one (1) existing signalized intersection, and one (1) new propo sed PHB midblock signal ized i ntersection. See intersection work outl ined below: SR AlA (N. Atlantic Ave.) and Buchanan Ave./Center St. (MP 1.639): o No improvements are proposed at this tim~. SR AlA (N. Atlantic Ave.) Midblock Crossing (MP 1.866): o Prov ide new PHB midblock crossing to connect reconstructed southbound sidewa l k to existing northbound si dewalk at the City of Cape Canaveral City Hall. Provide new mast arm w ith new 3 section cluster flashing red signal heads w ith new motorist ed ucational signs. o Prov ide new ped poles with ped signals and push buttons on the northbound and southbound di r ections of SR AlA for proposed crosswa lk. • For new signals, the Eng ineer shall design the signal to be a smart signal compatible with the districtwide ATSPM database and future compatibility for at including enhanced detection. The smart signa l design shall include: o Provide plan sheets that include: • Stop bar detection for all lanes of the intersection which will pr ovide 1 min batch Turning Movement Counts. • Advance detection for all lanes of the intersection (including turn lanes). • Communication between the controller and ATSPM system. • ATC contr ollers that are compatible with the maintaining agencies ATMS software, capable of high-resolution data logging and are forward compatible with at and ICM expansion efforts. o Provide detector channe l designation details within the plans. o Provide any MSP/TSPs necessary for the required submiss ion of the signal field inventory application prior to Final Acceptance of construction for approval of the Department and ent ry into the ATSPM system. • The designer is !lQ! to use plan notes to ensure compatibility with existing ATMS. Proprietary Product Certification process shall be used. Additional smart signa l guidance can be found here: https://cflsmartr oads .com/pro jects/smartsigna ls.html • Coordinate any signalization requir ements including for lane closu r es/detours with Brevard County Traffic Ops. Intelligent Tr ansportation Systems (ITS) • No ITS impr ovements are anticipated for this project. Lighting scope Items: • Provide One (1) Pedestrian Hybrid Beacon (PHB) midblo ck lighting site between Richie Avenue and Hitching Post Road. • Coordinate with the Office of Environmental Management for planning to include areas where wildlife· sensit ive lighting shou ld be considered. • The Engineer is responsib le to coordinate with all on -going design projects for overlap. La ndscaping Scope Items : • No la ndsca pi ng wor k is anticipated for this project. Candidate RRR wtth Safety Improvements Project Technical Scope candidate Project Development Considerations (items not to be included in final design): • None Z8v'I 3Nn HJ.L'r/W !;l9'l 3Nli H:J1JtW Z:81>'1 3N/1 H:)1.''tW BPl.'I :JN/1 H:).L't/1,v 5;19'1 :JN/1 H::>.L't/i,v & l88"l :INn H:J.l'<IW Bfli."l :IN/1 H:J.l'<IW • css·r 3Nn H:>.J.ttw CITY OF CAPE CANAVERAL CITY COUNCIL MEETING · MARCH 18, 2025 AGENDA ITEM SUMMARY · PRESENTATIONS - ITEM #5b Subject: Presentation by the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Brevard County Extension showcasing best management practices regarding beachside sea grapes. Department: Community and Economic Development Summary: The City of Cape Canaveral (City) is a vulnerable barrier island community adjacent to the Atlantic Ocean, encompassing a stretch of recently renourished beach about two miles in length from Johnson Avenue (south end) to Jetty Park in Port Canaveral (north end). Proper beach management is vital to maintaining the short- and long-term resilience of the local economy, resident safety, biodiversity, and community preparedness against tropical storms and hurricanes, King Tide events, coastal flooding, and sea level rise. The dune line significantly mitigates the impacts of storm surge primarily through established vegetation, which provides integrity for the dune system. Any property owner has the right to maintain its own dune vegetation such as sea grapes (to include trimming) within a Florida Department of Environmental Protection (FDEP) permit, but it is important understand the monetary, life safety, and environmental implications of such activities. Dunes act as a berm, offering a natural barrier protecting residents and business from wave inundation. Native vegetation grows within the dunes and traps windblown sand, reinforcing height and width increases of the all-important sand dunes. According to the National Oceanic and Atmospheric Administration (NOAA), storm surge is the greatest threat to life and property during a hurricane event, as documented during Hurricane Ian (2022), Nicole (2022), and Milton (2024), for example. Sea grapes also serve as a downstream windbreak, reducing wind stresses on adjacent buildings and mitigating further costly damage, as evidenced by Federal data. Root systems anchor the dunes, preventing erosion caused by high winds and water inundation. In addition to reducing the risk of coastal flooding and structural damage, dune vegetation is an ecological habitat supporting significant local wildlife, especially local sea turtle populations. Brevard County is one of the most concentrated nesting sites in the entire world as scientists record tens of thousands of nests annually, including those of several endangered sea turtle species (loggerhead, green, and leatherback, among other species), whose existence is paramount to our ecosystem. In addition to nest protection, beachfront canopy limits light exposure, which causes hatchling disorientation and subsequent injury or mortality. Vegetation maintenance and lighting visible from the street is regulated under the City’s Code of Ordinances and Florida Statute 379.2431 (Marine Turtle Protection Act). For further information, please access the Coastal Construction Control Line webpage (https://floridadep.gov/rcp/coastal-construction-control-line) or the Florida Fish and Wildlife Conservation Commission Sea Turtle Conservation Program website (https://myfwc.com/wildlifehabitats/wildlife/sea-turtle/). As shown in the City of Cape Canaveral’s Beach Management Guidelines packet (Attachment 1), the FDEP is the responsible entity for any regulatory guidance east of the Coastal Construction Control Line (CCCL). All beachside dunes are east of the CCCL in Cape Canaveral. Before any dune maintenance, property owners must obtain direct FDEP and property owner approval. Trespassing City of Cape Canaveral City Council Meeting · March 18, 2025 Presentations/Interviews Page 2 of 2 onto another’s property (including the City’s) to maintain vegetation without the property owner’s approval is illegal. Additionally, it is prohibited to enter into the dunes under state law without a permit or proper authorization. Furthermore, property owners maintain the responsibility to ensure that native beach-dune plants are not damaged or destroyed from the maintenance. Violation of any code results in Code Enforcement action as applicable. Any individual intending to perform vegetative maintenance must first gain approval of the property owner(s) of any land within the project area and subsequently send the propose scope of work (i.e., address, description of project, photographs, and specifications/plans) to a CCCL permit manager in a consultation request to cccl@dep.state.fl.us. Holly Abeels, Florida Sea Grant Extension Agent with the UF/IFAS Brevard County Extension, will present Attachment 2 at the March 18, 2025, Regular City Council Meeting showcasing sea grape-related best management practices. Submitted by: Zach Eichholz and Brianna Soat Attachment(s): 1. City of Cape Canaveral Beach Management Guidelines packet 2. UF/IFAS sea grape best management practices presentation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Interim Administrative/Financial Services Director: Cheryl Puleo The Interim City Manager recommends the City Council take the following action(s): Receive and file presentation by UF/IFAS Brevard County Extension showcasing best management practices regarding beachside sea grapes. Approved by Interim City Manager: John DeLeo City of Cape Canaveral Beach Management Guidelines* Community and Economic Development Department The City of Cape Canaveral (City) is a barrier island community adjacent to the Atlantic Ocean. The City’s location affords it a stretch of beautiful beach about two miles in length from Johnson Avenue to Jetty Park in Port Canaveral. Proper beach management is vital to the resilience and sustainability of the City’s local economy, biodiversity, and coastal protection from tropical storms and hurricanes. This guidance packet is designed to help residents and visitors better understand best management practices related to the beach, identifies important rules and regulations, and contains contact information for various available resources. It is important to note that the City is not the regulatory government agency responsible for the maintenance and upkeep of the beach and its associated dune system. The Florida Department of Environmental Protection (FDEP) is the responsible entity for any regulatory guidance east of the Coastal Construction Control Line (CCCL). To determine where your property is in association to the CCCL, please visit the FDEP’s website below. FDEP CCCL Map Figure 1. The City of Cape Canaveral has a nearly two-mile stretch of beachfront along the Atlantic Ocean. Page 2 CCCL Dune Plant Maintenance Guidelines These guidelines provide best management practices for maintenance of seagrapes and other salt tolerant dune plants protected seaward of the CCCL by state law 161.053 (2) (a), Florida Statutes. Sea oats, seagrapes, and other plants growing on Florida dunes give significant benefits to beaches, dunes, upland properties, and wildlife. Salt tolerant dune plants: • Build protective dunes by trapping and stabilizing wind-blown beach sand, • Reduce erosion losses by wind and storms, • Provide a buffer against storm surge, high winds, and salt spray, • Provide shelter for native wildlife, and • Block light pollution for nesting and hatchling sea turtles. Dune plants are resilient and adapted to survive storms and grow back through natural recovery processes. At the same time, dune plants can be easily damaged by construction and human activities, and require long recovery times. It is important to conduct dune plant maintenance so that the plants are not permanently damaged and dune systems are protected. What are Dune Plants? Dune plants are those native trees, shrubs, grasses, groundcovers and other plants found in beach dune, coastal berm, coastal grassland, coastal strand and maritime hammock natural communities as described by the Florida Natural Areas Inventory (see Guide to the Natural Communities of Florida – 2010 Edition). Native plants are those species documented as native or endemic in the Atlas of Florida Vascular Plants maintained by the Institute for Systematic Botany. Nuisance or Invasive Exotic Plant Species are those species listed in the Florida Exotic Pest Plant Council’s List of Category I and II Invasive Species. Plants that have been intentionally planted or installed, or inadvertently introduced into the dune system for purposes other than for dune restoration, are considered to be ornamental or landscape plantings. Figure 2. Sea oats. Page 3 What Permits, if any, are Required to Cut Dune Vegetation? Cutting dune vegetation seaward (east) of the CCCL requires a CCCL permit from the Florida Department of Environmental Protection (FDEP) unless the activity qualifies as a minor activity as determined by the department, to not have an adverse effect on the coastal system, such as “maintenance of existing beach-dune vegetation” exempted in state law. Vegetation maintenance that does not damage native dune plants includes trimming, shearing, pruning, dead heading and other accepted horticultural practices, and does not require a CCCL permit pursuant to section 161.053(11), F.S. An exemption of the work from CCCL permitting requirements does not shield the property owner from his or her responsibility for following other laws or from enforcement action taken by other local, state, or federal agencies. Furthermore, proper arboricultural and horticultural practices must be followed to ensure that the native beach-dune plants are not damaged or destroyed from the maintenance. Trespassing onto another’s property, or on City property, to remove vegetation without the property owner’s approval is also not allowed. It is prohibited to enter into the dunes under state law without a permit or proper authorization. CCCL staff are available to assist property owners in determining if the dune maintenance project is exempt, or if not exempt, in processing the proper CCCL permit. CCCL field inspectors can schedule site visits to meet on the property, discuss projects over the phone, and issue CCCL Field Permits as needed. Additionally, property owners can send dune maintenance project information (i.e. address, description of work, photographs and plans) to a CCCL permit manager in a consultation request emailed to cccl@dep.state.fl.us. The permit manager can assist with the processing of a CCCL Individual Permit application as needed. Both CCCL field inspector and permit manager contact information is located at the FDEP CCCL webpage or by calling (850) 245- 2094 and asking for the CCCL staff member assigned to the county of the project. General Dune Plant Maintenance Guidance • The City recommends contacting the proper office at the FDEP prior to conducting any maintenance or trimming to ensure permitting requirements or exemptions are met. • Work is to be conducted in a way that does not alter or damage dune topography or beach-dune vegetation, require new beach access, disturb marked sea turtle nests or known nest locations, obstruct public access, cause excavation of the ground or damage adjacent properties. • Any disturbance of the beach or soil surface must be restored to a stable, pre-work condition. • Removal of beachfront vegetation must not result in the increase of the visibility of artificial light from the beach, nor additional exposure of salt-sensitive plants or property to increased salt spray. Page 4 • Vegetation maintenance, trimming, or removal requires the approval of the property owner or if on public property, the approval of the responsible government resource management agency. • Native dune plants damaged by unauthorized maintenance activities must be replaced to the approval of the Department. • The City does not require a permit to remove invasive species, but please consult with the FDEP before doing so seaward (east) of the CCCL. Property owners and others maintaining native vegetation seaward (east) of the CCCL must consider possible harm to sea turtles. Removal of beachfront vegetation increases the potential for disorientation and subsequent injury or mortality of hatchling sea turtles, which are attracted to light. Pruning or trimming removes vegetation from the canopy that often blocks lights from shining on the beach and thus protects sea turtle nesting habitat. Vegetation maintenance that increases lighting of the beach must be in compliance with section 379.2431, Florida Statutes, "Marine Turtle Protection Act." Information on lighting issues is provided in the publication “Sea Grape Trimming and Sea Turtles,” available on the CCCL webpage or by visiting the Florida Fish and Wildlife Conservation Commission sea turtle conservation program website. The Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section can be reached at (850) 922-4330 or marineturtle@myfwc.com. • If reducing the tree crown or canopy of the dune vegetation, the property owner must evaluate existing or potential sources of light visible from the beach and take appropriate measures to eliminate the possibility of increased light cast on the nesting beach. Before cutting down vegetation seaward of a beach house, property owners can protect sea turtle nesting habitat by replacing light fixtures that are visible from the beach with shielded “can” type or other fixtures. • Operation, transportation, or storage of equipment or materials, including skid steers, cherry pickers and other equipment on the beach or frontal dune must be scheduled outside sea turtle nesting season, or coordinated with CCCL and FWC staff if proposed during nesting season. This may require engaging the services of a state permitted biologist to ensure that proposed activities avoid all sea turtle nesting, nests and hatchlings. Sea Turtle Nesting Season Brevard County, Florida is the nesting site of several endangered sea turtle species, including the Loggerhead, green, and leatherback species. Each season, there can be thousands of nests beachside. Important things to remember are: Page 5 • Sea turtle nesting season in the City runs annually from March 1 to October 31. • Please keep your distance from any sea turtle-related activities. Do not disturb sea turtles on the sand or in the ocean, eggs, hatchlings, or nest markers. • Turn off all lights visible from the beach including flashlights, camera lights, and cellphone screens. Please close all window shades. Exterior lights must be turtle-friendly, shielded, or turned off. • Leave only footprints. No dogs are allowed on the beach, no fireworks are allowed on the beach, no bonfires are allowed on the beach, and no motor vehicles are allowed on the beach. • To report injured wildlife, report incidents online or call 888-404-FWCC (3922). Cellphone users can also call *FWC or #FWC, or send a text to Tip@MyFWC.com. Seaweed (Sargassum) The beaching of seaweed – also known as sargassum or beach wrack – is a common occurrence in the City. While sometimes unsightly and a little smelly, it is important to remember the vital role that beach wrack plays in the ecological systems of the beach. “Wrack'' is the broad term used to describe a collection of seaweed (sargassum), surfgrass, driftwood, and other organic materials produced by coastal ecosystems that wash ashore on the beach. Wrack can help anchor dunes by trapping and storing windborne sand - creating hummocks and dunes - and providing the structure needed for land plants to take root and grow on the upper portions of the beach. These dunes not only support a unique ecosystem of plants and animals; they also act as natural barriers to large waves and storm surge, making them instrumental in the protection of coastal communities from flooding and erosion. Wrack feeds many creatures that live on and in the sand; these creatures in turn provide a food source for other animals, including migratory and shore birds. Wrack decomposes over time, releasing essential nutrients into the beach, acting as rich fertilizer for surrounding ecosystems. One scientific study found that land plants near wrack grow 70% faster than plants without wrack nearby. Mechanical removal of beach wrack risks disturbing the nests of endangered sea turtles species and shore birds. It is not uncommon for sea turtle hatchlings to take shelter in beach wrack as they make their way to the ocean for the first time. Removal of this material could inadvertently remove them as well. Unless a sargassum beaching event is deemed a risk to human health by appropriate state and county authorities, it is the City’s policy not to remove wrack from the beach. To find out more Page 6 about beach wrack, please utilize the Florida Fish and Wildlife Conservation Commission’s website here: Beach Wrack Information *This pamphlet is for informational purposes only, and while the City believes the information contained in this pamphlet is accurate, each user of this pamphlet understands that they are responsible for conducting their own due diligence. It is recommended that if you plan any activity on or near the dunes, you contact FDEP directly via the contact information contained herein. The City of Cape Canaveral disclaims any liability for any damages in connection with unauthorized activities on or near the dunes. Sea Grapes in Florida Holly Abeels Florida Sea Grant Extension Agent March 18, 2025 FL O R I D A S E A G R A N T Holly Abeels, M.S. has been the Florida Sea Grant Extension Agent for the University of Florida IFAS Extension Office in Brevard County since January 2010. I have a Master’s in environmental science from Florida Gulf Coast University and a Bachelor’s in marine biology from Long Island University. I am currently working on a Ph.D. in interdisciplinary ecology from the University of Florida. I specialize in coastal and marine environmental education, emphasizing the environmental health, sustainability, and resiliency of the Indian River Lagoon, Brevard County, and the east-central Florida region. Holly Abeels Florida Sea Grant UF/IFAS Extension Agent BREVARD COUNTY FL O R I D A S E A G R A N T •Native tree found on sand dunes in Florida •Tropical species that don’t tolerate freezing, but they do have a high salt and drought tolerance •Have large round leaves •Can reach a height of 35-50 feet Sea Grapes Photo credit: Holly Abeels FL O R I D A S E A G R A N T •Habitat for wildlife such as birds, gopher tortoises, and butterflies •Female trees produce a green grape that turns purple when mature •Fruit is eaten by birds, mammals, and other wildlife •Prevent artificial light from reaching the beach, which is important for protecting sea turtle nesting females and hatchlings Sea Grapes Photo credit: Holly Abeels FL O R I D A S E A G R A N T Sea Grapes and Sea Turtles •Sea grapes act as a natural barrier blocking artificial light from nesting beaches •Trimming or removal of sea grapes (and other beach vegetation) can increase illumination levels on the beach and deter nesting and/or disorient hatchlings •This is considered interference with normal nesting behavior and can expose property owners to potential fines (Florida Statute 379.2431(1)) Photo credit: Holly Abeels FL O R I D A S E A G R A N T FWC Sea Grape Trimming and Sea Turtles FL O R I D A S E A G R A N T FWC Sea Grape Trimming and Sea Turtles FL O R I D A S E A G R A N T FWC Sea Grape Trimming and Sea Turtles FL O R I D A S E A G R A N T FL O R I D A S E A G R A N T •Protect the land and property behind them from •Salt spray •Erosion •Sand •Storms •Stabilize the beach and dunes, preventing erosion •For these reasons, sea grapes are protected under Florida Statute 161 Sea Grapes Photo credit: Holly Abeels FL O R I D A S E A G R A N T FL O R I D A S E A G R A N T FL O R I D A S E A G R A N T FL O R I D A S E A G R A N T •Research on the global economic benefits of mangroves found that annually, mangroves reduce property damage by more than $US 65 billion and protect more than 15 million people worldwide. •In Florida, research on flood damage to southwest Florida from Hurricane Irma found that mangroves reduced annual flood risk damage by 25% to properties in Collier County, averting $1.5 billion to properties. •On average, properties received $7,500 in risk reduction benefits for every hectare of mangroves along the southwest Florida coastline. •Mangrove forests have been found to dissipate storm surge energy by up to 66%, leading to less flooding and damage. Mangroves Photo credit: UF/IFAS Photo by Tyler Jones — LEARN MORE — (321) 633-1702 x52333 habeels@ufl.eduhttps://sfyl.ifas.ufl.edu/brevard CITY OF CAPE CANAVERAL CITY COUNCIL MEETING · MARCH 18, 2025 AGENDA ITEM SUMMARY – ITEM # 5c Subject: Presentation by Dean Ulrich, Waste Pro, to request a recycling service day change. Department: Public Works Summary: This is a request to change the curbside recycling collection service days in the City of Cape Canaveral. Currently, service days are Tuesday and Friday, with each day covering half of the City. We would like to consolidate recycling service to a single day, Wednesday, for the entire City. This adjustment would improve service efficiency and help us better serve residents throughout the week, as detailed below. Due to safety measures and distance restrictions for vehicles with helpers, our routes, especially for trash collection, have been running slower. On high-volume days, we sometimes struggle to complete trash routes within the scheduled time and must return the following day to finish the collection. Tuesday and Friday are our busiest service days, when we provide trash collection to Cape Canaveral, Grant-Valkaria, and Malabar. Additionally, we offer recycling service for half of Cape Canaveral on these days. By shifting all recycling service to Wednesday, we can free up a truck and crew for additional support with trash collection on Tuesday and Friday, while still maintaining sufficient resources for recycling on Wednesday, which will remain our lightest service day. Residents could be notified through several channels, including websites, the Cocoa water department billing, door hangers, yard signs at key locations, or direct mail from Waste Pro (if a mailing list is available). We would provide at least seven days’ notice to ensure a smooth transition, which we consider a top priority. Submitting Department Director: June Clark Attachment(s): Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Interim Administrative/Financial Services Director: Cheryl Puleo The Interim City Manager recommends the City Council take the following action(s): Approve request for a recycling service day change and authorize Interim City Manager to execute the same. Approved by Interim City Manager: John DeLeo CITY OF CAPE CANAVERAL CITY COUNCIL MEETING · MARCH 18, 2025 AGENDA ITEM SUMMARY · ITEM # _7_a-c Subject: CONSENT AGENDA The City Council may approve en mass all or some items by one motion and vote. Any Council Member may request that an item be removed from the consent agenda. Upon such request, the item will be removed from the consent agenda and considered immediately following the vote to approve the remaining consent agenda items unless placed elsewhere on the agenda by council vote. Discussion on consent agenda items will only be permitted on items removed from the consent agenda. Sec. 2-66.(b) City Code. Departments: City Clerk, Human Resources, and City Attorney Summary: a. Approval of Meeting Minutes (City Clerk Esther Coulson) Approve or correct the following meeting minutes i. January 28, 2025 Special and ii. February 18, 2025 Regular b. Interim City Manager Employment Agreement (City Attorney Anthony Garganese/Human Resources Director Natalie Watkins) At the February 18, 2025 City Council Regular Meeting, Administrative/Financial Services Director John DeLeo agreed to continue serving as Interim City Manager through April 15, 2025, with the understanding that the Council would be actively recruiting a permanent City Manager. The City Attorney drafted the Interim City Manager’s Employment Agreement (attachment 1) extending the appointment through June 1, 2025, unless terminated earlier by either the Employer or Employee. c. Executive Recruitment Services Firm – City Manager Contract (City Attorney Anthony Garganese) Colin Baenziger & Associates was selected as the executive recruitment services firm for the City Manager contract at the February 26, 2025 special meeting. Submitting Department Director: [See above] Attachments: 1. Meeting Minutes 2. Interim City Manager employment agreement 3. Executive recruitment services firm’s contract (Colin Baenziger & Associates) Financial Impact: Interim City Manager John DeLeo would receive an 18% increase above current salary through June 1, 2025. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The Interim City Manager recommends the City Council take the following action(s): Approve the consent agenda. Approved by Interim City Manager: John DeLeo DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday January 28, 2025 6:00 p.m. MINUTES CALL TO ORDER After the chair called the meeting to order at 6:01 p.m., Mayor Pro Tem Kellum led in reciting the Pledge of Allegiance to the flag. ROLL CALL: Council Members Present: Council Member Kim Davis Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Mayor Wes Morrison Council Member Don Willis, and Others Present: City Manager Todd Morley City Attorney Anthony Garganese Administrative/Financial Services (AFS) Director John DeLeo Community & Economic Development Director Brianna Soat AFS IT Manager Michael Schaffer Human Resources/Risk Management Director Natalie Harmon Executive Assistant to the City Manager/Office Manager Lisa Day Brevard County Sheriff’s Office Commander Brian Keck Brevard County Sheriff’s Office Corporal Jeremy Lewis, and City Clerk Esther Coulson APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS A motion was made by Mayor Pro Tem Kellum and seconded by Council Member Jackson that the city council approve the special meeting agenda as submitted. