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Home My WebLink AboutP & Z Packet 5-9-07 City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE MAY 9,2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: April 25, 2007. 2. Review & Recommendation to City Council Re: Fin;::!1 RAnl;::!f ()f . ...-.. "'.....,,.....--..-. Laws Townhomes, 109 & 111 Lincoln Avenue, Section 23, Township 24 South, Range 37 East, Block 69, Replat of Lots 5 & 6, Avon by the Sea Subdivision - Thomas Laws, Applicant. 3. Review & Recommendation to City Council Re: Final Replat of Beach Breeze, Section 14, Township 24 South, Range 37 East, Block 77, Replat of Lot 6 - Stacey Shoemaker, Applicant. 4. Discussion Re: Evaluation and Appraisal Report, Sections 4 & 5 - Todd Peetz, City Planner. 5. Discussion ke: Reguiation of Resort Dwelling Units - Kate Latorre, Assistant City Attorney. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement andlor Community Appearance Board who mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape e email: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES APRIL 25, 2007 A Regular Meeting of the Planning & Zoning Board was held on April 25, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Robert Haag Mayor Pro Tern Kate Latorre A~~i~t::lnt r.ihl Att()rnA\I . .--.---... ~"J . ...~., '~J Todd Peetz City Planner Duree Alexander Recording Secretary NEW BUSINESS -f Approval of Meetinq Minutes: April 11 ,2007. ! ~ Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of April 11 ,2007. Vote on the motion carried unanimously. 2. Recommendation to the City Council Re: Proposed Chronic Nuisance Ordinance and Code Enforcement Citation Code - Todd Peetz, City Planner. Todd Peetz, City Planner, presented an overview of the proposed Chronic Nuisance Ordinance and Code Enforcement Citation code. It was questioned if the City Code Enforcement Officer had ever written any citations. Duree Alexander, Code Enforcement Officer, responded that citations have been issued for work without permits, and to unlicensed contractors. Kate Latorre, Assistant City Attorney, advised that the citations will be revised in compliance with the new ordinance. John Fredrickson questioned if the Sheriff's Dept. knew that they will be working closer with City code enforcement. Kate Latorre responded that mAAtinf1C: 'Mill hA hAlrl tn rliC:f'IIC:C: iC:C:llAC: 'Mith thA ~hA,.iff'" r1on.."rl..,..,onf ....nrl ("if" ...""'"'"'.............~v...lI. _..... II"....... .._ ......0_'-"__ IV..........."'.;"" ........... ","v '-'11'-'1111...:1 u'""'pU....IJvll\. OIIU '--"'11.1 staff. Planning & Zoning Board Meeting Minutes April 25, 2007 Page 2 Bea McNeely questioned if the citations would be in lieu of the Code Enforcement Board. The Board members reviewed and discussed the proposed Ordinance. Questions and concerns were raised regarding: who would be the enforcement authority, and would they be properly trained; would the City budget be adjusted for the additional staff to enforce the program; would standards be established for number of violation(s); public intoxication; noise violations; nuisances such as arson; and loitering. Kate Latorre, Assistant City Attorney, explained that by the ordinance listing violations, it would allow the Sheriff's dept. to enforce repeat crimes. The Board agreed that loitering should be included in the list of offenses. By unanimous consensus, the Board members agreed to end the discussion. 