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. PUBLIC PARTICIPATION After Mr. Garganese confirmed, at Mayor Morrison’s request, that public comments unrelated to the item for consideration on this evening’s agenda would be at the city council’s discretion, Mayor Morrison called for interested parties to be heard: After Ms. Michelle Savastano, property owner, requested that the city resolve ongoing problems experienced with her property and adjacent City of Cape Canaveral, Florida DRAFT City Council Special Meeting · January 28, 2025 Minutes · Page 2 of 5 properties due to the aftermath of Hurricane Helene and the submittal of Federal Emergency Management applications, Mayor Morrison suggested that she send him an email to follow-up on the issue where an answer would be provided as soon as possible. Mses. Susan Denny, city resident and Planning and Zoning Board member; who addressed accountability in leadership and Virginia Scott, voiced concerns on the difficulty experienced in hearing this evening’s proceedings. Messrs. Stuart Smith, Business and Economic Development (BED) Board member and Joe Abreu, city residents, referred to good governance; transparency, and the immediate addressing of city matters; Pat Campbell, city resident, appeared by telephonic conference call, voiced concerns on the code of ordinances and code enforcement, and Bill Skinner, city resident, addressed the lack of transparency and the need to follow-up on issues; requested working together effectively, and asked to rectify code enforcement policy and procedures. The individuals below appeared before the city council citing reasons in suppor t of the existing city manager agreement: Mses. Day, Angela Raymond, city resident and property owner, Dawn Mays, business owner and BED Chair, also voiced concerns on this evening’s meeting notice requirement; Missy Aitken, city resident, property owner, and city employee; Jenny Coldiron (who appeared by telephonic conference call); Messrs. Dan Coon, Lamar Russell, Bruce Robertson, city residents; Brandon Ibach, visitor; Bob Baugher, property and business owner; John Bond, also referred to his January 28, 2025 letter to the city council (a copy of which is filed with the supplemental papers to the minutes of this meeting.) The following people came before the city council citing reasons to terminate the current city manager’s contract: Mses. Nancy Deen, Eileen Eidam, Lee Vicidonene, city residents; Tamara Muhlbach, Tina Freeman, city residents and property owners; Peg Schaller, city resident and property and business owner, Messrs. John Benton, property owner who addressed concerns over a code reduction hearing, and Tom Shoriak, city resident and property owner. By unanimous consent, Mayor Morrison closed the public participation. City of Cape Canaveral, Florida DRAFT City Council Special Meeting · January 28, 2025 Minutes · Page 3 of 5 CITY MANAGER EMPLOYMENT AGREEMENT Mayor Morrison gave reasons for recommending the termination of Mr. Morley’s July 24, 2020 employment agreement and distributed and cited his January 28, 2025 correspondence regarding reasons for his termination, a copy of which is filed with the supplemental papers to the minutes of this meeting. Following extensive discussions and at Mayor Morrison’s request, Mr. Garganese confirmed in the affirmative by quoting from the employment agreement subsection 11.C.(3), neglect of duty constitutes failures in supervising departments and resolving procedural issues; subsection 11.C.(4), demonstrate reckless failure in the mishandling of public records and performance in code enforcement and permitting and confirmed, in agreement with Mayor Morrison’s January 28, 2025 correspondence, same as the city council’s reasons to terminate for cause. Mr. Morley verified the 14th amendment due process issue, explained that it is the first time he has received Mayor Morrison’s January 28, 2025 correspondence , and voiced concerns on the conduct of this evening’s proceedings as he has not received notice from the city council of the specified charges. Mr. Morley referred to the council members’ statements made at the January 25, 2025 regular meeting, voiced his belief that this evening’s proceedings is a violation of the Florida Open Public Meetings Act which ought to cease immediately, and indicated that if Mr. Garganese does not advise the city council to stop the special meeting, he would pursue legal action immediately. At Mayor Morrison’s request, Mr. Garganese described the procedures that were undertaken to notice this evening’s meeting and determined that the 14th amendment due process violation is a conclusory statement where according to the charter, city code and the subject employment agreement, there are no procedures relating to same. Subsequent to further discussion, Mr. Morley distributed and cited his revised response relating to the Fillmore Avenue and Jackson Avenue Town Home projects addressed at the January 21, 2025 regular meeting, a copy of which is filed with the supplemental papers to the minutes of this meeting. Mr. Morley referred to the advice he and Mr. Garganese initially gave to the city council that it should not have been involved in the subject project and relayed the efforts he made to follow and implement the council’s instructions which inserted itself in a civil matter. Mr. Morley recognized and accepted the city council’s prerogative, if it chooses to terminate his position at this evening’s meeting, disputed that there is no cause as he does not work for one council member, and applauded the city employees present at this evening’s meeting on their professionalism, dedication and efforts. City of Cape Canaveral, Florida DRAFT City Council Special Meeting · January 28, 2025 Minutes · Page 4 of 5 After considerable discussion, and upon Mayor Morrison’s recommendation, the city council by unanimous consent, reopened the public comments and called for interested parties to be heard: Ms. Soat gave a recollection of events that transpired on the transfer of electronic records on her city-issued cell phone at the beginning of her employment with the city. Dr. Shannan Roberts, city resident and property and business owner, addressed options: the opportunity for executive performance, planning, and evaluation and for the city council to determine a resolution. By unanimous consent, Mayor Morrison closed the public comments. Subsequent to further deliberations, a motion was made by Mayor Morrison and seconded by Council Member Jackson that the city council terminate the city manager’s employment agreement with Mr. Todd Morley effective immediately with cause and without severance as previously cited in Mayor Morrison’s January 28, 2025 correspondence. Mayor Morrison called for a roll call vote on the motion with the council members voting as follows: Council Member Kim Davis Against Council Member Jackson For Mayor Pro Tem Kellum For Mayor Wes Morrison For Council Member Don Willis Against The motion carried on a three to two (3 to 2) vote. ADJOURNMENT The meeting adjourned at 9:09: p.m. Mayor Morrison recalled the meeting to order at 9:10 p.m.; pointed out the recommendations outlined in his January 28, 2025 correspondence, and addressed on the need to reconvene to consider the appointment of an interim city manager and establishment of the next steps. In response to Mayor Morrison’s recommendation to appoint Ms. Day to the position of interim city manager for a short period, she gave reasons why she declined accepting the offer. City of Cape Canaveral, Florida DRAFT City Council Special Meeting · January 28, 2025 Minutes · Page 5 of 5 Mayor Morrison indicated that this evening’s task to appoint an interim city manager will be until the February 18, 2025 regular meeting; addressed the need for someone to be a bridge, and questioned whether Mr. DeLeo would be willing to serve as interim city manager. After some discussion, Mr. Garganese addressed the option where an interim city manager can be appointed as a temporary bridge until the next regular council meeting and at that time consider where it could organize; appoint an interim city manager and conduct a search for a city manager. After discussion, Mr. DeLeo accepted the interim city manager position. A motion was made by Council Member Willis and seconded by Council Member Davis that the city council appoint Administrative/Financial Services Director John DeLeo as interim city manager effective immediately to serve as a bridge until the February 18, 2025 regular meeting. There being no one to come before the city council and by unanimous consent, Mayor Morison closed the public comments. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. After discussion, Mr. Garganese pointed out the city charter (Article III, City Manager); noted the city council’s action, taken as a necessity, to be appropriate, and acknowledged the topics considered at this evening’s proceedings were limited. The meeting concluded at 9:23 p.m. ________________________________ ________________________________ Esther Coulson, City Clerk, MMC Wes Morrison, Mayor DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday, February 18, 2025 6:00 p.m. MINUTES CALL TO ORDER After the chair called the meeting to order at 6:01 p.m., Council Member Davis led in reciting the Pledge of Allegiance to the flag. ROLL CALL: Council Members Present: Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Mayor Wes Morrison Council Member Don Willis, and Council Member Kim Davis Others Present: City Attorney Anthony Garganese Interim City Manager/Administrative/Financial Services (AFS) Director John DeLeo AFS IT Manager Michael Schaffer Capital Projects Director Tim Carlisle Community and Economic Development (C+ED) Director Brianna Soat C+ED Chief Resilience Manager Zachary Eichholz PRCA Deputy Director John Mayberry Public Works Services Director June Clark Brevard County Sheriff’s Office Commander Byron Keck Brevard County Sheriff’s Office G Evans Deputy City Clerk Jessica Ross City Clerk Esther Coulson APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS The city council considered its action to approve the agenda as submitted. At Council Member Jackson’s request, the city council, by unanimous consent, amended this evening’s regular agenda to take the items out of order and move Item Number 12 to the end of the agenda. Council Member Willis suggested that future agenda summaries submitted as a discussion item from the city council ought to provide more information on problems, questions or concerns. City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 2 of 10 After discussion a motion was made by Council Member Davis and seconded by Council Member Jackson that the city council approve this evening’s regular agenda as amended to take the items out of order by moving Item number 13 up to 12 and 12 down to 13. Mayor Morrison called for a roll call vote on the motion, as amended, and declared it carried unanimously. PRESENTATIONS/INTERVIEWS: - Proclamation - March 2025 as “Irish-American Heritage Month” On behalf of the city council, Mayor Morrison read into the record a proclamation declaring March 2025 as Irish-American Heritage Month celebrating the rich cultural heritage and the many valuable contributions of Irish-Americans. Mr. Tim Myer accepted the proclamation, on behalf of the Irish Catholic Community and the Ancient Order of the Hibernians, and thanked the city council for the recognition. - Award Presentation – AARP Ms. Laura Streed, The American Association of Retired Persons (AARP) Florida, presented the City of Cape Canaveral with an award recognizing the City of Cape Canaveral as a member in good standing of the AARP Network of Age-Friendly States and Communities. Mayor Morrison, on behalf of the city council, accepted with gratitude the AARP’s 2024 plaque recognizing the city as a member in good standing of the AARP Network of Age-Friendly States and for its age-friendly leadership, achievements and continuing commitment toward being a livable community for people of all ages; and thanked the AARP, City of Cape Canaveral and city staff for their support. - Annual Audited Financial Statements and Independent Auditor’s Report – FY Ended September 30, 2024 Mr. Michael Messano, James Moore & Co, auditors retained by the city, thanked Administrative/Financial Services staff for their support; gave a power-point presentation on the city’s annual audited financial statements and independent auditor’s report for fiscal year ended September 30, 2024 and highlighted its findings and recommendations. City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 3 of 10 - New City of Cape Canaveral Staff Introductions Mr. DeLeo recognized new staff member Mr. Michael Perkins, Code Enforcement Officer. Later in the meeting Mr. DeLeo acknowledged the presence of Deputy City Clerk Jessica Ross and announced Daniel LeFever’s final day of employment with the city. - Business and Economic Development (BED) Board In response to questions from the Mr. Garganese and the city council, Ms. Carolyn Cerbin explained why she would like to serve on the BED board; described her involvement in the community and outlined her background and experience. - Community Appearance Board (CAB) Answering inquires posed by Mr. Garganese and the city council, Ms. Elana Whitehead outlined the purpose for her service as a member to the Community Appearance Board. PUBLIC PARTICIPATION In thanking the city council on their work, Ms. Tina Freeman, property owner and city resident, acknowledged the time and performance dedicated by the elected officials; expressed concerns on the compensation they receive as a part time job, and conveyed the residents’ preference for a change in the city charter to make their positions full time. In relaying questions from the Brevard County Sheriff’s Office, residents and visitors, Ms. Freeman pointed out the yellow flashing signals on the crosswalks along A1A in the Cities of Cocoa, Satellite Beach, and Indian Harbor River and inquired, in working with the State of Florida Department of Transportation (FDOT), about one being installed in the City of Cape Canaveral. In response, Council Member Willis explained that a presentation on same will be held at the March 18, 2025 regular meeting by the Space Coast Transportation Planning Organization, FDOT and himself. Ms. Kim Rezanka, attorney representing Waves Developments LLC, acknowledged the presence of Mr. “Mishkel” Oshri Gal, the applicant and distributed the following documents; copies of which are filed with the supplemental papers to the minutes of this meeting: - a rendering of the four colored phases, - the December 5, 2024 amended and restated port of call facility development agreement with Waves Developments; City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 4 of 10 - a screenshot of the outside color change, - phase three of the site plan, and the 65-foot height, and - the January 14, 2025 email documenting discussions among Messrs. Garganese, Todd Morely, former city manager, and Ms. Soat that the timeframes had changed in the restated development agreement Ms. Rasinka pointed out staff’s January 15, 2025 staff report regarding phases I and II, (noting that the review of all phases were originally submitted by the applicant to the CAB –with the site plan provided on 2018 and approved in 2019); referred to the CAB’s actions to postpone, at the applicant’s request, as an agreement could not be reached where the issue in question would not be considered before the February 19, 2025 CAB meeting -- and reiterated the request that the city council direct staff to allow all four phases of the unified project with the restated development agreement to proceed simultaneously before the CAB’s March 2025 meeting for review and that the city council provide a statement that the approval is vested and all permits pulled in accordance with the city’s code. After discussion, Mr. Garganese acknowledged the unified project as four phases; relayed staff’s concerns that the language in the agreement has additional phases II, III, and IV, and recalled the council’s previous approval of the development agreement for phases III and IV extending it for another 24 or more years which can be handled concurrently; Additionally, Mr. Garganese pointed out the provision in the agreement requiring the applicant to follow the code requirements; noted the CAB’s approval valid for one year unless an extension is granted for good cause where the agreement refers to phases II, III and IV – the site plan and architectural renderings – and described applicant’s requirements after approval where he believes it is the council’s decision to grant what is appropriate, if the applicant wants to propose an amendment to the agreement. Following much discussion, a motion was made by Council Member Jackson and seconded by Mayor Pro Tem Kellum that the city council accept the city attorney’s recommendation to extend the development agreement 12-month limitation agreeing to the full phases of the architectural renderings initially (including building heights) allowing them to remain in place, subject to the Community Appearance Board’s approval; direct staff to expeditiously work with the applicant to submit the application for the four phases and for the applicant to comply with the phasing schedule as an addendum to the development agreement to be executed by the city manager to be considered before the CAB at its next meeting, and submit a copy of the document in question to the city council members individually by electronic mail. Dr. Shannon Roberts, City of Cape Canaveral resident, addressed the following: City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 5 of 10 - that the Coffee with the City Manager event be continued; - the timeline to restore the street (solar) lights on North Atlantic (west side of A1A and Shorewood Drive intersection); - who to contact to take action on the American with Disabilities Act’s concerns relating to curb cuts, building accessibility, and parking; - the difficulty in hearing previous and this day’s proceedings in the council chambers, and - the notification to and input from the citizens on major projects considered before the council. In response, Mr. DeLeo reported on the city’s transition and the plan to continue holding Coffee with the City Manager events; the city clerk and IT currently addressing the acoustic problems in the chambers, and the identification of dedicated funds allocated to pay for malfunctioning street lights to which Mayor Morrison suggested addressing the issue at the next council meeting. CONSENT AGENDA The city council considered its action on the following consent agenda items: 1. the approval of the January 21, 2025 regular meeting minutes; 2. the adoption of Resolution No. 2025-01 Resolution 2025-01 amending Appendix B, Schedule of Fees of the City Code; providing for repeal of prior inconsistent resolutions, incorporation into the City Code of Ordinances, severability, and an effective date. 3. the adoption of Resolution No. 2025-02 Resolution 2025-02 urging the Florida State Legislature to enact legislation to provide a public records exemption for municipal clerks and employees who perform municipal elections work or have any part in code enforcement functions of a city; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4 the adoption of Resolution No. 2025-03 Resolution 2025-03 appointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Carolyn Cerbin) City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 6 of 10 5. the adoption of Resolution No. 2025-04 Resolution 2025-04 appointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Elana Whitehead) 6. the acceptance of the Annual Audited Financial Statements and Independent Auditor’s Report for the Fiscal Year ended September 30, 2024. 7. the appointment of Resilience Planning and Services Manager Abigail Holmes as the City’s voting representative on the Space Coast Transportation Planning Organization’s Technical Advisory Committee for the remainder of Calendar Year 2025. 8. the approval of a proposal from Applied Ecology Inc. in the amount of $45,370.89 for engineering services for the replacement of 150’ of corroded metal stormwater pipe in the Harbor Heights subdivision and authorize Interim City Manager to execute same. 9. the approval of a proposal from Applied Ecology Inc. in the amount of $27,364.72 for a feasibility study for the Long Point Stormwater Retention Pond and authorize Interim City Manager to execute same. At Council Member Jackson’s request, Item 3, Resolution No. 2025-02 was pulled from the agenda for discussion. At Mayor Morrison’s request, Item 2, Resolution No. 2025-01 was pulled from the agenda for discussion. A motion was made by Council Member Kellum and seconded by Council Member Willis that the city council approve Consent Agenda Items 1, 4, 5, 6, 7, 8, and 9 as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. 2. Resolution No. 2025-01 The city council considered its action to adopt the aforementioned Resolution 2025-01. City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 7 of 10 After much discussion, a motion was made by Council Member Kellum and seconded by Council Member Davis that the city council adopt Resolution 2025-01 as previously cited. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. 3. Resolution No. 2025-02 The city council considered its action to adopt the aforementioned Resolution No. 2025-02. Following much discussion and by unanimous consent the city council accepted the city attorney’s suggestion to amend the provision in previously cited Resolution 2025-02 under Section 2. to reflect . . . provide a public records exemption under 119.071, Florida Statutes for the personal information of municipal clerks and employees . . . . Subsequent to further discussion, a motion was made by Council Member Willis and seconded by Council Member Davis that the city council adopt the previously cited Resolution 2025-02 as amended to reflect a public records exemption under section 119.071, Florida Statutes for the personal information of municipal clerks and employees . . . . After discussion, Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. By unanimous consent, Mayor Morrison acknowledged the approval of the consent agenda items as previously cited. Upon Mayor Morrison’s request and by unanimous consent, the city council recessed its meeting at 7:44 p.m. and reconvened at 7:55 p.m. By unanimous consent and upon Mayor Morrison’s request, the city council agreed to open public participation at this time. Mr. Patrick Campbell, City of Cape Canaveral resident, referred to the senate bill providing a public records exemption for municipal clerks. He commended Mr. Garganese on his explanation regarding the Waves Development and noted the manner in which it was presented before the city council; voiced his concurrence with Dr. Shannon’s comments on public participation and expressed concerns on the security lights on east central. City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 8 of 10 By unanimous consent, Mayor Morrison closed public participation at this time. ITEMS FOR ACTION 10. Interim City Manager Pay Adjustment. After Mayor Morrison referred to Ms. Harmon’s January 31, 2025 email regarding the interim city manager pay adjustment, she referred to the personnel rules and regulations subsection 7.03.5., temporary acting promotion, compensation . . . five percent and the Charter, Article III, city manager. A copy of the email is filed with the supplemental papers to the minutes of this meeting. Following much discussion and in recognizing that the regulations do not address the promotion to an interim city manager position, Mr. Garganese voiced his concurrence to the five percent compensation and recognized that the salary would need to be approved by the city council. After discussion and in recognizing the expiration of the term as interim city manager, which ends at this evening’s meeting, Mr. DeLeo read into the record a message to the city councilmembers extending his gratitude to serve as interim and his desire to step back from the role to refocus on his primary responsibilities as administrative/financial services director; a copy of the statement is filed with the supplemental papers to the minutes of this meeting. Subsequent to further deliberations, Mr. DeLeo voiced willingness to take on the position at 18 percent-- retroactive from January 29, to April 15, 2025 -- with the city council’s approval. After extensive discussions, a motion was made by Council Member Davis that the city council accept extending the interim city manager position to Mr. John DeLeo from January 29 to April 15, 2025 at a compensation rate of 18 percent. Later in the meeting and subsequent to further deliberations the city council, by unanimous consent, accepted the city attorney’s request to take this evening’s agenda items out of order and consider Item 10, Interim City Manager Pay Adjustment and Item 13, New City Manager Appointment Discussion together with the two proposals (Colin Baenziger & Associates and Slavin Management Consultants, external recruiting firms) submitted by the city attorney. ITEM FOR DISCUSSION 13. Discussion on Appointing a New City Manager Mayor Morison discussed appointing a new city manager; outlined the hiring framework and referred to the external recruiting firms’ proposals; namely, Colin City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 9 of 10 Baenziger & Associates and Slavin Management Consultants, provided by Mr. Garganese. Following some discussion and by unanimous consent, the city council accepted utilizing an outside recruiting firm to solicit city manager candidates; agreed to review the proposals submitted by Slavin Management Consultants and Colin Baenziger and Associates, and the city attorney accepted the council’s request to obtain a proposal from Strategic Government Resources for consideration at a future meeting. After discussion, a motion was made by Council Member Willis and seconded by Council Member Davis that the city council schedule holding a special council meeting on February 26, 2025 at 6:00 p.m. to consider the recruitment and selection of an executive search firm for the city manager position. Subsequent to further discussion, Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. After much discussion, Mayor Morrison recognized the motion proffered earlier at this evening’s meeting which was restated by Council Member Davis and seconded by Council Member Willis that the city council accept extending the interim city manager position to Mr. John DeLeo from January 29 to April 15, 2025 at a compensation rate of 18 percent. Mayor Morrison called for a roll call vote on the motion and declared it carried unanimously. ITEM FOR ACTION 11. Interim City Manager Appointment Following much discussion and earlier in the meeting, Mr. Garganese agreed in the affirmative to Mayor Morrison’s suggestion to provide an interim city manager contract for the city council’s consideration. After Dr. Roberts requested that the council re-evaluate the written proposals with the presenters present at the special meeting, the selection process, and the selection made and the lessons learned, Mayor Morrison welcomed her comments and agreed for her to meet with Ms. Harmon. Mr. Mayberry indicated that if Mr. DeLeo chooses to step back in his role an interim city manager, especially beyond the April 15 2025 date, he gave reasons why he would recommend the name of Parks, Recreation and Community Affairs Director Molly Thomas who is interested to apply. City of Cape Canaveral, Florida City Council Regular Meeting · February 18, 2025 Minutes · Page 10 of 10 After discussion, Ms. Soat, in concurring with Mr. Mayberry’s comments, addressed the importance of attrition. By unanimous consent, Mayor Morrison closed the public participation. By unanimous consent, Mayor Morrison took the following item out of order. ITEM FOR DISCUSSION 12. Public Records Discussion Council Member Jackson addressed her desire to postpone the public records discussion to a future meeting. Mayor Morrison addressed concerns with the Laserfiche® software program and voiced the need for improvements. After Council Member Davis questioned the status of the public records requested at the January 21, 2025 regular meeting to be fulfilled by February 22, 2025, Council Member Jackson and Mayor Morrison addressed the intent to provide same at a later date. Following further discussion, the city council addressed procedures in submitting documents prior to the council’s meeting for consideration. INFORMATIONAL. 14. a. Monthly Financial Report – December 2024. The December 2024 monthly financial report was not addressed at this time. b. Coffee with a Cop Event Council Member Willis distributed the Coffee with the Cop event to take place at 9:00 am on March 7, 2025. ADJOURNMENT After further discussion, the meeting adjourned at 10:18 p.m. ________________________________ ________________________________ Esther Coulson, City Clerk, MMC Wes Morrison, Mayor 1 INTERIM CITY MANAGER EMPLOYMENT AGREEMENT THIS AGREEMENT, made this ____ day of March, 2025 (“Effective Date”), between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "Employer" or “City”) and JOHN DELEO (hereinafter referred to as the "Employee"). WHEREAS, Employer is a Florida municipal corporation organized and existing under the laws of the State of Florida; and WHEREAS, prior to the effective date of this Agreement, Employee was serving as the City’s Finance Director; and WHEREAS, Employee was appointed by the City Council on January 28, 2025 as the Interim City Manager of Cape Canaveral on a temporary basis for purposes of providing the City Council time to recruit a new permanent City Manager; and WHEREAS, the Employee has professional experience in the field of service required by this Agreement, is fully qualified to hold the position of Interim City Manager and is desirous of continuing to serve as the Interim City Manager on a temporary basis; and WHEREAS, the Employer has determined this Agreement to be in the best interest of the Employer; and WHEREAS, Employer and Employee are now desirous of establishing, in writing, the duties and responsibilities of the respective parties and memorializing the terms and conditions of the employment in a written agreement to be executed by and between the Parties. NOW THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed as follows: 1. Employment and Duties. Employer employs the Employee in the capacity of Interim City Manager of Cape Canaveral, Florida. Employee acknowledges and agrees that he is accepting employment as the Interim City Manager only as a temporary assignment and that the City Council will actively recruit for the permanent City Manager position. Employee shall serve at the pleasure of the City Council of Cape Canaveral (“City Council”) and may be terminated from the position of Interim City Manager with or without cause at any time. While serving as Interim City Manager, the Employee agrees to perform the duties of City Manager as set forth in the Charter and Ordinances of the City of Cape Canaveral, as said Ordinances and Charter may be amended from time to time, together with such other duties as may be properly and legally assigned to him from time to time by the City Council. Employee also agrees to fully and faithfully perform such duties prescribed by the laws of the State of Florida and United States of America, including regulations of other appropriate administrative agencies, relating to the City of Cape Canaveral and the position of City Manager. All such duties shall be performed within the time 2 frames or deadlines imposed by law, applicable policy, rule, or established by the City Council. Absent a legally or City Council imposed deadline, the Employee shall perform his duties within a reasonable period of time and with due regard for promptness, diligence, and professionalism. The Employee shall request of the City Council from time to time such decisions or actions of the City Council which the Employee may determine are reasonably necessary for the successful accomplishment of his duties as City Manager. And, the Employee shall assign or devote such resources and personnel in a manner in his judgment which best serve the interest of the City of Cape Canaveral, Florida, consistent with the policies and direction of the City Council. 2. Performance. The Employee agrees to devote his full working time and attention to the performance of the duties of the City Manager required hereunder. Employee shall not render any other services of a professional or business nature to any other person or organization without the Employer's prior direction or consent as a governing body. This provision shall not include occasional teaching, presentations to professional organizations, writing, or performing functions on behalf of the Florida City and County Manager’s Association and such other state and local government groups and committees thereof, provided such activities do not conflict or interfere with Employee’s duties as City Manager under this Agreement. 3. Term. (a) The term of this Agreement shall commence retroactively from the date and time of appointment by the City Council, which was on the evening of Tuesday, January 28, 2025, and shall continue until June 1, 2025 unless sooner terminated by either Employer or Employee as provided herein or shall automatically terminate at such date and time that the City Council makes a permanent appointment of a City Manager and the permanent City Manager commences his or her employment. The term of this Agreement may be extended by mutual written agreement between the Parties. At such time as a permanent City Manager other than Employee commences his or her employment or the City Council terminates the Employee as Interim City Manager, the Employee shall be entitled to return to and resume his previous position as Finance Director with all benefits available to all City employees, all Employee’s accrued benefits and leave balances accrued, and his time of service earned shall not lapse during the temporary assignment as Interim City Manager. The Employee’s salary for Finance Director shall be returned to the last salary amount prior to appointment as Interim City Manager with any salary adjustments that would have been afforded to all City employees during the term of this Agreement, including starting salary adjustments and the average merit increase provided. (b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate, at its will and without cause, the services of the Employee as Interim City Manager, subject to Employee’s rights to continue as Finance Director for the City subject to the City’s employment policies. Similarly, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign, at any time, from his position as the Interim City Manager, subject to Employee’s right to continue in his capacity as Finance Development Director subject to the City’s employment policies. 3 4. Compensation. For his services to the Employer, the Employee shall be compensated as follows: (a) Salary. Commencing on January 29, 2025, the Employee shall receive a starting salary of One Hundred Fifty-One Thousand Six Hundred Eighty-One and 92/100 Dollars ($151,681.92), payable in installments at the same time as other employees of the Employer are paid, less appropriate deductions for employment taxes, income tax and other lawful withholdings. The Employee's annual base salary may be adjusted based on mutual agreement of the City Council and Employee. The position of Interim City Manager is an exempt position under state and federal wage and hour laws. The Employee shall not receive overtime. At such time the Employee ceases performing the duties as Interim City Manager and resumes his full-time duties as Finance Director, his salary shall revert back to One Hundred Twenty-Eight Thousand Five Hundred Fifty- Four and 00/100 Dollars ($128,554.00), plus any across-the-board increases in annual salary given to all City employees by the City Council, if any. 5. Other Conditions of Employment. The Employee, on condition of his employment by the Employer, agrees to the following: (a) Hours of Work. The Employee agrees that, subject to Employee's inability to work due to sickness or injury, at all times during the term of this Agreement, he will arrange to be available to perform the duties of his employment not only during the regular business hours of the Employer, but also at such other times as the Employer shall from time to time reasonably request and that he shall not be entitled to any compensation in addition to that provided for herein for services rendered by him outside of the City's regular business hours, or on Saturdays, Sundays or holidays. (b) Vacation, Sick Leave, Holidays and Other Benefits. Except as expressly provided herein, all provisions of law and rules and regulations of the City relating to vacation and sick leave, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Employee as they would to other employees of the City. The City shall not at any time during the terms of his service as Interim City Manager reduce the salary, compensation, or other financial benefits of Employee except to the degree of such reduction across-the-board for all employees of the City. (c) Health Insurance. The City agrees to make all required premium payments for the City’s Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents that is available to all City employees. (d) Professional Association and Development. The City hereby agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings, conferences, training, seminars, and occasions consistent with the City’s Travel Policy applicable to all City employees. The foregoing shall be subject to the needs of the City and budgetary appropriation by the City Council. 4 (e) Other Miscellaneous. The City Council, in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement and other applicable law. 6. Indemnification. Employer shall defend, indemnify and hold Employee harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorney's fees, arising out of the action or omission of Employee within the scope of his duties as Interim City Manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of Employee’s employment or willful misconduct of Employee ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the Employee’s duties; otherwise, this covenant shall not apply to claims for punitive damages. The Employer may, at Employer's option, provide for legal representation of Employee through the City Attorney or outside counsel of its choice or may choose to reimburse the Employee for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the Employee’s employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted by law, the City and Employee shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28, Florida Statutes, and other applicable law. This paragraph shall survive termination of this Agreement. 7. General Provisions. (a) The text herein constitutes the entire Agreement between the parties, and it may not be modified except by written Agreement signed by both parties. (b) If any provision or portion of this Agreement is found to be unenforceable, then the remainder of this Agreement shall not be affected and shall remain in full force and effect. (c) This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. (d) This Agreement shall be interpreted and governed by the laws of Florida. Venue for any action hereunder shall be in Brevard County, Florida, or if a federal action is commenced, in the Federal Court in Orlando, Florida. (e) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. (f) The language of the City Charter relating to the position and function of the City Manager of the City of Cape Canaveral, as may be amended from time to time, is incorporated 5 herein by reference into this Agreement as though it were set forth in the text of this Agreement verbatim. (g) Both parties have participated in drafting this Agreement. As such, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. (h) The effective date of this Agreement shall be the date first written above. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. EMPLOYEE: ____________________________ John DeLeo STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization, this ____ day of __________________, 2025 by JOHN DE LEO, who is personally known to me or who has produced ______________________ as identification. ______________________________ NOTARY PUBLIC EMPLOYER: By: _____________________________ Wes Morrison, Mayor ATTEST: ________________________________ Esther Coulson, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: _________________________________ Anthony A. Garganese, City Attorney Approved by the City Council on: ______________, 2025 ! xn:tlTI\ ! IU -.:R I IITl:--.(i March 6, 2025 The Honorable Mayor Wes Morrison, Mayor Pro Tern Mickie Kellum, and Council Members Kirn Davis, Kay Jackson, and Don Willis c/o Anthony A. Garganese, Esq., City Attorney City of Cape Canaveral 100 Polk A venue Cape Canaveral, FL 32920 RE: Engagement Letter for City Manager Dear Mayor Morrison and Members of the City Council: I would first like to thank you for the City Council's acceptance of our February 13, 2025 proposal ("Proposal") and opportunity to present this engagement letter to assist Cape Canaveral in the search for its next City Manager. Colin Baenziger & Associates ("Contractor", "We", "Our" or "Us") agree to abide the tenns and conditions of our Proposal. In addition, we wish to supplement the Proposal and briefly describe the program that we will follow subject to input from the City Council as follows: Section A: Phased Work Plan The following outlines the phased process we wiJl W1dertake on behalf of the City: Phase/: Needs Assessment I Information Gathering • Conduct discussions with the elected and other key officials to: • DeveJop a description of the ideal candidate, • Learn the issues the next City Manager will face, • Gather materials and infonnation to share with potential candidates, • Develop an advertisement and online marketing program, • Develop a program for public participation and feedback, • Understand what compensation package the City is prepared to offer, and • Develop and finalize a project schedule . • Develop materials we can utilize to recruit candidates. 1 IP a g Phase 11: Candidate Recruitment • Implement public participation and feedback program, • Actively search for, identify, and recruit outstanding candidates whom we feel are best suited for the position, • Distribute the recruiting materials to appropriate publications and websites, including our own and Linkedln, • Consult our database of strong candidates, contact them and encourage them to apply, • Implement advertisement and marketing program including E-mail the advertisement to our database oflocal government professionals, and • Evaluate applications that result from our recruiting efforts and from our advertisements. Phase III: Candidate Review and Selection o {Finalists • Resumes will be screened, and we will narrow the list to the approximately eight to ten semi-finalists who we believe are most qualified. • We will conduct thorough reference and background investigations on the selected semi- finalists. It should be noted that, when we conduct our investigations, we do not simply accept the references the candidates suggest. We tell the candidates whom we want to speak with. These might include elected officials, the city/county attorney, representatives of the local press, community leaders, peers, and subordinate employees. Our goal is to get comments from six to ten references for each candidate. We also conduct criminal, civil, driver license, media (both tradition.al and social), and credit checks, and we verify employment history and education. We believe these should be done early in the process to avoid embarrassment after a selection has been made. • We will recommend six to eight outstanding candidates to the City Council. We will review these candidates with the City Council. Along with our recommendation, we will provide the results of our background research.electronically. Phase IV: Interviews and Selection • We will work with the City Council to develop the interview process, coordinate the process, and attend the actual interviews. • Once the interviews are completed, we will provide any additional information the City Council may wish and assist in any way the City Council desires in making the final determination. ·-··- 2 IP age Phase V: Contract Negotiation • If requested. we will assist in the negotiation of an employment agreement with the selected candidate. We will coordinate our Work with the City Council, City Attorney, Interim City Manager and City Clerk, as deemed necessary and directed by the City, to ensure that each phase of the recruitment process is implemented in the most efficient and effective manner for the City. Our work will be completed within 90 to 110 days of the execution of the engagement letter unless the City requests the period be extended Section B: Warranty Colin Baenziger & Associates offers one of the best warranties in the industry. We can offer it because we have confidence in our work. Provided we conduct the full search and assuming the City selects from among the candidates we recommend, we warrant the following: 1) We will not approach the selected candidate concerning any other position as long as the City employs the individual. 2) If the selected individual leaves for any reason other than an act of God (for example, total incapacitation or death) wi1hin the first two years of working for the City, CB&A will repeat the search at no cost to the City with the exception of the reimbursement of our out-of-pocket expenses only. 3) If you are not satisfied with any of the candidates we present, CB&A will repeat the search until you are satisfied. 4) Our price is guaranteed and will not be exceeded for any reason, even if conditions change after the contract is executed. Section C: Principal Staff to Be Assigned to the Recruiting Effort • Scott Kriin, Vice President, will serve as the Project Manager for the recruitment, • Rick Conner, Senior Vice President, will serve as Deputy Project Manager for the recruitment effort. He will be involved in every aspect of the recruitment (particularly the review of the project plan and the candidates) and as support / back-up to Mr. Baenziger; • Lynelle Klein, Vice President for Operations, will be primarily responsible for the actual recruitment, primarily through networking, and will oversee the background investigations; and • Colin Baenziger, Principal and Owner, will serve as a project advisor, and provide additional support and oversight. -.. --~ ~~-. -- 3 \Page Section D: Fee Firm, fixed price of $32,500, which includes all expenses, except those associated with bringing the candidates for the interviews. This Agreement is not an hourly rate contract. Bills will be rendered in installments as the search progresses and due at the end of each Phase as indicated in the following table: Phase Cost I. Needs Analysis/ Information Gathering $ 4,000 II. Recruiting 14.000 Ill. Candidate Screening 12.000 IV: Coordination of Interviews and Attorney Selection 1,500 V: Contract Negotiation & Warrantv 1.000 Section E: Miscellaneous We acknowledge and understand that City is subject to the Florida Sunshine Law and Public Records Act. We acknowledge and agree that this search is being conducted on behalf of the City Council as a governing body in accordance with the authority solely vested in the City Council by City Charter to appoint a City Manager. We further acknowledge and agree that the selection and compensation of the City's next City Manager requires an affirmative vote of three (3) City Councihnembers pursuant to City Charter. Prior to commencing the search for candidates, we will conduct a Phase 1 needs assessment with the City Council to establish a mutually agreeable approach for conducting the search and presenting candidates to the City Council for consideration. We will then perfonn the search in accordance with the agreed upon phased approach and report the status and results of the search directly to the City Council at subsequent public meetings as warranted or as otherwise scheduled by the City Council. If necessary, we may adjust the approach with the consent of the City Council in order best meet the City's needs and best interests. We assure employment of the best efforts to carry out the work required. The results obtained, recommendations and any written material provided will represent our best judgment based on the information available. We shall promptly observe and comply with applicable provisions of all federal, state, and local laws, rules and regulations which govern or apply to the services rendered hereunder. We carry sufficient general liability, workers compensation, and professional liability insurance which are in effect and will remain in effect throughout the duration of this project. We wilJ provide the City with a copy of its general and professional liability insurance certificates prior to commencing work under this Agreement. The City of Cape Canaveral shall be listed as an additional named insured on the general liability insurance certificate. We acknowledge and agree that the City is a Florida municipal corporation and subject to the Florida Public Records Law. We agree that to the extent any document received or produced by us under this Agreement constitutes a Public Record; we shall comply with the Florida Public Records Law. IF WE HA VE ANY QUESTIONS REGARDING TUE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AND OUR DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321} 868-1220 Ext. 207, e.coulson@capecanveral.gov, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. We acknowledge and understand that the City and its activities are subject to the Government-in- the-Sunsb.ine Law, Section 286.011. Florida Statutes, which requires, with limited exceptions, the City Council to conduct business in open meetings. Contractor will cooperate with the City to observe and comply with the requirements of said law in performing the services required hereunder. This Agreement shall constitute the entire agreement between the City and Contractor regarding the subject matter described herein. To the extent that this Agreement conflicts with Our Proposal, the conflicting provision of this Agreement that, in the City's opinion, offers the City more favorable or expanded terms and services shall control and govern. We shall not by virtue of this Agreement be considered an employee of the City. At all times during the term of this Agreement, We shall be considered an independent contractor. This Agreement shall be governed by the Jaws of Florida. Venue for any state action filed pertaining to this Agreement shall be Brevard County, Florida. Venue for any federal action filed pertaining to this Agreement shall be Orlando, Florida. Each party shall bear their own attorneys fees and costs under this Agreement. City expressly retains all rights, benefits and immunities of sovereign immunity in accordance with s. 768.28, Florida Statutes. Regardless of anything set forth in any section or part of this Agreement to the contrary, nothing in this Agreement shall be construed as or deemed a waiver of the City's right to sovereign immunity under s. 768.28, Florida Statutes, and the cap on the amount of liability of the City for damages, regardless of the number or nature of claims in tort, equity, or contract, may not exceed the dollar amount set by the legislature for tort. This is not a third-party beneficiary contract, and nothing in this Agreement may inure to the benefit of any third party for any purpose including allowing any claim against the City, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Respectfully submitted, Colin Baenziger Principal 5IPage For the City: ~~ Date: ------ ATTEST: Esthb ity Clerk, MMC Approv d as to Form and Legal Sufficiency For e ·t:y-f Cape Canaveral Only: Anthony A. Garganesc, City Attorney 6 1 P -• CITY OF CAPE CANAVERAL CITY COUNCIL MEETING March 18, 2025 AGENDA ITEM SUMMARY · ITEM # 8a Subject: Resolution No. 2025-05 approving an interlocal agreement for the formation of a Metropolitan Planning Organization by and between the Florida Department of Transportation; The County of Brevard (also representing the Valkaria Airport, the Titusville-Cocoa Airport Authority, and the Space Coast Area Transit), the Canaveral Port District a/k/a the Canaveral Port Authority, the City of Titusville, the City of Cocoa, the City of Rockledge, the City of Melbourne (also representing the City of Melbourne Airport Authority a/k/a Melbourne Orlando International Airport), the City of West Melbourne, and the City of Palm Bay, the North Beaches Coalition (which includes the City of Cocoa Beach and the City of Cape Canaveral), and the South Beaches Coalition (which includes the City of Satellite Beach, the City of Indian Harbour Beach, the Town of Indialantic, and the Town of Melbourne Beach), collectively known as “the parties” or as the TPO; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Manager’s Office Summary: On August 8, 2024, the Governor approved the new apportionment plan for the Space Coast Transportation Planning Organization. Currently the City participates in the Metropolitan Planning Organization (aka Space Coast Transportation Planning Organization) which was established pursuant an existing Restated Interlocal Agreement for Creation of the Metropolitan Planning Organization. The existing Agreement was recorded July 15, 2014, in Official Records Book 7166, Page 2144, Public Records of Brevard County, as amended by that certain First Amendment to existing Restated Interlocal Agreement for Creation of the Transportation Planning Organization recorded on October 8, 2020, in Official Records Book 8880, Page 279, Public Records of Brevard County. Resolution No. 2025-05 proposes to adopt a new Interlocal Agreement for the Metropolitan Planning Organization that will repeal and replace the existing Restate Interlocal Agreement at such time the new Interlocal Agreement is approved and executed by the parties and recorded. The Space Coast Transportation Planning Organization (SCTPO) was established to coordinate transportation planning and funding throughout Brevard County. The City of Cape Canaveral will continue to share voting representation with the City of Cocoa Beach as a member of the North Beaches Coalition. Resolution No. 2025-05 authorizes the Interim City Manager to execute the interlocal agreement among the above-named entities for the reestablishment of the Metropolitan Planning Organization. Submitting Department Director: John DeLeo Date: 03/06/2025 Attachment(s): 1. Resolution 2025-05, Exhibit “A” ILA for the creation of the MPO which includes: Exhibit “A”, Space Coast TPO Jurisdictional Boundary. 2. Exhibit “B”, Resolution 24-08 TPO Membership Apportionment Plan. 3. Exhibit “C” Governor Approval of the Apportionment Plan. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Interim Administrative/Financial Services Director: Cheryl Puleo Date: 03/06/2025 City of Cape Canaveral City Council Meeting · March 18, 2025 Agenda Item # ___ Page 2 of 2 The Interim City Manager recommends the city council take the following action(s): Adopt Resolution 2025-05. Approved by Interim City Manager: John Deleo Date: 03/06/2025 City of Cape Canaveral Resolution No. 2025-05 Page 1 of 4 RESOLUTION NO. 2025-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; APPROVING AN INTERLOCAL AGREEMENT FOR THE FORMATION OF A METROPOLITAN PLANNING ORGANIZATION BY AND BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION; THE COUNTY OF BREVARD (ALSO REPRESENTING THE VALKARIA AIRPORT, THE TITUSVILLE-COCOA AIRPORT AUTHORITY, AND THE SPACE COAST AREA TRANSIT), THE CANAVERAL PORT DISTRICT A/K/A THE CANAVERAL PORT AUTHORITY, THE CITY OF TITUSVILLE, THE CITY OF COCOA, THE CITY OF ROCKLEDGE, THE CITY OF MELBOURNE (ALSO REPRESENTING THE CITY OF MELBOURNE AIRPORT AUTHORITY A/K/A MELBOURNE ORLANDO INTERNATIONAL AIRPORT), THE CITY OF WEST MELBOURNE, AND THE CITY OF PALM BAY, THE NORTH BEACHES COALITION (WHICH INCLUDES THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL), AND THE SOUTH BEACHES COALITION (WHICH INCLUDES THE CITY OF SATELLITE BEACH, THE CITY OF INDIAN HARBOUR BEACH, THE TOWN OF INDIALANTIC, AND THE TOWN OF MELBOURNE BEACH), COLLECTIVELY KNOWN AS “THE PARTIES” OR AS THE TPO; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the federal government is granted the authority under Title 23 United States Code (USC) §134 and Title 49 USC §5303, requiring each metropolitan area, as a condition for the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area; WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21) and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations (MPO) to develop transportation plans and programs for urbanized areas; WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC §5303, 23 CFR §450.310(b) and Section 339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government representing at least 75 percent of the affected City of Cape Canaveral Resolution No. 2025-05 Page 2 of 4 population (including the largest incorporated city, based on population as named by the Bureau of Census) in the urban area to designate an MPO; WHEREAS, the city desires to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit systems, bicycle and pedestrian facilities, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, the city wishes to collectively participate in the metropolitan planning process as the Space Coast Transportation Planning Organization for the Palm Bay- Melbourne-Titusville, Florida urbanized area and the portion of the Vero Beach-Sebastian, Florida urbanized area located within Brevard County, herein after referred to as “the Metropolitan Planning Organization” or “the TPO, attached Exhibit “A”; and WHEREAS, the TPO approved by unanimous vote, an apportionment and boundary plan for presentation to the Governor on the 12th day of October 2023 by Resolution 24-08, attached as Exhibit “B”; and WHEREAS, pursuant to Section 339.175(4), F.S., the Governor, by letter dated the 8th day of August 2024, attached as Exhibit “C”, approved the apportionment and boundary plan submitted by the TPO; and WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the MPO, and the governmental entities and public transportation operators to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation planning process; and WHEREAS, this Interlocal Agreement is required to create the Metropolitan Planning Organization and delineate the provisions for operation of the TPO; and WHEREAS, the city has determined that this Interlocal Agreement is consistent with Section 339.175(10), F.S. and the statutory requirements set forth in Section 163.01, F.S., relating to Interlocal Agreements; WHEREAS, Section 2(b), Article VII, of the State Constitution authorizes exercising any power for municipal purposes, except when expressly prohibited by law; and City of Cape Canaveral Resolution No. 2025-05 Page 3 of 4 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. Approval of the Interlocal Agreement. The City Council of the City of Cape Canaveral hereby authorizes the Interim City Manager to execute th e Interlocal Agreement with the Florida Department of Transportation and named participants attached hereto as Exhibit “A” fully incorporated herein by this reference. 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. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of March 2025. __________________________________________ Wes Morrison, Mayor ATTEST: Name FOR AGAINST Kim Davis ________________________________ Esther B. Coulson, MMC Kay Jackson City Clerk Mickie Kellum Wes Morrison Don Willis City of Cape Canaveral Resolution No. 2025-05 Page 4 of 4 Approved as to legal form and sufficiency For the City of Cape Canaveral only by: __________________________________ Anthony A. Garganese, City Attorney SEAL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 1 of 33 THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and entered into on this _____ day of ________________, 2025_, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BREVARD (also representing the Valkaria Airport, the Titusville-Cocoa Airport Authority, and the Space Coast Area Transit), the Canaveral Port District a/k/a the Canaveral Port Authority, the City of Titusville, the City of Cocoa, the City of Rockledge, the City of Melbourne (also representing the City of Melbourne Airport Authority a/k/a Melbourne Orlando International Airport), the City of West Melbourne, and the City of Palm Bay, the North Beaches Coalition (which includes the City of Cocoa Beach and the City of Cape Canaveral), and the South Beaches Coalition (which includes the City of Satellite Beach, the City of Indian Harbour Beach, the Town of Indialantic, and the Town of Melbourne Beach), collectively known as “the parties” or as the TPO. RECITALS WHEREAS, the federal government, under the authority of Title 23 United States Code (USC) §134 and Title 49 USC §5303, requires each metropolitan area, as a condition for the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area; WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit systems, bicycle and pedestrian facilities, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21) and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC §5303, 23 CFR §450.310(b), and Section 339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government representing at least 75 percent of the affected population (including the largest incorporated city, based on population as named by the Bureau of Census) in the urban area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Space Coast Transportation Planning Organization for the Palm Bay-Melbourne-Titusville, FL urbanized area and the portion of the Vero Beach-Sebastian, FL urbanized area located within Brevard County, herein after referred to as “the Metropolitan Planning Organization” or “the TPO. A copy of the Metropolitan Planning Area is attached hereto as Exhibit “A” and by this reference incorporated herein. Further, the parties approved by unanimous vote an apportionment STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 2 of 33 and boundary plan for presentation to the Governor on the 12th day of October 2023 via Resolution 24-08, a copy of which is attached as Exhibit B and by this reference incorporated herein; WHEREAS, pursuant to Section 339.175(4), F.S., the Governor, by letter dated the 8th day of August 2024, a copy of which is attached hereto as Exhibit “C” and by this reference incorporated herein, approved the apportionment and boundary plan submitted by the TPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the Metropolitan Planning Organization, and the governmental entities and public transportation operators to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation planning process; WHEREAS, this Interlocal Agreement is required to create the Metropolitan Planning Organization and delineate the provisions for operation of the TPO; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with Section 339.175(10), F.S.; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with statutory requirements set forth in Section 163.01, F.S., relating to Interlocal Agreements; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Interlocal Agreement. Section 1.02. Definitions. The following words when used in this Interlocal Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Interlocal Agreement means and refers to this instrument, as may be amended from time to time. Department means and refers to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, F.S. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 3 of 33 Long Range Transportation Plan (LRTP) is the 20-year transportation planning horizon which includes transportation facilities; identifies a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities; indicates proposed transportation activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by Title 23 USC §134(c), Title 49 USC §5303, Title 23 CFR §450.322, and Section 339.175(7), F.S. Metropolitan Planning Area means and refers to the planning area determined by agreement between the TPO and the Governor for the urban area containing at least a population of 50,000 as described in Title 23 USC §134(b)(1), Title 49 USC §5303, and Section 339.175(2)(c) and (d), F.S., and including the existing urban area and the contiguous area expected to become urbanized within a 20-year forecast period, which shall be subject to the Metropolitan Planning Organization’s planning authority. TPO or MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Interlocal Agreement as described in 23 USC §134(b)(2), 49 USC §5303, and Section 339.175(1), F.S. Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long Range Transportation Plan, developed pursuant to 23 USC §134(j), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2-year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Interlocal Agreement is to establish the TPO and recognize the boundary and apportionment approved by the Governor. This Interlocal Agreement shall serve: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan planning area and minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as a multi-modal and intermodal transportation system for the metropolitan planning area; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 4 of 33 (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan planning area in cooperation with the Department; (d) To assure eligibility for the receipt of federal capital and operating assistance pursuant to Title 23 USC §134 and Title 49 USC §§5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314, 5326, 5337and 5339, 5340; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by federal, state and local laws. Section 2.02. Major TPO Responsibilities. The TPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are parties to this Interlocal Agreement in the development of transportation-related plans and programs, including but not limited to: (a) The LRTP; (b) The TIP; (c) The UPWP; (d) Incorporating performance goals, measures, and targets into the process of identifying and selecting needed transportation improvements and projects; (e) A congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (f) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department’s role in transportation. Section 334.044, F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating the planning of a safe, viable, and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, TPO plans, and approved local government comprehensive plans. Section 339.175(5), F.S., specifies the authority and responsibility of the TPO and the Department to manage a continuing, cooperative, and comprehensive transportation planning process for the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 5 of 33 metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the parties to this Interlocal Agreement acknowledge that decisions made by the TPO will be coordinated with the Department. All parties to this Interlocal Agreement acknowledge that actions taken pursuant to this Interlocal Agreement will be consistent with local government comprehensive plans. ARTICLE 3 TPO ORGANIZATION AND CREATION Section 3.01. Establishment of TPO. The TPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to this Interlocal Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Metropolitan Planning Organization is the Space Coast Transportation Planning Organization. Section 3.02. TPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Interlocal Agreement, the TPO will, to the extent of its legal capacity, comply with all applicable laws and requirements, as amended from time to time. Section 3.03. Governing board to act as policy-making body of TPO. The governing board established pursuant to Section 4.01 of this Interlocal Agreement shall act as the policy-making body for the TPO and will be responsible for coordinating the cooperative decision-making process of the MPO’s actions, and will take required actions as the TPO. Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the MPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Section 3.05. Rights of review. All parties to this Interlocal Agreement and the affected federal funding agencies (e.g., FHWA, FTA, and FAA) shall have the rights of technical review and comment on the TPO’s projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the TPO shall consist of 19 voting members and 1 non-voting advisor(s). The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 6 of 33 Brevard County (also representing the Valkaria Airport, the Titusville-Cocoa Airport Authority, the Space Coast Area Transit) 5 delegates* Canaveral Port District (a/k/a the Canaveral Port Authority 1 delegate City of Titusville 2 delegates City of Cocoa 1 delegate City of Rockledge 1 delegate City of Melbourne (one delegate who also represents the Melbourne Airport Authority, a/k/a Melbourne Orlando International Airport 3 delegates City of West Melbourne 1 delegate City of Palm Bay 3 delegates North Beaches Coalition (which includes the City of Cocoa Beach and the City of Cape Canaveral) 1 delegate South Beaches Coalition (which includes the City of Satellite Beach, the City of Indian Harbour Beach, the Town of Indialantic, and the Town of Melbourne Beach) 1 delegate The following organization shall be non-voting advisor to the TPO: Florida Department of Transportation, District 5 1 delegate *Brevard County will also serve as a representative of the Central Florida Expressway Authority, an agency that operates a major mode of transportation. §348.751 et seq., Florida Statutes. One County Commissioner member appointed by the Chair of the Brevard County Board of County Commissioners serves on the Governing Board of the Central Florida Expressway Authority. §348.753(3) et seq., Florida Statutes. (b) All voting representatives shall be elected officials of general purpose local governments, two of whom may represent groups of general-purpose local governments through entities created by the TPO for that purpose. The TPO may include, as part of its apportioned voting membership, a member of a statutorily authorized planning board or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 7 of 33 an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) The voting membership of a Metropolitan Planning Organization shall consist of at least 5 but not more than 19 apportioned members, with the exact number determined on an equitable geographic-population ratio basis, based on an agreement among the affected units of general-purpose local government and the Governor, as required by federal regulations and shall be in compliance with 339.175(3) F.S. (d) In the event that a governmental entity that is a member of the TPO fails to fill an assigned appointment to the TPO within sixty days after notification by the Governor of its duty to appoint a representative, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. With the exception of voting delegates of the North Beaches Coalition and the South Beaches Coalition, the term of office of members of the TPO shall be four years. The term of office of the North Beaches Coalition and the South Beaches Coalition, shall be as determined in the interlocal agreement creating the aforesaid North Beaches Coalition and the South Beaches Coalition. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four-year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The TPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(5) and (6), F.S. Section 5.02. Specific authority and powers. The TPO shall have the following powers and authority: (a) As provided in Section 339.175(6)(g), F.S., the TPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), F.S., the TPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)(j), F.S., the TPO may acquire, own, operate, maintain, sell, or lease real and personal property; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 8 of 33 (d) As provided in Section 163.01(5)(m), F.S., the TPO may accept funds, grants, assistance, gifts or bequests from local, state, and federal resources and private entities and the TPO may make grants for transportation-related purposes. §163.01(5)(m), F.S.; (e) The TPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (f) The TPO shall have such powers and authority as specifically provided in Section 163.01 and Section 339.175(5) and (6), F.S., and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. In addition to those duties and responsibilities set forth in Article 2, the TPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(6)(d), F.S., the TPO shall create and appoint a technical advisory committee; (b) As provided in Section 339.175(6)(e), F.S., the TPO shall create and appoint a citizens’ advisory committee; (c) As provided in Section 163.01(5)(o), F.S., the TPO membership shall be jointly and severally liable for liabilities, and the TPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board, or in any manner agreed upon by the TPO. Nothing contained herein shall constitute a waiver by any party of its sovereign immunity or the provisions of section 768.28, F.S. (d) As provided in Section 339.175(9), F.S., the TPO shall establish an estimated budget which shall operate on a fiscal year basis consistent with any requirements of the UPWP; (e) The TPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by Title 23 CFR Parts 420 and 450, and Title 49 CFR Part 613, Subpart A, and consistent with Chapter 339, F.S., and other applicable state and local laws; (f) As provided in Section 339.175(10)(a), F.S., the TPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area; (g) Perform such other tasks presently or hereafter required by state or federal law; (h) Execute certifications and agreements necessary to comply with state or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 9 of 33 federal law; and (i) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the TPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to ensure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Interlocal Agreement. This shall be done in accordance with the requirements of Title 23 CFR Part 420, Subpart A, Title 49 CFR Part 18, Subpart C, and all other applicable federal regulations. Section 6.03. Record-keeping and document retention. The Department and the TPO shall prepare and retain all records in accordance with federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR §18.42, and Chapter 119, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records as required by Federal and state law and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the TPO upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Interlocal Agreement shall not be construed to authorize the delegation of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 10 of 33 constitutional or statutory duties of any of the parties. In addition, this Interlocal Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Interlocal Agreement or any legal or administrative entity created or authorized by this Interlocal Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Interlocal Agreement. Amendments or modifications of this Interlocal Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Interlocal Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the TPO without approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Duration. This Interlocal Agreement shall remain in effect until terminated by the parties to this Interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new Federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Brevard County and the United States Bureau of the Census designated largest incorporated city, may withdraw from this Interlocal Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Interlocal Agreement and the TPO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Interlocal Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The TPO shall contact The Office of the Governor and the Governor, with the agreement of the remaining members of the TPO, shall determine whether any reapportionment of the membership is appropriate. The Governor and the TPO shall review the previous TPO designation, applicable federal, state and local law, and TPO rules for appropriate revision. In the event that another entity is to afforded membership in the place of the member withdrawing from the TPO, the parties acknowledge that pursuant to Title 23 CFR §450.310(l)(2), adding membership to the TPO does not automatically require redesignation of the TPO. In the event that a party who is not a signatory to this Interlocal Agreement is afforded membership in the MPO, membership shall not become effective until this Interlocal Agreement is amended to reflect that the new member has joined the TPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Interlocal Agreement shall be in writing and delivered in person or dispatched by U.S. certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed as follows: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 11 of 33 BREVARD COUNTY: County Manager 2725 Judge Fran Jamieson Way, Bldg. C, Melbourne, FL 32940 Assistant County Manager 2725 Judge Fran Jamieson Way, Bldg. C, Melbourne, FL 32940 CITY OF PALM BAY: City Manager City of Palm Bay 120 Malabar Rd., Palm Bay, FL 32907 CITY OF CAPE CANAVERAL: City Manager City of Cape Canaveral P.O. Box 326 100 Polk Ave., Cape Canaveral, FL 32920 CITY OF ROCKLEDGE: City Manager City of Rockledge 1600 Huntington Lane Rockledge, FL 32955 CANAVERAL PORT AUTHORITY: Chief Executive Officer Canaveral Port Authority 445 Challenger Rd., Suite 301 Cape Canaveral, FL 32920 CITY OF SATELLITE BEACH: City Manager City of Satellite Beach 565 Cassia Blvd., Satellite Beach, FL 32937 CITY OF COCOA: City Manager City of Cocoa 65 Stone Street, Cocoa, FL 32922 CITY OF TITUSVILLE: City Manager City of Titusville 555 S. Washington Ave., Titusville, FL 32796 Mailing Address: P.O. Box 2806 Titusville, FL 32781 CITY OF COCOA BEACH: City Manager City of Cocoa Beach P.O. Box 322430 1600 Minutemen Causeway, Cocoa Beach, FL 32932-2430 CITY OF WEST MELBOURNE: City Manager City of West Melbourne 2240 Minton Rd. West Melbourne, FL 32904 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 12 of 33 CITY OF INDIAN HARBOUR BEACH: City Manager City of Indian Harbour Beach, City Hall 2055 South Patrick Dr., Indian Harbour Beach, FL 32937 TOWN OF INDIALANTIC: Town Manager Town of Indialantic 216 5th Ave., Indialantic, FL 32903 CITY OF MELBOURNE: City Manager City of Melbourne Melbourne City Hall, 5TH Floor, 900 Strawbridge Ave., Melbourne, FL 32901 TOWN OF MELBOURNE BEACH Town Manager Town of Melbourne Beach 507 Ocean Ave., Melbourne Beach, FL 32951 FLORIDA DEPARTMENT OF TRANSPORTATION: Charles Koppernolle, FCCM MPO Liaison – Space Coast & Lake Sumter FDOT District-5 Planning & Environmental Management 719 S. Woodland Blvd., Deland, FL 32720 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of the Interlocal Agreement. The Department and the members of the TPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Interlocal Agreement and in choice of wording. Consequently, no provision should be more strongly construed against any party as drafter of this Interlocal Agreement. (b) Severability. Invalidation of any one of the provisions of this Interlocal Agreement or any part, clause or word, or the application thereof in specific circumstances, by judgment, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Interlocal Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 13 of 33 (2) The masculine gender includes the feminine gender; and (3) The word “shall” is mandatory, and “may” is permissive. Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Interlocal Agreement by any party hereto, each party shall bear its own costs and attorney’s fees in connection with such proceeding. Section 7.07. Repeal and Replacement of Existing Interlocal Agreement. At the time of execution and recording of this Interlocal Agreement, an existing Restated Interlocal Agreement for Creation of the Metropolitan Planning Organization is in existence and was recorded July 15, 2014, in Official Records Book 7166, Page 2144, Public Records of Brevard County, as amended by that certain First Amendment to existing Restated Interlocal Agreement for Creation of the Transportation Planning Organization recorded on October 8, 2020, in Official Records Book 8880, Page 279, Public Records of Brevard County. The aforesaid Interlocal Agreement, and its amendment, be and the same is hereby terminated and replaced this instrument. Nothing in this instrument shall affect, void, or repeal any decision or act committed, any appointment made or done, or any contract or right established or accruing before the effective date of this instrument under the authority of the aforementioned Interlocal Agreement and its amendment, and said act, commitment, appointment, contract, or right shall continue in full force unless otherwise voided, repealed, terminated, or amended by act of the TPO separate and apart from this instrument. Section 7.08. Interlocal Agreement execution; Use of counterpart signature pages. This Interlocal Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.09. Effective date; Cost of recordation. (a) Effective date. Pursuant to Section 163.01(11), Florida Statutes, this Interlocal Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of Brevard County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for Brevard. (b) Recordation. The TPO hereby agrees to pay for any costs of recordation or filing of this Interlocal Agreement in the Office of the Circuit Court in Brevard County. The recorded or filed original, or any amendment, shall be returned to the TPO for filing in its records. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 14 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. Signed, Sealed and Delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ___________________________ __________________, Chairman As Approved by the Board on: ___________________________ (COUNTY SEAL) ___________________________ Rachel Sadoff, Clerk Review for legal form and content: ______________________ Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 15 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CANAVERAL PORT AUTHORITY ___________________________ __________________, Chairman : As Approved by the Board on: (SEAL) ___________________________ _________________, Secretary/Treasurer Reviewed for legal form and content: ______________________ Port Authority Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 16 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF CAPE CANAVERAL, A Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 17 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF COCOA, A Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 18 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF COCOA BEACH, A Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Commission on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 19 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF INDIAN HARBOUR BEACH, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 20 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF MELBOURNE, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 21 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF PALM BAY, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 22 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF ROCKLEDGE, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 23 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF SATELLITE BEACH, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 24 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF TITUSVILLE, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 25 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. CITY OF WEST MELBOURNE, a Florida Municipal Corporation By:_____________________________ _________________, City Manager : As Approved by the City Council on: (CITY SEAL) ___________________________ __________________, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 26 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. TOWN OF INDIALANTIC, a Florida Municipal Corporation By:_____________________________ Mike Casey, Town Manager : As Approved by the Town Council on: (TOWN SEAL) ___________________________ Mollie Carr, Town Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 27 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. TOWN OF MELBOURNE BEACH, a Florida Municipal Corporation By:_____________________________ , Town Manager : As Approved by the Town Commission on: (TOWN SEAL) ___________________________ Amber Brown, Town Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 28 of 33 IN WITNESS WHEREOF, the undersigned party has executed this Interlocal Agreement on behalf of the referenced legal entity and hereby re-establishes the above designated TPO. FLORIDA DPEARTMENT OF TRANSPORTATION, a By:_____________________________ ______________ : As Approved by the Department on: (SEAL) _____________________________ _________________, Agency Clerk Reviewed for legal form and content: _____________________________ Department Asst. General Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 29 of 33 EXHIBIT “A” Space Coast TPO Jurisdictional Boundary STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 30 of 33 EXHIBIT “B” Resolution #24-08, Apportionment Plan STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 31 of 33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 32 of 33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION 525-010-01 POLICY PLANNING OGC– 03/13 Page 33 of 33 EXHIBIT “C” Governor Approval of Apportionment Plan CITY OF CAPE CANAVERAL CITY COUNCIL MEETING · MARCH 18, 2025 AGENDA ITEM SUMMARY · ITEM # _8b__ 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, second reading. Department: Community and Economic Development Summary: On December 11, 2024, the City’s Planning and Zoning Board reviewed updates to the Coastal Management Element and Future Land Use Element of the City’s Comprehensive Plan and unanimously recommended City Council approval. At the December 17, 2024, Regular City Council Meeting, Council unanimously approved all updates on first reading. Staff transmitted the proposal to the State Land Planning Agency on December 20, 2024, for expedited review. As conveyed by Florida Commerce in Attachment 3, no reviewing agencies requested edits, allowing for Ordinance No. 01-2025 to proceed forward to its adoption phase. Pending City Council adoption, Staff will submit the adopted plan amendment package to the State (given there are no challenges filed by affected persons or reviewing agencies) and the amendment becomes effective 31 days after the State Land Planning Agency notifies the City that the amendment package is complete. It should be noted that adoption generally does not generate compliance requirements of existing projects, rather, Staff will apply the updated Comprehensive Plan goals, objectives, and policies during the discretionary analysis of any new project. Adoption of the presented ordinance provides a standardized basis in which to begin changing the City’s Code of Ordinances for flood mitigation and adaptation purposes and better positions the City for grant funding. Subsequent to final adoption, Staff will draft and present ordinances to carry forth the provisions of the updated Comprehensive Plan. Submitted by: Brianna Soat, Abigail Holmes, Connor Ford, and Zachary Eichholz Attachments: 1. Ordinance No. 01-2025 2. Affidavit 3. City of Cape Canaveral Proposed Text Amendment Transmittal Package 4. Business Impact Statement 5. Florida Commerce Letter 6. Proposed Ordinance with updates displayed in Track Changes 7. Proposed Ordinance without updates displayed in Track Changes, includes – 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) City of Cape Canaveral City Council Meeting · March 18, 2025 Agenda Item # ___ Page 2 of 2 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 Acting Finance Director: Cheryl Puleo The Interim City Manager recommends the City Council take the following action: Enact Ordinance No. 01-2025 on second reading to become effective 31 days after the State Land Planning Agency notifies the City that the amendment package is complete. Approved by Interim City Manager: John DeLeo 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 01-2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL MANAGEMENT AND FUTURE LAND USE ELEMENTS TO ADDRESS PERILS OF FLOOD IN ACCCORDANCE 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, as beachside community, the City has adopted a Coastal Management Element, and other provisions in the Future Land Use Element, under its Comprehensive Plan setting forth goals, objectives and policies providing for the preservation and conservation of the City’s coastal resources; and WHEREAS, the City Council recognizes that the State and local governments have a significant interest in the resources of the coastal zone of the State of Florida, and 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. Sec. 163.3178, Fla. Stat.; and WHEREAS, the City Council recognizes that Section 163.3178(2), Florida Statutes provides that each coastal management element required by s. 163.3177(6)(g) shall be based on studies, surveys, and data, and must be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and WHEREAS, in furtherance of planning to preserve, protect and conserve the City of Cape Canaveral’s coastal resources, the City engaged the East Central Florida Regional Planning Council to prepare a vulnerability assessment; and City of Cape Canaveral Ordinance No. 01-2025 Page 1 of 5 41 42 WHEREAS, the East Central Florida Regional Planning Council prepared the assessment 43 entitled “Resilient Cape Canaveral 2019” (“Report”) which was presented to and accepted by the 44 City Council at a duly held public meeting on August 20, 2019; and 45 46 WHEREAS, based on the data and findings contained within Report and in accordance 47 with Section 380.093(d), Florida Statutes, the City Council desires to amend the Coastal 48 Management Element and Future Land Use Element of the City’s Comprehensive Plan to adopt a 49 peril of flood comprehensive plan amendment that addresses the requirements of Section 50 163.3178(2)(f), Florida Statutes; and 51 52 WHEREAS, Section 163.3178(2)(f), Florida Statutes requires that a peril of flood 53 comprehensive plan amendment must address the following minimum requirements: a 54 redevelopment component that outlines the principles that must be used to eliminate 55 inappropriate and unsafe development in the coastal areas when opportunities arise. The 56 component must: (1) Include development and redevelopment principles, strategies, and 57 engineering solutions that reduce the flood risk in coastal areas which results from high-tide 58 events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise; (2) 59 Encourage the use of best practices development and redevelopment principles, strategies, and 60 engineering solutions that will result in the removal of coastal real property from flood zone 61 designations established by the Federal Emergency Management Agency; (3) Identify site 62 development techniques and best practices that may reduce losses due to flooding and claims 63 made under flood insurance policies issued in this state; (4) Be consistent with, or more stringent 64 than, the flood-resistant construction requirements in the Florida Building Code and applicable 65 flood plain management regulations set forth in 44 C.F.R. part 60; (5) Require that any construction 66 activities seaward of the coastal construction control lines established pursuant to s. 161.053 be 67 consistent with chapter 161; and (6) Encourage local governments to participate in the National 68 Flood Insurance Program Community Rating System administered by the Federal Emergency 69 Management Agency to achieve flood insurance premium discounts for their residents; and 70 71 WHEREAS, the City Council also acknowledges that an additional vulnerability assessment 72 is being undertaken by the City to preserve, protect and conserve the City of Cape Canaveral’s 73 coastal resources, and the City is participating in the Resilient Florida Grant Program pursuant to 74 Section 380.093, Florida Statutes, for purposes of expanding its knowledge about the 75 vulnerabilities that could potentially impact the City and identifying any potential mitigation 76 solutions; and 77 78 79 80 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens City of Cape Canaveral Ordinance No. 01-2025 Page 2 of 5 81 and all interested parties submitting written and oral comments and has recommended adoption 82 to the City Council; and 83 84 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject 85 comprehensive plan text amendment to the Florida Department of Commerce for its review and 86 comment; and 87 88 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the 89 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and 90 91 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 92 93 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated 94 herein by this reference. 95 96 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the 97 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes, and specifically in 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 furtherance of the requirements set forth in Section 163.3178(2)(f), Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments amending the text of the Coastal Management Element and Future Land Use Element of the City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan, Coastal Management and Future Land Use Elements, as more set forth in the attached EXHIBIT “1,” which is hereby fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations City of Cape Canaveral Ordinance No. 01-2025 Page 3 of 5 122 City of Cape Canaveral Ordinance No. 01-2025 Page 4 of 5 and omissions, not affecting the construction or meaning of this Ordinance and the City 123 Comprehensive Plan may be freely made. 124 125 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision 126 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 127 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 128 a separate, distinct and independent provision, and such holding shall not affect the validity of 129 the remaining portions of this Ordinance. 130 131 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of 132 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after 133 the state land planning agency notifies the City that the plan amendment package is complete 134 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, 135 the plan amendment shall not become effective until the state land planning agency or the 136 Administration Commission enters a final order determining the adopted amendment to be in 137 compliance. No development orders, development permits or land use dependent on this plan 138 amendment may be issued or commenced before it has become effective. After and from the 139 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall 140 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the 141 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as 142 amended. 143 144 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this ______ day of ___________, 145 146 2025. 147 148 _______________________________ 149 Wes Morrison, Mayor 150 ATTEST: 151 152 For Against 153 ___________________________________ 154 Mia Goforth, CMC Kim Davis _______ _______ 155 City Clerk 156 Kay Jackson ______ ______ 157 158 Mickie Kellum _______ _______ 159 160 Wes Morrison _______ _______ 161 162 Don Willis _______ _______ 163 164 City of Cape Canaveral Ordinance No. 01-2025 Page 5 of 5 165 166 167 168 Approved as to legal form and sufficiency 169 for the City of Cape Canaveral only by: 170 171 __________________________________________ 172 Anthony A. Garganese, City Attorney 173 174 175 176 1st 177 1st178 2nd179 2nd Reading/Transmittal: Advertisement: Reading/Adoption: 180 Local Planning Agency Hearing: Advertisement: November 29, 2024 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 1 City of Cape Canaveral Comprehensive Plan ORDINANCE NO. 01-2025EXHIBIT "1" City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 2 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 4 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 5 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 6 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 7 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 8 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 9 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 10 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 11 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 12 (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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 13 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 14 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 15 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 16 (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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 17 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 18 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 19 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 20 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 21 *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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 22 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 23 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 24 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 25 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 26 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 27 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.C 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 28 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 29 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. The Florida Senate 2021 Florida Statutes (Including 2021B Session) Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 380 LAND AND WATER MANAGEMENT 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 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 1/5 Exhibit A 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 submied 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 submiing 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 submied to the department pursuant to paragraph (b). (4)COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA LEVEL RISE DATA SET AND ASSESSMENT.— 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 2/5 (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 submied 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 submied 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 submied 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 submied by December 1, 2022, will be an update to the preliminary plan. The plan submied by December 1, 2023, and each plan submied 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 submied 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 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 3/5 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 submied 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 submied 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. 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 4/5 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 submied for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. History.—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. 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 5/5 The Florida Senate 2021 Florida Statutes (Including 2021B Session) Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMENTAL PROGRAMS 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 1/4 Exhibit B 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 submied 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 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 2/4 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 act 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 aributable 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 3/4 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate 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 Exhibit C CURRENT & FUTURE IMPACTS OF FLOODING 3 . •Tidal Flooding •Saltwater Intrusion •Failing Drainage •Malfunctioning Canals •Beach Erosion •Habitat loss •Reduced Groundwater Storage FLORIDA’S 2000-2016 FLOODPLAIN POPULATION GAINS 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 4 5 FUTURE PROJECTIONS OF SEA LEVEL RISE 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 d irected 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. 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 •Storm surge •Flash floods •Stormwater runoff •Related impacts of sea-level rise –future projections Identify where your vulnerabilities are located on maps. 7 Short Term (Episodic): •Storm Surge •Tsunami •Inland Flooding •Shallow Coastal Flooding Long Term (Chronic): •Relative Sea Level Change INUNDATION TYPES Not all are the same! 8 Element 9 From: Train the Trainers, SFRPC, Coastal Resiliency Initiative Grant, DEP, 2015 •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. WHY MAP INUNDATION? Element 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. The “Peril of Flood” requirements group into two parts. The first part is outlined below: COMPREHENSIVE PLAN 10 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. Easily adoptable as policies into the plan reiterating these requirements. The second part of the “Peril of Flood” requirements include the following: 11 COMPREHENSIVE PLAN PERIL OF FLOOD DATA & ANALYSIS Multiple data sets, when used together, provide useful information for identifying the jurisdiction’s vulnerable areas, locations and facilities. 12 Data and analysis is used to define vulnerable areas. 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. Example: Titusville The City used specific data taken from professionally accepted sources to define areas of concern. 13 PERIL OF FLOOD DATA & ANALYSIS 14 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 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. REDEVELOPMENT COMPONENT 15 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. 16 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.” 17 REDEVELOPMENT COMPONENT 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.” Example: Titusville 18 REDEVELOPMENT COMPONENT 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. 19 The community used FEMA funds for buyouts. CITY OF PORT ORANGE Post Disaster Opportunity -Strategic Relocation 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. 21 EFFECTIVE ADAPTATION STRATEGIES 22 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 ACCOMODATION AND PROTECTION Photo source: City of Tallahassee A green infrastructure approach turns a floodable area into a community asset. 23 NFIP COMMUNITY RATING SYSTEM (CRS) 24 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 Source: W. Thomas Hawkins, UF College of Law, 2016 http://www.tbrpc.org/onebay/obwg/060316/Hawkins_UF_CRS_ClimateAdapt_06032016.pdf 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/slrdata/ •UF GeoPlan Center, Sea Level Scenario Sketch Planning Tool http://sls.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/ 25 PERIL OF FLOOD DATA & ANALYSIS QUESTIONS 26 Thank You. CONTACT 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 27 Exhibit D Exhibit E Exhibit FUS Army Corps of Engineers Sea Level Rise Projection NOAA Sea Level Rise Projection Exhibit G Exhibit H THE CITY OF CAPE CANAVERAL BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published pursuant to Section 166.041(3)(a), Florida Statutes. City Council Meeting Dates: February 18, 2025 Ordinance Number: Ordinance No. 01-2025 Posted To Webpage: __________________ This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL MANAGEMENT AND FUTURE LAND USE ELEMENTS TO ADDRESS PERILS OF FLOOD IN ACCCORDANCE 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. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: X 1. Ordinances required for compliance with federal or state law or regulation; ___ 2.Ordinances relating to the issuance or refinancing of debt; ___ 3.Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ___ 4.Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; ___ 5. Emergency ordinances; ___ 6. Ordinances relating to procurement; or ___ 7. Ordinances enacted to implement the following: ___ a. Development orders and development permits, as those terms are defined in January 30, 2025 Attachment 2 s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; ___ b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; ___ c. Sections 190.005 and 190.046; ___ d. Section 553.73, relating to the Florida Building Code; or ___ e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: (Address the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the City of Cape Canaveral.) [INSERT SUMMARY] Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Cape Canaveral: (fill out subsections a-c as applicable, if not applicable write “not applicable”) (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: ____________________________________________________________________ _____________________________________________________________________ (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and ____________________________________________________________________ ____________________________________________________________________ (c) An estimate of the City of Cape Canaveral’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. ____________________________________________________________________ ____________________________________________________________________ Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: ______________________________________________________________________ _____________________________________________________________________ Part IV. Additional Information the City Council may find useful (if any): Section 163.3178(2)(f), Florida Statutes requires the City of Cape Canaveral to adopt a peril of flood comprehensive plan amendment addressing minimum requirements. Therefore, this Ordinance is exempt from the business impact statement requirement. This Business Impact Estimate may be revised following its initial posting. LocaliQ AFFIDAVIT OF PUBLICATION Daniel LeFever Finance Dept City Of Cape Canaveral PO Box 326 Cape Canaveral FL 32920 Florida GANNETT STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Florida Today, a daily newspaper published in Brevard County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible website of Brevard County, Florida, or in a newspaper by print in the issues of, on: 02/13/2025 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Legal le-rk of Brown J lvtll My commission expires Publication Cost: Tax Amount: Payment Cost: Order No: Customer No: PO#: $142.76 $0,00 $142.76 11022962 1127254 THIS IS NOT AN INVOICE! Please do not use thisformjorpaymenl remillance. KEEGAN MORAN Notary Public State of Wisconsin # of Copies: 1 PO Box 631244 Cincinnati, OH 45263-1244 Ad#ll 022962 02/13/2025 CORRECTED PUBLIC NOTICE CITY OF CAPE CANAVERAL NOTICE OF PROPOSED COMPREHENSIVE PLAN AMENDMENT Notice is hereby given that the City of Cape Canaveral proposes to adopt the following Ordinance : ORDINANCE NO. 01-2025 An Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida; amending the City of Cape Canaveral Comprehensive Plan Coastal Management and Future Land Use elements to address perils of flood in accordance w ith the requirements of 163 .3178(2) (!),Florida Statutes and other applicable law; providing for the repeal of prior inconsistent ordi- nances and resolutions, severability, incorporation into the comprehen- sive plan, an effective date and legal status of the plan amendments. The following public hearing will be held regarding the adoption of the Ordinance : City Councl I Meeting -Second Reading Tuesday, March 18, 2025 at 6: 00 P.M. or soon thereafter at City Hall located at 100 Polk Avenue, Cape Canaveral, Florida. The City Coun- cil reserves the right to postpone or continue the Public Hearing on any of these Ordinances at this meeting without further notice . The proposed Ordinance may be inspected by Interested parties during regular City business hours, Monday through Friday (8:30 am to 5:00 pm), at the City Clerk's Office located at 100 Polk Avenue, Cape Canaveral, Florida . For more infor- mation, call (321) 868-1220 x207 . Interested parties may appear at the meeting and be heard with respect to the proposed Ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office, 48 hours in advance of the meeting, The meet- ings listed above are public hear- ings, If you decide to appeal any decision made by the City Council with respect to any matter consid- ered at these meetings, you wil I need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the propased Ordinance. Page 1 of 1 I FLORIDAC~MMERCE Ron Desantis J. Alex Kelly January 17, 2025 The Honorable Wes Morrison Mayor, City of Cape Canaveral 100 Polk Avenue Cape Canaveral , Florida 32920 Dear Mayor Morrison, FloridaCommerce has reviewed the proposed comprehensive plan amendment for the City of Cape Canaveral (Amendment No. 24-0lESR) received on December 27, 2024. The review was completed under the expedited state review process. FloridaCommerce has no comment on the proposed amendment. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, FloridaCommerce has enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the City is reminded that: • Section 163.3184(3)(b), Florida Statutes (F.S.), authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption . • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S . • The adopted amendment must be transmitted to FloridaCommerce within ten working days after the final adoption hearing or the amendment shall be deemed withdrawn pursuant to 163.3184(3}(c)2., F.S. Under Section 163.3184(3)(c)2 . and 4., F.S ., the amendment effective date is 31 days after FloridaCommerce notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by FloridaCommerce or the Administration Commission. Caldwell Building I 107 E. Madison Street Tallahassee, FL 32399 850.245.7105 I ~ I Twitter:@FLACommerce An equal opportuni ty employ er/progra m. Auxi liary a ids an d servi ce are ava ilable upon request to indi viduals with disabi lit ies. All voice t e leph one numbers on thii document may be reached by perso ns usi ng TTY/TTD equ ipment via the Florida Rela y Servi ce at 711. Attachment 3 The Honorable Wes Morrison January 17, 2025 Page 2 of 2 If you have any questions concerning this review, please contact Christina Nazaire, Planning Analyst, by telephone at (850)-717-8532 or by email via Christina.Nazaire@Commerce.fl.gov. Sincerely, reau of Community Planning and Growth JDS /en Enclosure(s): Procedures for Adoption cc: Brianna Soat, AICP, Community and Economic Development Director, City of Cape Canaveral Tara McCue, Executive Director, East Central Florida Regional Planning Council Caldwell Building I 107 E. Madison Street Tallahassee, FL 32399 850.245.7105 I ~ I Twitter: @FLACommerce An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's electronic amendment submittal portal "Com prehensive Plan and Amendment U pload" (https://fldeo.m y.salesforce-sites.com/cp/) or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council, Water Management District, Department of Transportation, Department of Environmental Protection, Department of State, the appropriate county (municipal amendments only), the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only), and the Department of Education (amendments relating to public schools), and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: __ State Land Planning Agency identification number for adopted amendment package. __ Summary description of the adoption package, including any amendments proposed but not adopted. __ Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). __ Ordinance number and adoption date. __ Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government. __ Name, title, address, telephone, FAX number and e-mail address of local government contact. __ Letter signed by the chief elected official or the person designated by the local government. Revised: December 2024 Page 3 of 4 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: __ In the case of text amendments, changes should be shown in strike-through/underline format. ___ In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation and its adopted designation. __ A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required. __ Copy of the executed ordinance adopting the comprehensive plan amendment(s). Suggested effective date language for the adoption ordinance for expedited review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." __ List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review. __ List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment. __ Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency . Revised: December 2024 Page 4 of 4 December 20, 2024 City of Cape Canaveral Proposed Comprehensive Plan Amendment (Ordinance No. 01- 2025) Transmittal Round Dear Recipient, The City of Cape Canaveral is requesting review of a proposed amendment to the City's Coastal Management and Future Land Use Elements of the Comprehensive Plan. The proposed text amendment seeks to address the Peril of Flood in accordance with the requirements of 163.3178(2)(F), of the Florida Statutes and other applicable law. On Tuesday, December 17, 20204, the City Council unanimously passed duly noticed Ordinance No. 01-2025 on first reading after recommendation of approval by the City's Local Planning Agency (the City of Cape Canaveral Planning and Zoning Board). Please see the following attachments within this Transmittal package to include the following: the proposed Coastal Management Element and Future Land Use Element, the proposed Coastal Management Element and Future Land Use Element with track changes, the December 17, 2024, City Council Meeting minutes summary, and Ordinance No. 01-2025 with exhibits. Sincerely, Community and Economic Development Director Attachment 1 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 1 City of Cape Canaveral Comprehensive Plan City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 2 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 4 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 Consider interagency regulatory guidance, control invasive, non-native, or otherwise environmentally destructive plants in the coastal zone. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 5 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. POLICY CM 1.1.12 The code of ordinances will require proposed new and redevelopment projects to have compatible elevations and mitigation techniques recommended by the city engineer to reduce the potential risk of flooding from new and redevelopment projects on adjacent properties and rights of way. 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 6 POLICY CM-1.2.2 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 7 shall be designed in a manner that will allow for continued functionality when considering effects from sea level rise. OBJECTIVE CM 1.3 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 8 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 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 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 9 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. 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 10 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. 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 11 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. 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 12 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 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 13 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 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 14 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 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 15 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; 3. Dry and wet flood-proofing of structures; 4. Living shoreline installation and maintenance, including dune preservation and restoration; City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 16 5. Specialized fortification techniques recommended by the Florida Green Building Council; 6. New parking and parking lot site plan design standards to increase water capture, including reduction of required spaces; 7. Combination of LID and traditional stormwater infrastructure; and 8. 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 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 17 movement, requiring interconnectivity among adjoining parcels of land and incentives for green building methods. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 18 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 19 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 20 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. *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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 21 *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 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 22 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. POLICY LU-1.6.1 The Code of Ordinances will provide regulatory incentives for the development and redevelopment of infill parcels. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 23 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: 1. Whether the proposed development genuinely embraces the vision statement of the City of Cape Canaveral established by the City Council; City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 24 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; 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; City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 25 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 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 26 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 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 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 27 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.C 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. 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. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 28 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. POLICY 1.9.1 Incentivize beautification and redevelopment activities via dedicated funding and program development. City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 29 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 October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 1 City of Cape Canaveral Comprehensive Plan City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 2 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 October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 4 GOAL CM-1 Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. , 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, or and enhance the two 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. The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone, including, as appropriate, wetlands, water quality, water quantity, wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas, beach preservation and tree protection. POLICY CM-1.1.2 The City shall pProvide for development which 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 The City shall continue to wWork with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment, including, but not limited to, its amenities and aesthetic values. POLICY CM-1.1.4 The City shall workCollaborate with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound data-driven conservation principles, of all living and non-living coastal zone resources. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 5 POLICY CM-1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. POLICY CM-1.1.65 In cooperation with state and federal regulatory agencies and private developers, the City shall 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-1.1.76 Consider interagency regulatory guidance, control invasive, non-native, or otherwise environmentally destructive plants in the coastal zone. The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone, including the following noxious species: Causarina cunninghamians (Beefwood) Causarina glauca (Scaley-bark Beefwood) Causarina equisetifolia (Australian Pine) Dioscorea bulbifera (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) Rincinus communis (Castor Bean) Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 6 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. POLICY CM 1.1.12 The code of ordinances will require proposed new and redevelopment projects to have compatible elevations and mitigation techniques recommended by the city engineer to reduce the potential risk of flooding from new and redevelopment projects on adjacent properties and rights of way. OBJECTIVE CM-1.2 The City shall take action in an effort to maintain or 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 The City shall work toward limitingLimit 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 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.The City shall enforce its ordinances which minimize man-induced sedimentation, excessive freshwater runoff, and other non-point pollution sources. 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. The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 7 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. 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 8 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. 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 9 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 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 10 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. OBJECTIVE CM-1.35 The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water-dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and/or standards. POLICY CM-1.53.1 The City shall eEstablish 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 11 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-1.35.2 The City shall rReview, update (if necessary), and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks; and land use; and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports--all with the underlying rationale of reducing the exposure of human life and property to natural hazards.. POLICY CM-1.53.3 The City shall aAdopt 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-1.46 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-1.46.1 The City shall cClosely 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. POLICY CM-1.46.2 In areas where beaches and dunes are being eroded, the City shall encourage and support a multi- jurisdictional approach to stabilization and restoration projects, preferably utilizingprioritizing native vegetation as the stabilizing medium. POLICY CM-1.46.3 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 12 The City shall continue to eEnforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. POLICY CM-1.46.4 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-1.46.5: The City shall continue to pProhibit motorized vehicles from operating on the dune system, except in public safety and emergency situations. POLICY CM-1.46.6 The City should continue to work 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-1.57 The City shall limit public expenditures that subsidize development permitted in coastal high- hazard areasCHHAs, 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-1.57.1 The City shall iIncorporate a provision to implement the above Objective limiting public expenditures on infrastructure in the CHHA in its Land Development Regulations. OBJECTIVE CM-1.6 BECAME OBJECTIVE CM-1.3 The City shall direct population concentrations away from known or predicted coastal high-hazard areas. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high-hazard area and the degree to which the following Policy is implemented. POLICY CM-1.6.1 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 13 Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high-hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE CM-1.7 (NOW OBJECTIVE CM-1.4) The City shall work toward reducing its local hurricane evacuation times based upon the Brevard County’s Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. POLICY CM-1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. POLICY CM-1.7.2 The City shall maintain and update, as required, its list of persons requiring help during evacuation. POLICY CM-1.7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. POLICY CM-1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. OBJECTIVE CM-1.8 By 2027, Tthe 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.which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post-disaster redevelopment plan plus the degree to which the following Policies are implemented. POLICY CM-1.8.1 The City shall eEstablish a mechanism and procedures for obtaining meaningful input on this matter from affected property-owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 14 preparation of the post-disaster redevelopment plan.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. The City shall use the following as the guiding principle for its post-disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. POLICY CM-1.8.3 Minimize cumulative repetitive loss via the Code of Ordinances. The City's post-disaster redevelopment plan shall include policies to: distinguish between short- term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures; limit redevelopment in areas of repeated damage; and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. OBJECTIVE CM-1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River 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 The City shall continue to eEncourage public access at the time of development of the areas along the beach. POLICY CM-1.9.3 The City shall enforce Maintain public access to beaches renourished at public expense. POLICY CM-1.9.4 The City shall continue to enforceAbide by the public access requirements of the Coastal Zone Protection Act of 1985. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 15 POLICY CM-1.9.5 The City shall pProvide publicly accessible transportation or parkingmulti-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 these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected, preserved, or reused in a sensitive manner and the degree to which the following Policies are implemented. POLICY CM-1.10.1 Conduct an archeological survey to determine historically significant sites in need of protection, to the extent feasible and with relevant partner agencies, as applicable. The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. POLICY CM-1.10.2 As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. POLICY CM-1.10.3 The City shall mMaintain 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 in the coastal area . The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. POLICY CM-1.11.1 The City shallThe 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 16 proposed development and redevelopment, consistent with concurrency management and provisions to mitigate climate-related impacts. water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. 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 other climate-related impacts when identifying projects for inclusion in the Schedule of Capital Improvements. The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. POLICY CM-1.11.3 The City shall assess new or improved infrastructure and redevelopment projects for climate- related impacts, and plan accordingly to ensure long-term functionality. Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. 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. The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St. Johns River Water Management District. POLICY CM-1.12.2 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 17 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. The City will ensure that any stormwater management, aquifer recharge, and water reuse policies and projects are consistent with the Goals of the SJRWMD’s Indian River Lagoon Basin program, including its Comprehensive Conservation Management Plan, to restore and protect the Indian River Lagoon through the enhancement of water quality and natural systems in the basin. POLICY CM-1.12.3 Ensure new regulations to protect water resources are consistent with the SJRWMD environmental resource permitting and consumptive permitting use rules. The City will ensure that any new regulation to protect water resources is consistent with SJRWMD’s environmental resource permitting and consumptive permitting use permitting rules. POLICY CM-1.12.4 The Code of Ordinances will provide incentives for the use of low-impact development (LID) and green stormwater infrastructure (GSI) practices and techniques. The City will promote and encourage the use of low impact development techniques (such as the Florida Water Star℠ program, which is a point based, new home certification program for water- efficient developments, similar to the Federal Energy Star program). OBJECTIVE CM-1.13 The City shall work to reduce or eliminate unsafe and inappropriate development and mitigate the flood risks to existing and planned development in areas of high risk of floodinghigh-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 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. The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 18 incorporate building design specifications, engineering solutions, site development techniques and management practices that reduce risk and losses due to flooding. 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. The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise meets or exceed the flood-resistant construction requirements of the Florida Building Code. 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). The City shall require that construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053, F.S., be consistent with Chapter 161, F.S. POLICY CM-1.13.4 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. The City shall continue to participate in and comply with National Flood Insurance Program (NFIP) regulations. 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. The City shall continue to participate in the Community Rating System (CRS) Program, which involves managing and documenting activities that the City performs to gain points under FEMA’ s CRS Program. 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 19 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; (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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 20 The City shall cCollaborate with Brevard County to increase regional resilience by sharing technical expertise, participating in annual summits, assessing local vulnerabilities, advancing agreed-upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. POLICY CM-1.14.2 The City shall cCollaborate 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 The City shall cCoordinate 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 The City shall pPromote 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 October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 21 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 22 GOAL LU-1 The overall goal for the City of Cape Canaveral forof the future land use element is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximizeamongst all land use categories to support the efficient use of land, accessibility to the circulation systemmulti-modal transportation, resilient infrastructure, and general compatibility among the land uses, and community quality of life. The City adopts a long-term planning horizon of ten twenty years, 20102045. 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 facilities andpublic 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. The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. POLICY LU-1.1.2 The City shall rRequire developers to provide for the local sanitary sewer, reuse , and water systems to serve their developments. POLICY LU-1.1.3 The City shallThe Code of Ordinances will require developers to provide for the followingall on- site infrastructure and their proportionate share of off-site infrastructure improvements for their projects to serve their development and redevelopment, including: drainage and stormwater management, open space, safe and convenient traffic flow, and vehiclemobility and parking. POLICY LU-1.1.4 The City shall aApply its the adopted level-of-service standards to a proposed development and redevelopment before allowing the development to take place. POLICY LU-1.1.5 The City shall rRequire 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 23 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. 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 work towardsupport 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: The City shall eEnforce its 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 work towardfacilitate the elimination or reduction of uses inconsistent with the community's character and future land usesincompatible land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveralthe City and the degree to which the following Policies are implemented. POLICY LU-1.3.1 The City shall eEnforce its variousthose 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 The City shall rRequire new development to be compatible with adjacent land uses. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 24 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. *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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 25 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 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. The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) POLICY LU-1.4.2 Designate and protect identified historically significant properties, to the extent possible, while considering future conditions and economic resources. As historically-significant properties are identified, these shall be designated and protected. POLICY LU-1.4.3 The City shall mMaintain 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 26 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) The City shall continue to monitor density of developments, especially in the high-hazard areas. 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. The City shall amend the Future Land Use Map to depict the Coastal High Hazard Area. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE 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. POLICY LU-1.6.1 The Code of Ordinances will provide regulatory incentives for the development and redevelopment of infill parcels. The City shall work toward development on infill parcels. POLICY LU-1.6.2 The City shall eEncourage 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 The City shall continue with its policy of requiringRequire developers to provide local sanitary sewer and water lines at the time of development. POLICY LU-1.7.2 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 27 The City shall continue to cCooperate 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: 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 28 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; 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 29 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 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) City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 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 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 31 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.C 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. 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: City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 32 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 alleviate the impacts of 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. POLICY 1.9.1 Incentivize beautification and redevelopment activities via dedicated funding and program development. In July of 1995, the City identified areas, prepared and adopted in the State Route A1A Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 33 CRITERIA: A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage, solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision-making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. POLICY 1.9.2 In 2007 the City of Cape Canaveral prepared a Redevelopment Plan that addressed land use, development regulations, and incentives to promote redevelopment and support creation of a “town center” development. The City shall pursue implementation of the policies under “Land Use Controls” of the Redevelopment Plan. OBJECTIVE LU-1.10 The City shall strive to coordinate with the Brevard County School Board 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 34 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. The City of Cape Canaveral, in conjunction with the School District, shall seek opportunities to co- locate schools with public facilities, such as parks, libraries, and community centers, as the need for these facilities is identified. City of Cape Canaveral, Florida DRAFTCity Council Regular Meeting · December 17, 2024 Minutes · Page 2 of 3 3.Approve Minutes for the December 3, 2024 Special Meeting. 4.Resolution No. 2024-19; adopting an amended and restated schedule of rates and chargesand other terms and conditions for public EV charging stations operated by the City onCity owned or controlled property; providing for the repeal of prior inconsistentresolutions, severability and an effective date. 5.Approve a modification to terms and conditions of IT services. A motion was made by __________________, seconded by _________________, to approve Consent Agenda Items __________. The motion carried 5-0. Mayor Morrison then recessed the meeting at _:__ p.m. The meeting was reconvened at _:__ p.m. PUBLIC HEARING: 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 Attorney Garganese read the title into the record and explained the Item. The City Attorney also explained that another version of the Ordinance’s Exhibit “A” was distributed to the City Council that identified the proposed amendments in Word track changes, and that the track change version will be attached to the Ordinance, and the track change version also included the Planning and Zoning Board’s recommendation. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued. City Attorney Garganese discussed the proposed Ordinance, and Council’s concern regarding potential stormwater impacts to building elevations and new development and adjoining properties, the Council referenced Brevard County Code Sec. 62-3724 of which he read the portion “Development shall not adversely impact the drainage of adjoining properties.” Chief Resilience Manager Eichholz indicated both the proposed Ordinance and building elevations ordinance can run concurrent through the process. Council reached consensus to move forward regarding a separate ordinance to control building elevation. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 01-2025, with Exhibit “A” referenced by the City Attorney, at first reading. The motion carried 4-0, with Council Member Davis absent. City Attorney Garganese also proposed language to the Council for a motion re garding building elevations, and discussed the process involving the Planning and Zoning Board. A motion was made by Council Member Willis, seconded by Council Member Jackson, to direct Staff to prepare an ordinance to address the elevations involving new development projects and the potential adverse effects the elevations could have on adjoining properties, taking into consideration Brevard County’s regulations. The motion carried 4-0, with Council Member Davis absent. ITEM FOR ACTION: 7. Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities: City Manager Morley explained the Item. Discussion ensued. A motion was made by _________________, seconded by _______________, to appoint __________________ to the Space Coast League of Cities as the Voting Delegate/Director and ___________________ as the Alternate. The motion carried 5-0. UNFINISHED BUSINESS: 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 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 01-2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL MANAGEMENT AND FUTURE LAND USE ELEMENTS TO ADDRESS PERILS OF FLOOD IN ACCCORDANCE 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, as beachside community, the City has adopted a Coastal Management Element, and other provisions in the Future Land Use Element, under its Comprehensive Plan setting forth goals, objectives and policies providing for the preservation and conservation of the City’s coastal resources; and WHEREAS, the City Council recognizes that the State and local governments have a significant interest in the resources of the coastal zone of the State of Florida, and 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. Sec. 163.3178, Fla. Stat.; and WHEREAS, the City Council recognizes that Section 163.3178(2), Florida Statutes provides that each coastal management element required by s. 163.3177(6)(g) shall be based on studies, surveys, and data, and must be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and WHEREAS, in furtherance of planning to preserve, protect and conserve the City of Cape Canaveral’s coastal resources, the City engaged the East Central Florida Regional Planning Council to prepare a vulnerability assessment; and City of Cape Canaveral Ordinance No. 01-2025 Page 1 of 5 41 42 WHEREAS, the East Central Florida Regional Planning Council prepared the assessment 43 entitled “Resilient Cape Canaveral 2019” (“Report”) which was presented to and accepted by the 44 City Council at a duly held public meeting on August 20, 2019; and 45 46 WHEREAS, based on the data and findings contained within Report and in accordance 47 with Section 380.093(d), Florida Statutes, the City Council desires to amend the Coastal 48 Management Element and Future Land Use Element of the City’s Comprehensive Plan to adopt a 49 peril of flood comprehensive plan amendment that addresses the requirements of Section 50 163.3178(2)(f), Florida Statutes; and 51 52 WHEREAS, Section 163.3178(2)(f), Florida Statutes requires that a peril of flood 53 comprehensive plan amendment must address the following minimum requirements: a 54 redevelopment component that outlines the principles that must be used to eliminate 55 inappropriate and unsafe development in the coastal areas when opportunities arise. The 56 component must: (1) Include development and redevelopment principles, strategies, and 57 engineering solutions that reduce the flood risk in coastal areas which results from high-tide 58 events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise; (2) 59 Encourage the use of best practices development and redevelopment principles, strategies, and 60 engineering solutions that will result in the removal of coastal real property from flood zone 61 designations established by the Federal Emergency Management Agency; (3) Identify site 62 development techniques and best practices that may reduce losses due to flooding and claims 63 made under flood insurance policies issued in this state; (4) Be consistent with, or more stringent 64 than, the flood-resistant construction requirements in the Florida Building Code and applicable 65 flood plain management regulations set forth in 44 C.F.R. part 60; (5) Require that any construction 66 activities seaward of the coastal construction control lines established pursuant to s. 161.053 be 67 consistent with chapter 161; and (6) Encourage local governments to participate in the National 68 Flood Insurance Program Community Rating System administered by the Federal Emergency 69 Management Agency to achieve flood insurance premium discounts for their residents; and 70 71 WHEREAS, the City Council also acknowledges that an additional vulnerability assessment 72 is being undertaken by the City to preserve, protect and conserve the City of Cape Canaveral’s 73 coastal resources, and the City is participating in the Resilient Florida Grant Program pursuant to 74 Section 380.093, Florida Statutes, for purposes of expanding its knowledge about the 75 vulnerabilities that could potentially impact the City and identifying any potential mitigation 76 solutions; and 77 78 79 80 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens City of Cape Canaveral Ordinance No. 01-2025 Page 2 of 5 81 and all interested parties submitting written and oral comments and has recommended adoption 82 to the City Council; and 83 84 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject 85 comprehensive plan text amendment to the Florida Department of Commerce for its review and 86 comment; and 87 88 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the 89 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and 90 91 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 92 93 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated 94 herein by this reference. 95 96 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the 97 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes, and specifically in 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 furtherance of the requirements set forth in Section 163.3178(2)(f), Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments amending the text of the Coastal Management Element and Future Land Use Element of the City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan, Coastal Management and Future Land Use Elements, as more set forth in the attached EXHIBIT “1,” which is hereby fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations City of Cape Canaveral Ordinance No. 01-2025 Page 3 of 5 122 City of Cape Canaveral Ordinance No. 01-2025 Page 4 of 5 and omissions, not affecting the construction or meaning of this Ordinance and the City 123 Comprehensive Plan may be freely made. 124 125 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision 126 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 127 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 128 a separate, distinct and independent provision, and such holding shall not affect the validity of 129 the remaining portions of this Ordinance. 130 131 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of 132 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after 133 the state land planning agency notifies the City that the plan amendment package is complete 134 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, 135 the plan amendment shall not become effective until the state land planning agency or the 136 Administration Commission enters a final order determining the adopted amendment to be in 137 compliance. No development orders, development permits or land use dependent on this plan 138 amendment may be issued or commenced before it has become effective. After and from the 139 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall 140 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the 141 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as 142 amended. 143 144 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this ______ day of ___________, 145 146 2025. 147 148 _______________________________ 149 Wes Morrison, Mayor 150 ATTEST: 151 152 For Against 153 ___________________________________ 154 Mia Goforth, CMC Kim Davis _______ _______ 155 City Clerk 156 Kay Jackson ______ ______ 157 158 Mickie Kellum _______ _______ 159 160 Wes Morrison _______ _______ 161 162 Don Willis _______ _______ 163 164 City of Cape Canaveral Ordinance No. 01-2025 Page 5 of 5 165 166 167 168 Approved as to legal form and sufficiency 169 for the City of Cape Canaveral only by: 170 171 __________________________________________ 172 Anthony A. Garganese, City Attorney 173 174 175 176 1st 177 1st178 2nd179 2nd Reading/Transmittal: Advertisement: Reading/Adoption: 180 Local Planning Agency Hearing: Advertisement: November 29, 2024 City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 1 City of Cape Canaveral Comprehensive Plan ORDINANCE NO. 01-2025EXHIBIT "1" City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 2 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 4 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 5 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 6 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 7 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 8 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 9 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 10 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 11 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 12 (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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 13 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 14 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 15 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 16 (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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 17 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 18 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 19 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 20 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 21 *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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 22 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 23 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 24 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 25 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 26 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 27 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.C 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 28 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 July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 29 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. The Florida Senate 2021 Florida Statutes (Including 2021B Session) Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 380 LAND AND WATER MANAGEMENT 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 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 1/5 Exhibit A 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 submied 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 submiing 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 submied to the department pursuant to paragraph (b). (4)COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA LEVEL RISE DATA SET AND ASSESSMENT.— 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 2/5 (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 submied 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 submied 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 submied 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 submied by December 1, 2022, will be an update to the preliminary plan. The plan submied by December 1, 2023, and each plan submied 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 submied 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 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 3/5 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 submied 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 submied 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. 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 4/5 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 submied for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. History.—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. 11/25/24, 12:00 PM Chapter 380 Section 093 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2021/380.093 5/5 The Florida Senate 2021 Florida Statutes (Including 2021B Session) Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMENTAL PROGRAMS 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 1/4 Exhibit B 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 submied 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 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 2/4 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 act 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 aributable 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 3/4 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. 11/25/24, 12:29 PM Chapter 163 Section 3178 - 2021 Florida Statutes - The Florida Senate https://www.flsenate.gov/Laws/Statutes/2021/163.3178 4/4 Co m p r e h e n s i v e P l a n n i n g fo r t h e P e r i l o f F l o o d Dr . B a r b a r a L e n c z e w s k i , A I C P Co m m u n i t y R e s i l i e n c y P l a n n e r Bu r e a u o f C o m m u n i t y P l a n n i n g & G r o w t h Ju n e 2 6 , 2 0 1 9 Ex h i b i t C CU R R E N T & F U T U R E I M P A C T S O F F L O O D I N G 3 . • Ti d a l F l o o d i n g • Sa l t w a t e r I n t r u s i o n • Fa i l i n g D r a i n a g e • Ma l f u n c t i o n i n g C a n a l s • Be a c h E r o s i o n • Ha b i t a t l o s s • Re d u c e d G r o u n d w a t e r S t o r a g e FL O R I D A ’ S 2 0 0 0 -20 1 6 F L O O D P L A I N P O P U L A T I O N G A I N S SO U R C E : Go v e r n i n g an a l y s i s o f s t a n d a r d i z e d C e n s u s t r a c t d a t a f r o m I P U M S N H G I S , U n i v e r s i t y o f M i n n e s o t a ; F E M A N F H L d a t a . F r o m an a r t i c l e i n Go v e r n i n g T h e S t a t e s a n d L o c a l i t i e s , Ri s k y W a t e r s , E v e r y o n e k n o w s i t ’ s a b a d i d e a t o b u i l d n e w d e v e l o p m e n t o n f l o o d - pr o n e l a n d . S o w h y d o w e k e e p d o i n g i t ? , Au g u s t , 2 0 1 8 4 5 FU T U R E P R O J E C T I O N S O F S E A L E V E L R I S E CO M P R E H E N S I V E P L A N : P E R I L O F F L O O D R E Q U I R E M E N T S Se c t i o n 1 6 3 . 7 1 3 8 ( 2 ) ( f ) 1 -6, F l o r i d a S t a t u t e s “P e r i l o f F l o o d ” C o m m u n i t y P l a n n i n g R e q u i r e m e n t s Th e 2 0 1 5 F l o r i d a L e g i s l a t u r e d ir e c t e d j u r i s d i c t i o n s t h a t h a v e a C o a s t a l Ma n a g e m e n t E l e m e n t a s a p a r t o f t h e i r c o m p r e h e n s i v e p l a n t o i n c l u d e a re d e v e l o p m e n t c o m p o n e n t w i t h p r i n c i p l e s t h a t m u s t b e u s e d t o e l i m i n a t e i n a p p r o p r i a t e a n d u n s a f e d e v e l o p m e n t i n t h e c o a s t a l a r e a s - wh e n op p o r t u n i t i e s a r i s e . DE O s t a f f r e v i e w t h e s e p l a n u p d a t e s f o r c o m p l i a n c e w i t h t h e l e g i s l a t i v e re q u i r e m e n t s . 6 PE R I L O F F L O O D : R E L E V A N T D A T A & A N A L Y S I S Th e c o m p o n e n t m u s t i n c l u d e d e v e l o p m e n t a n d re d e v e l o p m e n t p r i n c i p l e s , s t r a t e g i e s a n d e n g i n e e r i n g so l u t i o n s t h a t r e d u c e t h e f l o o d r i s k i n c o a s t a l a r e a s t h a t a r e th e r e s u l t s o f : • Hi g h -ti d e e v e n t s • St o r m s u r g e • Fl a s h f l o o d s • St o r m w a t e r ru n o f f • Re l a t e d i m p a c t s o f s e a -le v e l r i s e – fu t u r e p r o j e c t i o n s Id e n t i f y w h e r e y o u r vu l n e r a b i l i t i e s a r e lo c a t e d o n m a p s . 7 Sh o r t T e r m ( E p i s o d i c ) : • St o r m S u r g e • Ts u n a m i • In l a n d F l o o d i n g • Sh a l l o w C o a s t a l F l o o d i n g Lo n g T e r m ( C h r o n i c ) : • Re l a t i v e S e a L e v e l Ch a n g e IN U N D A T I O N T Y P E S No t a l l a r e t h e s a m e ! 8 El e m e n t 9 Fr o m : T r a i n t h e T r a i n e r s , S F R P C , C o a s t a l R e s i l i e n c y I n i t i a t i v e G r a n t , D E P , 2 0 1 5 • Vi s u a l i z e f l o o d i n g b y s h o w i n g t h e po t e n t i a l h e i g h t a n d e x t e n t o f t h e w a t e r . • Be t t e r u n d e r s t a n d t h e c o n s e q u e n c e s o r po t e n t i a l i m p a c t s o f f l o o d i n g . • Al l o w f o r l o n g -te r m l a n d u s e p l a n n i n g an d a d a p t a t i o n t o c o a s t a l r i s k . • Pr o m o t e p u b l i c e d u c a t i o n a n d aw a r e n e s s . • Al l o w f o r G I S a n a l y s i s o f i m p a c t e d ar e a s w i t h o t h e r d a t a f o r d e c i s i o n ma k i n g . WH Y M A P I N U N D A T I O N ? El e m e n t 1. I n c l u d e d e v e l o p m e n t a n d r e d e v e l o p m e n t p r i n c i p l e s , st r a t e g i e s , a n d e n g i n e e r i n g s o l u t i o n s t h a t re d u c e t h e f l o o d ri s k i n c o a s t a l a r e a s , wh i c h r e s u l t f r o m h i g h -ti d e e v e n t s , st o r m s u r g e , f l a s h f l o o d s , s t o r m w a t e r r u n o f f an d t h e r e l a t e d im p a c t s o f s e a -le v e l r i s e . 2. E n c o u r a g e t h e u s e o f b e s t p r a c t i c e s d e v e l o p m e n t a n d re d e v e l o p m e n t p r i n c i p l e s , s t r a t e g i e s a n d e n g i n e e r i n g so l u t i o n s t h a t w i l l r e s u l t i n t h e re m o v a l o f c o a s t a l r e a l pr o p e r t y f r o m f l o o d z o n e d e s i g n a t i o n s es t a b l i s h e d b y t h e Fe d e r a l E m e r g e n c y M a n a g e m e n t A g e n c y ( F E M A ) . 3. I d e n t i f y s i t e d e v e l o p m e n t t e c h n i q u e s a n d b e s t p r a c t i c e s th a t m a y re d u c e l o s s e s d u e t o f l o o d i n g an d c l a i m s m a d e un d e r f l o o d i n s u r a n c e p o l i c i e s i s s u e d i n F l o r i d a . Th e s t r a t e g i e s ne e d t o b e id e n t i f i e d no w an d i n c l u d e d i n th e p l a n . Th e “ P e r i l o f F l o o d ” r e q u i r e m e n t s g r o u p i n t o t w o p a r t s . Th e f i r s t p a r t i s o u t l i n e d b e l o w : CO M P R E H E N S I V E P L A N 10 4. B e c o n s i s t e n t w i t h , o r m o r e s t r i n g e n t t h a n , t h e f l o o d - re s i s t a n t c o n s t r u c t i o n r e q u i r e m e n t s i n t h e F l o r i d a B u i l d i n g Co d e a n d a p p l i c a b l e f l o o d p l a i n m a n a g e m e n t r e g u l a t i o n s se t f o r t h i n 4 4 C . F . R . p a r t 6 0 . 5. R e q u i r e t h a t a n y c o n s t r u c t i o n a c t i v i t i e s s e a w a r d o f t h e co a s t a l c o n s t r u c t i o n c o n t r o l l i n e s e s t a b l i s h e d pu r s u a n t t o se c t i o n 1 6 1 . 0 5 3 , F . S . , be c o n s i s t e n t w i t h c h a p t e r 1 6 1 . 6. E n c o u r a g e l o c a l g o v e r n m e n t s t o p a r t i c i p a t e i n t h e Na t i o n a l F l o o d I n s u r a n c e P r o g r a m C o m m u n i t y R a t i n g Sy s t e m ad m i n i s t e r e d b y F E M A t o ac h i e v e f l o o d in s u r a n c e p r e m i u m d i s c o u n t s f o r t h e i r r e s i d e n t s . Ea s i l y a d o p t a b l e as p o l i c i e s i n t o th e p l a n re i t e r a t i n g t h e s e re q u i r e m e n t s . Th e s e c o n d p a r t of t h e “ P e r i l o f F l o o d ” r e q u i r e m e n t s i n c l u d e th e f o l l o w i n g : 11 CO M P R E H E N S I V E P L A N PE R I L O F F L O O D D A T A & A N A L Y S I S Mu l t i p l e d a t a s e t s , w h e n u s e d t o g e t h e r , p r o v i d e u s e f u l i n f o r m a t i o n f o r i d e n t i f y i n g th e j u r i s d i c t i o n ’ s v u l n e r a b l e a r e a s , l o c a t i o n s a n d f a c i l i t i e s . 12 Da t a a n d a n a l y s i s i s u s e d t o d e f i n e v u l n e r a b l e a r e a s . Ob j e c t i v e 2 . 1 : T h e c o a s t a l s t o r m a r e a s h a l l i n c l u d e t h e f o l l o w i n g ar e a s : • Th e C o a s t a l H i g h H a z a r d A r e a ( C H H A ) a n d • Ar e a s o f t h e c i t y p r o j e c t e d t o b e i n u n d a t e d b y s e a -le v e l r i s e a s ea r l y a s t h e y e a r 2 0 4 0 a n d t h r o u g h 2 1 0 0 b a s e d o n m a p s de v e l o p e d b y t h e C i t y u s i n g t h e U n i v e r s i t y o f F l o r i d a G e o P l a n Ce n t e r S e a L e v e l S c e n a r i o S k e t c h P l a n n i n g T o o l . Ex a m p l e : T i t u s v i l l e Th e C i t y u s e d s p e c i f i c d a t a t a k e n f r o m p r o f e s s i o n a l l y ac c e p t e d s o u r c e s t o d e f i n e a r e a s o f c o n c e r n . 13 PE R I L O F F L O O D D A T A & A N A L Y S I S 14 WH Y A N D H O W T O U S E T H E S E T O O L S • Ev a l u a t e S L R s c e n a r i o s a n d i m p a c t s t o a s s e t s / p o p u l a t i o n s o v e r t i m e . • Id e n t i f y a b r o a d t i m e l i n e f o r t i p p i n g p o i n t s ( w h e n d o S L R i m p a c t s g e t re a l l y b a d ? ) . • Ma t c h t i m i n g o f i m p a c t s w i t h p l a n n i n g h o r i z o n s . • En g a g e c o m m u n i t y i n d i s c u s s i o n . • Ut i l i z e i n f o r m a t i o n t o p r i o r i t i z e t r a n s p o r t a t i o n i m p r o v e m e n t s . • An a l y z e e v a c u a t i o n r o u t e s f o r s u s c e p t i b i l i t y t o p e r m a n e n t i n u n d a t i o n . • Us e b a s e G I S l a y e r s o f i n u n d a t i o n f o r c o m m u n i t y v u l n e r a b i l i t y as s e s s m e n t s . Ta r g e t A u d i e n c e / U s e r s MP O s , R P C s , c o u n t i e s a n d m u n i c i p a l i t i e s d o i n g r e g i o n a l l e v e l co m m u n i t y r e s i l i e n c e p l a n n i n g . Fr o m : T r a i n t h e T r a i n e r s , S F R P C , C o a s t a l R e s i l i e n c y I n i t i a t i v e G r a n t , D E P , 2 0 1 5 Go a l s , O b j e c t i v e s , P o l i c i e s ( G O P s ) a n d M a p s W h i l e d e v e l o p i n g c o m m u n i t y f l o o d p r o t e c t i o n p l a n n i n g s t r a t e g i e s , G O P s a n d ma p s o f t e n f i t i n t o o n e o f t h e s e f i v e a p p r o a c h e s : 1. Pr o c e d u r a l - Ou t r e a c h a n d e d u c a t i o n , r e a l e s t a t e d i s c l o s u r e . 1. Pr o t e c t i o n - “H a r d " a n d " s o f t " s t r u c t u r a l l y d e f e n s i v e m e a s u r e s . 2. Ac c o m m o d a t i o n - Al t e r i n g t h e d e s i g n a n d u s e o f s t r u c t u r e s t o h a n d l e fl o o d i n g . 3. St r a t e g i c R e l o c a t i o n - In c r e m e n t a l r e l o c a t i o n d e v e l o p m e n t t o s a f e r ar e a s . 4. Av o i d a n c e - Di r e c t i n g n e w d e v e l o p m e n t a w a y f r o m v u l n e r a b l e a r e a s . RE D E V E L O P M E N T C O M P O N E N T 15 RE D E V E L O P M E N T C O M P O N E N T GO P s a n d m a p p i n g c a n d i r e c t t h e e l i m i n a t i o n o f i n a p p r o p r i a t e a n d u n s a f e de v e l o p m e n t w h e n o p p o r t u n i t i e s a r i s e . O p p o r t u n i t i e s m a y i n c l u d e : • Th e l o c a l p l a n n i n g a g e n c y a n d l a n d d e v e l o p m e n t c o d e r e v i e w co m m i t t e e s . • Co m p r e h e n s i v e p l a n a m e n d m e n t s . • Co m p r e h e n s i v e P l a n , E v a l u a t i o n a n d A p p r a i s a l R e v i e w u p d a t e s . • In f r a s t r u c t u r e p r o j e c t p r o p o s a l s a n d c a p i t a l i m p r o v e m e n t bu d g e t i n g . • Gr a n t p r o p o s a l s a n d m i t i g a t i v e f u n d i n g s o u r c e s ( e . g . , B P O i l fu n d s ) . • Po s t -di s a s t e r r e d e v e l o p m e n t f u n d i n g a n d a c t i o n s . • Th e l o c a l m i t i g a t i o n s t r a t e g y ( L M S ) p l a n p a r t i c i p a t i o n a n d p l a n up d a t e s . 16 Ex a m p l e : B o y n t o n B e a c h Po l i c y 7 . 7 . 3 “T h e f l o o d p l a i n a d m i n i s t r a t o r / b u i l d i n g o f f i c i a l s h a l l r e v i e w a l l pe r m i t a p p l i c a t i o n s t o d e t e r m i n e w h e t h e r p r o p o s e d d e v e l o p m e n t s i t e s w i l l b e re a s o n a b l y s a f e f r o m f l o o d i n g . I f a p r o p o s e d d e v e l o p m e n t s i t e i s i n a f l o o d ha z a r d a r e a , a l l s i t e d e v e l o p m e n t a c t i v i t i e s , … a l l n e w c o n s t r u c t i o n a n d su b s t a n t i a l i m p r o v e m e n t s s h a l l b e d e s i g n e d a n d c o n s t r u c t e d w i t h m e t h o d s , pr a c t i c e s a n d m a t e r i a l s t h a t m i n i m i z e f l o o d d a m a g e a n d t h a t a r e i n ac c o r d a n c e w i t h t h e C i t y F l o o d P r e v e n t i o n C o d e . ” 17 RE D E V E L O P M E N T C O M P O N E N T Po l i c y 2 . 1 . 2 : “T h e C i t y s h a l l p r o h i b i t t h e l o c a t i o n o f n e w h o s p i t a l s , n u r s i n g ho m e s a n d a s s i s t e d l i v i n g f a c i l i t i e s i n t h e C o a s t a l S t o r m A r e a a n d t h e a r e a in u n d a t e d b y a C a t e g o r y 2 h u r r i c a n e a s d e p i c t e d b y t h e S L O S H m o d e l , a s re f l e c t e d i n t h e S e a L e v e l R i s e V u l n e r a b i l i t y A s s e s s m e n t p r e p a r e d b y t h e Ea s t C e n t r a l F l o r i d a R e g i o n a l P l a n n i n g C o u n c i l . ” Ex a m p l e : T i t u s v i l l e 18 RE D E V E L O P M E N T C O M P O N E N T DE V E L O P M E N T T E C H N I Q U E S & B E S T P R A C T I C E S Ob j e c t i v e a n d P o l i c y S e t : T i t u s v i l l e E x a m p l e Ob j e c t i v e 3 . 2 : T h e C i t y ' s s h o r e l i n e i n c l u d e s n a t u r a l r e s o u r c e s w h i c h s h a l l be p r e s e r v e d f r o m e n c r o a c h m e n t a n d d e v e l o p m e n t . Po l i c y 3 . 2 . 2 : T h e C i t y s h a l l m i n i m i z e t h e d i s t u r b a n c e o f n a t u r a l sh o r e l i n e s , w h i c h p r o v i d e s t a b i l i z a t i o n a n d p r o t e c t l a n d w a r d a r e a s f r o m st o r m i m p a c t s , w h e r e f e a s i b l e . Po l i c y 3 . 2 . 4 : T h e C i t y w i l l m a i n t a i n s h o r e l i n e p r o t e c t i o n a n d e r o s i o n co n t r o l b y : • Fa c i l i t a t i n g t h e i n s t a l l a t i o n a n d m a i n t e n a n c e o f n a t i v e s h o r e l i n e ve g e t a t i o n a l o n g a p p r o p r i a t e a r e a s o f b e a c h a n d • Co n s i d e r i n g h a r d s t r u c t u r e s , s u c h a s s e a w a l l s , o n l y w h e n al t e r n a t i v e o p t i o n s a r e u n a v a i l a b l e . No t e : T h e C i t y i s i d e n t i f y i n g t h e p r e f e r r e d u s e o f n a t u r a l s y s t e m c o m p o n e n t s to f o r m a d e f e n s e a g a i n s t s t o r m i m p a c t s . 19 Th e c o m m u n i t y u s e d F E M A f u n d s f o r b u y o u t s . CI T Y O F P O R T O R A N G E Po s t D i s a s t e r O p p o r t u n i t y - St r a t e g i c R e l o c a t i o n 20 AD A P T A T I O N A C T I O N A R E A ( s ) ( A A A s ) A d e s i g n a t i o n t h a t id e n t i f i e s a n a r e a t h a t ex p e r i e n c e s c o a s t a l fl o o d i n g d u e t o e x t r e m e hi g h t i d e s a n d s t o r m su r g e a n d t h a t i s vu l n e r a b l e t o t h e r e l a t e d im p a c t s o f r i s i n g s e a le v e l s . AA A s a s s i s t w i t h t h e pr i o r i t i z a t i o n o f f u n d i n g f o r in f r a s t r u c t u r e n e e d s a n d ad a p t a t i o n p l a n n i n g . 21 EF F E C T I V E A D A P T A T I O N S T R A T E G I E S 22 1) L a n d -us e r e g u l a t i o n s & b u i l d i n g c o d e s . 2) L i m i t s o n i n s u r a n c e s u b s i d i e s . 3) R e d e s i g n a n d r e t r o f i t t i n g o f s t r u c t u r e s . 4) U p d a t e s f o r d r a i n a g e , f l o o d c o n t r o l , a n d w a t e r s u p p l y i n f r a s t r u c t u r e . 5) I n c r e a s e d c o a s t a l p r o t e c t i o n . Fr o m : T r a i n t h e T r a i n e r s , S F R P C , C o a s t a l R e s i l i e n c y I n i t i a t i v e G r a n t , D E P , 2 0 1 5 AC C O M O D A T I O N A N D P R O T E C T I O N Ph o t o s o u r c e : C i t y o f T a l l a h a s s e e A g r e e n i n f r a s t r u c t u r e a p p r o a c h t u r n s a f l o o d a b l e ar e a i n t o a c o m m u n i t y a s s e t . 23 NF I P C O M M U N I T Y R A T I N G S Y S T E M ( C R S ) 24 CR S c r e d i t s l o w e r f l o o d i n s u r a n c e r a t e s . NO A A ’ s C o a s t a l F l o o d E x p o s u r e M a p p e r i s p a r t i c u l a r l y u s e f u l f o r Fl o o d p l a i n M a n a g e m e n t P l a n n i n g ( A c t i v i t y 5 1 0 ) , E l e m e n t 5 1 2 . a • Cr e d i t f o r m a p p i n g a r e a s o f f u t u r e f l o o d i n g d u e t o s e a l e v e l r i s e • Cr e d i t f o r n o t i f y i n g p r o p e r t y b u y e r s o f s e a l e v e l r i s e • Cr e d i t f o r r e g u l a t o r y m a p b a s e d o n f u t u r e c o n d i t i o n s • Cl a s s 4 r a t i n g o r h i g h e r r e q u i r e s m i n i m i z e d i n c r e a s e s i n f u t u r e f l o o d i n g • Cl a s s 1 r a t i n g r e q u i r e s fl o o d e l e v a t i o n s t h a t r e f l e c t fu t u r e c o n d i t i o n s So u r c e : W . T h o m a s H a w k i n s , U F C o l l e g e o f L a w , 2 0 1 6 ht t p : / / w w w . t b r p c . o r g / o n e b a y / o b w g / 0 6 0 3 1 6 / H a w k i n s _ U F _ C R S _ C l i m a t e A d a p t _ 0 6 0 3 2 0 1 6 . p d f Av a i l a b l e D a t a a n d M a p p i n g R e s o u r c e s : • NO A A C o a s t a l F l o o d E x p o s u r e M a p p e r ht t p s : / / c o a s t . n o a a . g o v / d i g i t a l c o a s t / t o o l s / f l o o d -ex p o s u r e • NO A A , S e a L e v e l R i s e V i e w e r ht t p s : / / c o a s t . n o a a . g o v / d i g i t a l c o a s t / t o o l s / s l r • NO A A S e a L e v e l R i s e D a t a D o w n l o a d ht t p s : / / c o a s t . n o a a . g o v / s l r d a t a / • UF G e o P l a n C e n t e r , S e a L e v e l S c e n a r i o S k e t c h P l a n n i n g T o o l ht t p : / / s l s . g e o p l a n . u f l . e d u • Cl i m a t e C e n t r a l ht t p : / / w w w . c l i m a t e c e n t r a l . o r g / • Fl o r i d a D i v i s i o n o f E m e r g e n c y M a n a g e m e n t ( D E M ) R e g i o n a l E v a c u a t i o n St u d i e s ht t p s : / / w w w . f l o r i d a d i s a s t e r . o r g / r e s • Fl o r i d a D E M S t o r m S u r g e Z o n e A t l a s e s ht t p s : / / w w w . f l o r i d a d i s a s t e r . o r g / p l a n p r e p a r e / d i s a s t e r -pr e p a r e d n e s s -ma p s / 25 PE R I L O F F L O O D D A T A & A N A L Y S I S QU E S T I O N S 26 Th a n k Y o u . CO N T A C T If y o u h a v e q u e s t i o n s o r c o m m e n t s a b o u t t h i s p r e s e n t a t i o n o r ne e d t o d i s c u s s a f u t u r e p r o j e c t , p l e a s e c o n t a c t m e . Dr . B a r b a r a L e n c z e w s k i , A I C P Bu r e a u o f C o m m u n i t y P l a n n i n g & G r o w t h Ba r b a r a . L e n c z e w s k i @ d e o . m y f l o r i d a . c o m Ph o n e : 8 5 0 -71 7 -85 0 2 27 Exhibit D Exhibit E Ex h i b i t F US A r m y C o r p s o f E n g i n e e r s Se a L e v e l R i s e P r o j e c t i o n N O A A S e a L e v e l R i s e P r o j e c t i o n Ex h i b i t G Ex h i b i t H City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 1 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral Comprehensive Plan Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 2 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 3 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 4 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI GOAL CM-1 Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. , 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, or and enhance the two 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. The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone, including, as appropriate, wetlands, water quality, water quantity, wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas, beach preservation and tree protection. POLICY CM-1.1.2 The City shall pProvide for development which 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 The City shall continue to wWork with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment, including, but not limited to, its amenities and aesthetic values. POLICY CM-1.1.4 The City shall workCollaborate with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound data-driven conservation principles, of all living and non-living coastal zone resources. Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 5 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI POLICY CM-1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. POLICY CM-1.1.65 In cooperation with state and federal regulatory agencies and private developers, the City shall 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-1.1.76 Consider interagency regulatory guidance, control invasive, non-native, or otherwise environmentally destructive plants in the coastal zone. The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone, including the following noxious species: Causarina cunninghamians (Beefwood) Causarina glauca (Scaley-bark Beefwood) Causarina equisetifolia (Australian Pine) Dioscorea bulbifera (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) Rincinus communis (Castor Bean) Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) 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. Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 6 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. POLICY CM 1.1.12 The code of ordinances will require proposed new and redevelopment projects to have compatible elevations and mitigation techniques recommended by the city engineer to reduce the potential risk of flooding from new and redevelopment projects on adjacent properties and rights of way. OBJECTIVE CM-1.2 The City shall take action in an effort to maintain or 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 The City shall work toward limitingLimit 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 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.The City shall enforce its ordinances which minimize man-induced sedimentation, excessive freshwater runoff, and other non-point pollution sources. 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. The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 7 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. 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 Formatted: Font: 14 pt Formatted: Font: 14 pt, Highlight Formatted: Font: 14 pt City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 8 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 9 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 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 Formatted: HEADING5, Left Formatted: Font: 16 pt Formatted: Space Before: 12 pt Formatted: Font: 16 pt, Highlight Formatted: Font: 16 pt Formatted: Font: 16 pt, Highlight Formatted: Font: 16 pt Formatted: Not Highlight City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 10 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. OBJECTIVE CM-1.35 The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water-dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and/or standards. POLICY CM-1.53.1 The City shall eEstablish 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 Formatted: Not Highlight Formatted: Not Highlight Formatted: Normal City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 11 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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-1.35.2 The City shall rReview, update (if necessary), and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks; and land use; and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports--all with the underlying rationale of reducing the exposure of human life and property to natural hazards.. POLICY CM-1.53.3 The City shall aAdopt 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-1.46 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-1.46.1 The City shall cClosely 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. POLICY CM-1.46.2 In areas where beaches and dunes are being eroded, the City shall encourage and support a multi- jurisdictional approach to stabilization and restoration projects, preferably utilizingprioritizing native vegetation as the stabilizing medium. POLICY CM-1.46.3 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 12 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI The City shall continue to eEnforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. POLICY CM-1.46.4 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-1.46.5: The City shall continue to pProhibit motorized vehicles from operating on the dune system, except in public safety and emergency situations. POLICY CM-1.46.6 The City should continue to work 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-1.57 The City shall limit public expenditures that subsidize development permitted in coastal high- hazard areasCHHAs, 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-1.57.1 The City shall iIncorporate a provision to implement the above Objective limiting public expenditures on infrastructure in the CHHA in its Land Development Regulations. OBJECTIVE CM-1.6 BECAME OBJECTIVE CM-1.3 The City shall direct population concentrations away from known or predicted coastal high-hazard areas. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high-hazard area and the degree to which the following Policy is implemented. POLICY CM-1.6.1 Formatted: Highlight City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 13 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high-hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE CM-1.7 (NOW OBJECTIVE CM-1.4) The City shall work toward reducing its local hurricane evacuation times based upon the Brevard County’s Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. POLICY CM-1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. POLICY CM-1.7.2 The City shall maintain and update, as required, its list of persons requiring help during evacuation. POLICY CM-1.7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. POLICY CM-1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. OBJECTIVE CM-1.8 By 2027, Tthe 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.which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post-disaster redevelopment plan plus the degree to which the following Policies are implemented. POLICY CM-1.8.1 The City shall eEstablish a mechanism and procedures for obtaining meaningful input on this matter from affected property-owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the Formatted: Highlight City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 14 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI preparation of the post-disaster redevelopment plan.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. The City shall use the following as the guiding principle for its post-disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. POLICY CM-1.8.3 Minimize cumulative repetitive loss via the Code of Ordinances. The City's post-disaster redevelopment plan shall include policies to: distinguish between short- term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures; limit redevelopment in areas of repeated damage; and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. OBJECTIVE CM-1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River 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 The City shall continue to eEncourage public access at the time of development of the areas along the beach. POLICY CM-1.9.3 The City shall enforce Maintain public access to beaches renourished at public expense. POLICY CM-1.9.4 The City shall continue to enforceAbide by the public access requirements of the Coastal Zone Protection Act of 1985. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 15 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI POLICY CM-1.9.5 The City shall pProvide publicly accessible transportation or parkingmulti-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 these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected, preserved, or reused in a sensitive manner and the degree to which the following Policies are implemented. POLICY CM-1.10.1 Conduct an archeological survey to determine historically significant sites in need of protection, to the extent feasible and with relevant partner agencies, as applicable. The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. POLICY CM-1.10.2 As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. POLICY CM-1.10.3 The City shall mMaintain 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 in the coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. POLICY CM-1.11.1 The City shallThe 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 Formatted: Normal, Justified City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 16 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI proposed development and redevelopment, consistent with concurrency management and provisions to mitigate climate-related impacts. water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. 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 other climate-related impacts when identifying projects for inclusion in the Schedule of Capital Improvements. The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. POLICY CM-1.11.3 The City shall assess new or improved infrastructure and redevelopment projects for climate-related impacts, and plan accordingly to ensure long-term functionality. Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. 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. The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St. Johns River Water Management District. POLICY CM-1.12.2 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 17 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. The City will ensure that any stormwater management, aquifer recharge, and water reuse policies and projects are consistent with the Goals of the SJRWMD’s Indian River Lagoon Basin program, including its Comprehensive Conservation Management Plan, to restore and protect the Indian River Lagoon through the enhancement of water quality and natural systems in the basin. POLICY CM-1.12.3 Ensure new regulations to protect water resources are consistent with the SJRWMD environmental resource permitting and consumptive permitting use rules. The City will ensure that any new regulation to protect water resources is consistent with SJRWMD’s environmental resource permitting and consumptive permitting use permitting rules. POLICY CM-1.12.4 The Code of Ordinances will provide incentives for the use of low-impact development (LID) and green stormwater infrastructure (GSI) practices and techniques. The City will promote and encourage the use of low impact development techniques (such as the Florida Water Star℠ program, which is a point based, new home certification program for water- efficient developments, similar to the Federal Energy Star program). OBJECTIVE CM-1.13 The City shall work to reduce or eliminate unsafe and inappropriate development and mitigate the flood risks to existing and planned development in areas of high risk of floodinghigh-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 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. The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 18 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI incorporate building design specifications, engineering solutions, site development techniques and management practices that reduce risk and losses due to flooding. 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. The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise meets or exceed the flood-resistant construction requirements of the Florida Building Code. 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). The City shall require that construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053, F.S., be consistent with Chapter 161, F.S. POLICY CM-1.13.4 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. The City shall continue to participate in and comply with National Flood Insurance Program (NFIP) regulations. 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. The City shall continue to participate in the Community Rating System (CRS) Program, which involves managing and documenting activities that the City performs to gain points under FEMA’ s CRS Program. 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 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 19 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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; (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 Formatted: Font: (Default) Segoe UI Formatted: Left City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 20 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI The City shall cCollaborate with Brevard County to increase regional resilience by sharing technical expertise, participating in annual summits, assessing local vulnerabilities, advancing agreed-upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. POLICY CM-1.14.2 The City shall cCollaborate 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 The City shall cCoordinate 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 The City shall pPromote 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. Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 21 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 22 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI GOAL LU-1 The overall goal for the City of Cape Canaveral forof the future land use element is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximizeamongst all land use categories to support the efficient use of land, accessibility to the circulation systemmulti-modal transportation, resilient infrastructure, and general compatibility among the land uses, and community quality of life. The City adopts a long-term planning horizon of ten twenty years, 20102045. 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 facilities andpublic 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. The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. POLICY LU-1.1.2 The City shall rRequire developers to provide for the local sanitary sewer, reuse, and water systems to serve their developments. POLICY LU-1.1.3 The City shallThe Code of Ordinances will require developers to provide for the followingall on- site infrastructure and their proportionate share of off-site infrastructure improvements for their projects to serve their development and redevelopment, including: drainage and stormwater management, open space, safe and convenient traffic flow, and vehiclemobility and parking. POLICY LU-1.1.4 The City shall aApply its the adopted level-of-service standards to a proposed development and redevelopment before allowing the development to take place. POLICY LU-1.1.5 The City shall rRequire 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. Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: Not Italic Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 23 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. 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 work towardsupport 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: The City shall eEnforce its 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 work towardfacilitate the elimination or reduction of uses inconsistent with the community's character and future land usesincompatible land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveralthe City and the degree to which the following Policies are implemented. POLICY LU-1.3.1 The City shall eEnforce its variousthose 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 The City shall rRequire new development to be compatible with adjacent land uses. Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: +Body (Calibri) Formatted: Normal, Justified Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 24 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. *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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 25 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 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. The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) POLICY LU-1.4.2 Designate and protect identified historically significant properties, to the extent possible, while considering future conditions and economic resources. As historically-significant properties are identified, these shall be designated and protected. POLICY LU-1.4.3 The City shall mMaintain 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 26 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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) The City shall continue to monitor density of developments, especially in the high-hazard areas. 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. The City shall amend the Future Land Use Map to depict the Coastal High Hazard Area. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE 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. POLICY LU-1.6.1 The Code of Ordinances will provide regulatory incentives for the development and redevelopment of infill parcels. The City shall work toward development on infill parcels. POLICY LU-1.6.2 The City shall eEncourage 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 The City shall continue with its policy of requiringRequire developers to provide local sanitary sewer and water lines at the time of development. POLICY LU-1.7.2 Formatted: Font: Not Italic City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 27 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI The City shall continue to cCooperate 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: 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 28 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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; 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 City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 29 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 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) City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 30 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 31 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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.C 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. 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: City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 32 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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 alleviate the impacts of 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. POLICY 1.9.1 Incentivize beautification and redevelopment activities via dedicated funding and program development. In July of 1995, the City identified areas, prepared and adopted in the State Route A1A Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 33 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI CRITERIA: A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage, solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision-making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. POLICY 1.9.2 In 2007 the City of Cape Canaveral prepared a Redevelopment Plan that addressed land use, development regulations, and incentives to promote redevelopment and support creation of a “town center” development. The City shall pursue implementation of the policies under “Land Use Controls” of the Redevelopment Plan. OBJECTIVE LU-1.10 The City shall strive to coordinate with the Brevard County School Board 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. City of Cape Canaveral October 2021July 2024 Comprehensive Plan Goals, Objectives, and Policies Page 34 Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI Formatted: Font: (Default) Segoe UI 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. The City of Cape Canaveral, in conjunction with the School District, shall seek opportunities to co-locate schools with public facilities, such as parks, libraries, and community centers, as the need for these facilities is identified. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING March 18, 2025 AGENDA ITEM SUMMARY · ITEM # _11__ Subject: Monthly Financial Report – January 2025 Department: Administrative Financial Services Summary: See attached monthly report January 2025 Submitting Department Director: Cheryl Puleo Date: 03/10/2025 Attachment(s): Monthly Financial Report – January 2025 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Interim Administrative/Financial Services Director: Cheryl Puleo Date: The City Manager recommends the City Council take the following action(s): Approved by Interim City Manager: John DeLeo Date: CITY OF CAPE CANAVERAL CITY COUNCIL MEETING March 18, 2025 AGENDA ITEM SUMMARY · ITEM # _11__ Subject: Monthly Financial Report – January 2025 Department: Administrative Financial Services Summary: See attached monthly report January 2025 Submitting Department Director: Cheryl Puleo Date: 03/10/2025 Attachment(s): Monthly Financial Report – January 2025 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Interim Administrative/Financial Services Director: Cheryl Puleo Date: The City Manager recommends the City Council take the following action(s): Approved by Interim City Manager: John DeLeo Date: 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: VIA: FROM: DATE: RE: The Honorable Mayor and Members of the City Council John Deleo, Interim City Manager ~ Cheryl Puleo, Acting Finance Director ~ February 25, 2025 Monthly Financial Report -January 2025 Staff is pleased to present the Monthly Fin ancial Report for the period ending Janua ry 3 1, 2025. At this point in the Fiscal Year, the Year-to-Date Actuals shou ld be 33.3% of the total annual budget. Total General Fund Departmental costs are 7.8% below target. Administrative Services is running above target at 36 .1 %. Community Deve lopment/Code Enforcement/Economic Development is under target at 26.3%. Building Department is under target at 21.1 %. Protective Services are above target by 8.2%. Fire Rescue is running above target by 7.5%. Parks Recreation/Community Affairs is 7.3% below target. Non-Departmental expenditures are below budgetary projections by 22.4%. Th e Community Redevelopment Agency (CRA) has incurred $999,655 of expenses for the c urrent Fiscal Year. Wastewater Fund overall costs are under target at 25.9%. The Stormwater Fund is under target cost at 9.6%. Th e City's General Fund :nvestments total $4,872,157.35; Special Revenue investments total $1,6 15,661.3 1; and Enterprise Fund investments total $1,160,933.79 The Grand tota l of all investments is $7,648,752.45. The Annual Rate of Return for each Invest ment is attached. If you have questions or w ish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended January 31, 2025 Revenue (4th month of fiscal year = 33%) Ad Valorem Tax To date, the City has received 82.6% of Ad Valorem revenue. The City saw the first Ad Valorem payment in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October and November and accruals for December and January. This is slightly below target at 31.9%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents accruals for December and January, and some actuals for October to December. These are slightly above target at 37.7%. Permits and Licenses Permits and Licenses are below target at 19.2%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are slightly above target at 34.6%. This amount represents some actuals for October-January, as well as some accruals. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local ½ Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October through December and an accrual for January. These are above target at 40.8%. Recreation Fees (Leisure Services) Recreation Fees are slightly below target at 31.5%. Investment Income Investment Income is below target at 23%. 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 through December and an accrual for January. It is above target at 40.7%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through December and an accrual for January. It is above target at 41.4%. FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 3,763,256 313,605 8.3%1,254,419 Cash Forward - R&R 200,000 - 0.0%66,667 Ad Valorem Taxes 6,307,153 5,210,711 82.6%2,102,384 Local Option Gas Tax 335,550 107,035 31.9%111,850 Franchise Fees 1,058,867 410,405 38.8%352,956 Utility Taxes 1,525,589 532,832 34.9%508,530 Communications Service Tax 438,000 172,462 39.4%146,000 Permits & Licenses 921,008 176,771 19.2%307,003 Federal Grants 285,000 56,292 19.8%95,000 State Grants 75,000 - 0.0%25,000 State Shared Revenue 1,145,454 396,274 34.6%381,818 Local Shared Revenue 225,900 - 0.0%75,300 Charges for Services 47,837 10,376 21.7%15,946 Garbage & Recycling Revenue 1,898,405 775,363 40.8%632,802 Recreation Fees 236,120 74,419 31.5%78,707 Fines & Forfeitures 11,075 3,434 31.0%3,692 Interest Income 365,737 84,074 23.0%121,912 Fire Hydrant Rental Fee 85,637 29,665 34.6%28,546 Miscellaneous Revenue 70,249 60,829 86.6%23,416 PAL Program Revenue 50,000 42,949 85.9%16,667 Transfer from School Guard Crossing Fund 2,100 - 0.0%700 Transfer from CRA Fund 814,173 795,358 97.7%271,391 Transfer from Impact Fees Fund 1,200,000 - 0.0%400,000 Contribution from Wastewater Fund 820,656 364,227 44.4%273,552 Contribution from Stormwater Fund 19,566 6,522 33.3%6,522 TOTAL REVENUES 21,902,332 9,623,604 43.9%7,300,777 EXPENDITURE Legislative 80,945 11,095 13.7%26,982 Administrative Services 737,496 266,125 36.1%245,832 Comm Dev/Code Enf/Econ Development 1,001,787 263,965 26.3%333,929 Protective Services 3,830,808 1,589,845 41.5%1,276,936 Fire / Rescue Services 2,947,237 1,201,380 40.8%982,412 Building 457,139 96,400 21.1%152,380 Infrastructure Maintenance 3,453,155 388,441 11.2%1,151,052 Resiliency Division 418,246 94,924 22.7%139,415 Parks Recreation + Community Affairs 1,832,052 476,924 26.0%610,684 Legal Services 328,481 50,072 15.2%109,494 Solid Waste 1,900,208 615,777 32.4%633,403 Debt Service 815,099 122,899 15.1%271,700 Non-Departmental 3,785,553 411,221 10.9%1,261,851 Contingency 314,126 - 0.0%104,709 TOTAL EXPENDITURES 21,902,332 5,589,068 25.5%7,300,777 Excess of Revenues Over / (Under) Expenditures 4,034,536 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 GENERAL FUND Page 1 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 972 302 31.1%324 Interest Income 300 170 56.7%100 TOTAL REVENUES 1,272 472 37.1%424 EXPENDITURE Education & Training - Contingency 1,272 - 0.0%424 TOTAL EXPENDITURES 1,272 - 0.0%424 Excess of Revenues Over / (Under) Expenditures 472 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 250 0.0%83 TOTAL REVENUES 250 - 0.0%83 EXPENDITURE Contingency 250 0.0%83 TOTAL EXPENDITURES 250 - 0.0%83 Excess of Revenues Over / (Under) Expenditures - FIRE PROTECTION FUND POLICE EDUCATION FUND Page 2 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,100 0.0%700 Parking Fine Surcharge 440 70 15.9%147 TOTAL REVENUES 2,540 70 2.8%847 EXPENDITURE Transfer to General Fund 2,540 0.0%847 Contingency - 0.0%- TOTAL EXPENDITURES 2,540 - 0.0%847 Excess of Revenues Over / (Under) Expenditures 70 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 83,166 68,715 82.6%27,722 Interest Income 8,796 4,873 55.4%2,932 TOTAL REVENUES 91,962 73,588 80.0%30,654 EXPENDITURE Operating Expenses 37,725 28,858 76.5%12,575 Capital Purchases 30,000 3,271 10.9%10,000 Contingency 24,237 - 0.0%8,079 TOTAL EXPENDITURES 91,962 32,129 34.9%30,654 Excess of Revenues Over / (Under) Expenditures 41,459 SCHOOL CROSSING GUARD FUND LIBRARY FUND Page 3 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 500,000 50,000 10.0%166,667 Shared Revenue from Cape Canaveral 1,489,627 - 0.0%496,542 Shared Revenue from Brevard County 1,360,216 1,359,611 100.0%453,405 Interest Income 8,000 3,343 41.8%2,667 Transfer from General Fund 500,000 2,644 0.5%166,667 TOTAL REVENUES 3,857,843 1,415,598 36.7%1,285,948 EXPENDITURE Operating Expenses 105,215 4,424 4.2%35,072 Capital Purchases 2,593,000 156,826 6.0%864,333 Debt Service 858,146 838,405 97.7%286,049 Transfer to General Fund 0 - 100.0%0 Contingency 301,482 0.0%100,494 TOTAL EXPENDITURES 3,857,843 999,655 25.9%1,285,948 Excess of Revenues Over / (Under) Expenditures 415,944 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY Page 4 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200,000 - 0.0%400,000 Interest from Investment - 15,516 100.0%- Impact Fees - Police 38,484 - 0.0%12,828 Impact Fees - Fire/Rescue 6,753 - 0.0%2,251 Impact Fees - Transportation - 0.0%- Impact Fees - Parks/Recreation 45,471 - 0.0%15,157 Impact Fees - General Government 31,713 - 0.0%10,571 Impact Fees - Aerial Fire Truck 19,041 - 0.0%6,347 Impact Fees - Library 24,009 - 0.0%8,003 Transfer in from General Fund - 0.0%- TOTAL REVENUES 1,365,471 15,516 1.1%55,157 EXPENDITURE Transfer to General Fund 1,200,000 Contingency 165,471 0.0%55,157 TOTAL EXPENDITURES 1,365,471 - 0.0%55,157 Excess of Revenues Over / (Under) Expenditures 15,516 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest - State 42 24 57.1%14 Transfer from General Fund 15,728 - 0.0%5,243 TOTAL REVENUES 15,770 24 0.2%5,257 EXPENDITURE School Resource Officer 15,770 - 0.0%5,257 TOTAL EXPENDITURES 15,770 - 0.0%5,257 Excess of Revenues Over / (Under) Expenditures 24 LAW ENFORCEMENT TRUST FUND IMPACT FEES FUND Page 5 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 553,896 - 0.0%184,632 Federal Grant 127,500 - 0.0% 42,500 Utility Operating Income 5,250,000 2,136,241 40.7% 1,750,000 Utility Penalty Income 68,000 29,694 43.7% 22,667 Sewer Assessment Fees 168,730 - 0.0%56,243 Reuse Hook-Up Fees 2,925 - 0.0%975 Reclaimed Water Revenue 91,650 39,478 43.1%30,550 Investment Income 16,800 9,522 56.7%5,600 Sale of Fixed Assets 0 - 0.0%0 Transfer from General Fund 0 945 100.0%0 Transfer from CRA Fund 43,047 43,047 100.0%14,349 SRF Loan Proceeds 1,560,000 595,988 38.2%520,000 Miscellaneous Income 4,500 - 0.0%1,500 Insurance Claims - 0.0%- TOTAL REVENUES 7,887,048 2,854,916 36.2%2,629,016 EXPENDITURE Personal Services 2,140,206 722,396 33.8%713,402 Operating Expenses 1,927,426 529,080 27.5%642,475 Debt Service 764,649 182,496 23.9%254,883 Capital Purchases 2,215,000 244,299 11.0%738,333 Insurance Claims 0.0%- Contribution to General Fund 820,656 364,227 44.4%273,552 Contingency 19,111 0.0%6,370 TOTAL EXPENSES 7,887,048 2,042,498 25.9%2,629,016 Excess of Revenues Over / (Under) Expenses 812,418 WASTEWATER ENTERPRISE FUND Page 6 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2025 FY 2024-2025 JAN 25 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 620,000 0.0% 206,667 Grants 0 0.0% 0 Stormwater Utility Fees 1,104,000 456,843 41.4% 368,000 Miscellaneous Income 0 - 0.0% 0 Investment Income 9,600 7,180 74.8%3,200 Transfer from General Fund 550,600 - 0.0%183,533 TOTAL REVENUES 2,284,200 464,023 20.3%761,400 EXPENDITURE Personal Services 384,479 130,697 34.0%128,160 Operating Expenses 267,684 24,504 9.2%89,228 Capital Purchases 1,561,700 57,287 3.7%520,567 Contribution to General Fund 19,566 6,522 33.3%6,522 Contingency 50,771 0.0%16,924 TOTAL EXPENSES 2,284,200 219,010 9.6%761,400 Excess of Revenues Over / (Under) Expenses 245,013 STORMWATER ENTERPRISE FUND Page 7 of 7 3.62% Interest earned for the month:25,210.99$ General Fund Committed (Constrained by Council) Expansion Recreation 47,411.94 Expansion Police 35,895.61 A1A Replenishment 48,000.00 Capital Equipment Renewal & Replacement 260,503.09 Total Committed 391,810.65$ Assigned - General Fund Emergency Reserve 1,495,349.01$ Unassigned 597,895.54$ Total General Fund SPIA Investments 2,485,055.20$ Florida Safe General Fund Emergency Reserve 1,847,106.64 Florida Safe Note 2021 - Florida Safe ARPA Reserve 539,995.51 Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%:2,387,102.15$ Total General Fund Investments:4,872,157.35$ Special Revenue Funds Restricted (by outside party) Police Education Fund 13,399.72 Library Fund 375,717.81 Impact Fees 1,224,626.39 Law Enforcement Trust Fund 1,917.39 Total Restricted 1,615,661.31$ Total Special Revenue Fund SPIA Investments:1,615,661.31$ Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted 159,325.00 Wastewater Fund Renewal & Replacement 440,162.72 599,487.72$ Stormwater Fund: Stormwater Fund - Unrestricted 250,000.00 Stormwater Fund Renewal & Replacement 311,446.07 561,446.07$ Total Enterprise Fund SPIA Investments:1,160,933.79$ TOTAL SPIA & FLSAFE INVESTMENTS 7,648,752.45$ Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of January 31, 2025 Funds were invested with the State of Florida Division of Treasury, with a rate of return CIP # FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES IM - 6 180,000 - IM - 9 110,000 IM -10 1,480,000 IM - 11 110,000 PRCA - 4 115,000 1,995,000$ -$ FY 24-25 GENERAL FUND CIP GREATER THAN $100,000 BCSO Cape Canaveral Precint Rooftop Solar Array Portable Generator Thurm Boulevard Improvements C5 Energy Storage System Project SUMMARY FEBRUARY 19, 2025 Tennis Court Resurface GENERAL FUND TOTAL GENERAL FUND PARKS RECREATION + COMMUNITY AFFAIRS INFRASTRUCTURE MAINTENANCE CIP # FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES CR - 3 1,550,000 24,217 CR - 6 315,000 CR - 7 100,000 CR - 8 550,000 110,057 2,515,000$ 134,274$ FY 24-25 CRA CIP GREATER THAN $100,000 SUMMARY FEBRUARY 19, 2025 TOTAL CRA Nancy Hanson Rec Center Maintenance Canaveral City Park Concession Stand Presidential Streets Oak Lane Improvements CRA FUND CIP # FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES WW - 14 100,000 WW - 16 100,000 14,152 WW - 17 1,560,000 45,000 WW - 18 170,000 1,930,000$ 59,152$ FY 24-25 WASTEWATER CIP GREATER THAN $100,000 SUMMARY FEBRUARY 19, 2025 TOTAL WASTEWATER ENTERPRISE FUND Resilience Operations + Utility V2X Energy Backup System Pump Enclosure Structures Blower Pipe for Effluent Transfer Sanitary Collection/Transmission System Eval. Prog. WASTEWATER ENTERPRISE FUND CIP # FY 2024-25 BUDGET FY 2024-25 ACTUAL DIRECTOR NOTES SW - 3 120,500 SW - 6 300,000 13,150 SW - 7 600,000 1,618 SW - 8 160,000 SW - 9 280,000 SW-10 101,200 - 1,561,700$ 14,768$ TOTAL STORMWATER ENTERPRISE FUND FY 24-25 STORMWATER CIP GREATER THAN $100,000 Stormwater Improvement Projects Long Point Stormwater Retention Portable SW Pump Thurm Boulevard Improvements Oak Lane Improvements Harbor Heights Stormwater Pipe Replacement STORMWATER ENTERPRISE FUND SUMMARY FEBRUARY 19, 2025