3. Discussion Re: Evaluation and Appraisal Report Process - Todd Peetz, City Planner. Todd Peetz, City Planner, provided an overview of the Evaluation and Appraisal Report, along with a step by step explanation of how the Comprehensive Plan will work, and an outline of the process. Discussion followed. 4. Discussion Re: Existinq Land Use and Zoninq Maps - Todd Peetz, City Planner. Todd Peetz, City Planner, presented a copy of the maps to the Board members. Discussion followed regarding the Board's desire to have larger print on the street names. OPEN DISCUSSION Harry Pearson advised that the City agreed to send him to the Florida Planning & Zoning Conference and offered to share any information he collects. Kate Latorre, City Planner, reported on the status of the short-term rental ordinance. Harry Pearson advised that Coastal Fuels is going to the Board of Adjustment with an appeal. Kate Latorre, Assistant City Attorney, explained that the Building Official's decision is being appealed. She noted that the Board of Adjustment ,",",""4-ing :~ ~"h"d' 'I~...J fM f. n".. 1 AtL.. IIleel 1 I;:) ;:)l-III:: U I::U VI Vlcty V". There being no further business the meeting was adjourned at 9:40 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning & Zoning Meeting Date: 5/9/07 AGENDA Heading Final Replat Item #2 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Laws Townhomes Final Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed fmal replat for Laws Townhomes. Summary Explanation & Background: This request is for a fmal replat of lot 5, block 69, Avon~by~the-sea, east of North Atlantic (AlA) and south side of Lincoln i'.ve. I Exbibits Attached: I I I I , I 1) Application by applicant 2) Site report by staff 3) Staff review comments I 4) The Final Replat drawing Building Official's Office Department --~,-_._"'-,- ~-~~.~" '"~~'~-~~-~"'~'~-_'_----'-_"~~~---~------~~"^,~ -----,-,~,~..,~.,._--, .....- -~=~.--_.~.===~~-~.~~~.~"~_.~~ ~./~ 5i ~~ CO . .' APPLICA TION FOR PLAT REVIEW DATE OF SUBiYrrTTAL: . Y- 9,' - tV I (NOTE: SUBiYrrTT AL IVIUST BE SUB1\1ITTED A IVlThThlliM OF 30 DAYS PRIOR TO THE PLA1\1\TJN'G & ZONJNG IYfEETlNG; PLAT IVmST IYIEET THE REQUJRENIENTS - OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELItYDNARY PLAT, RE-PLAT,~F1NAL P~ . . '--= ~'10lJNT OF FlLIl'\G FEE PAID: $ . 37... SU. fu'rIOUNT OF EKGNEERlNG DEPOSIT PAID: S .7 '(J 0 . o~ DID. ~~Y:1:RP..c:Q1'NTX,gEOGRAJ?I1IC RESEARCH DIVISION APPROVE.THE REQlTEST FOR STREET NM,"'ffi, IF APPLICABLE? C~OTE: THIS l'i'EEDS TO BE DON'E-PRIOR TO SUB;\llTTAL). YES _ NO ~ N.A. ~ PR OIEeT N }'iY.fE: .l-AJ,I\J ~ lZl u.-:.J,J ,tt"O N\E3'.s PROJECT ADDRESS: \09 \,. \ \ \ L-L-NcaLrv '-1\.\./6 . C-A Pe-- CY\..u.'A-v~~ .J LEGALDESCRIPTION:5R(T L~ -"-\;0f'Z,-\ 'A/JOt 3,"7 B1ctJ:=' ," ..J O\"Yi'i-:ER(S) NA.."Y1E: ~n-\i:l ^^MS --4 t..J ANc y lv~ \.J..J~ \ OYYN""ER(S) P.JJDRESS: LtkD 2~,/L A<Je.. -S;>A-te.\\\~ ~~tL, ~ I 5) 9 J /' I PROJECT ARcmTECT/E1,{G~-EER: 6EI\: \-\ 1\f\A.pP:::tN r; PRO~~ NO. OF ARCmTECTIE.~G]]\tEER: 32\ - -7 ~ - \.+. 1/1 ;' ~. )~. . APPLICk'/T(S) SIGNA TIJRE: (. ~B-..J.' --. ~~~---:----- o Vi~"ERJ AGENT . II . - . "v-o lL l. 1\l)!\'1~ . PRO:NE. NUM:BER 0 F O\VNER/ A GE~1:-3~-~~~7-+.q..~--~r-~,-----73-e~-5-:b-:ttf-?.------------.-------- -- - J ! '-- ~ l .q 't ~ L-L L L '--' L L-f.l.L-.L L-.fl.1. vn v LL\.L1.L PRELIMINARY PLAT, REPLAT & FINAL PLAT RECEIPT Project Name: UJJJ)S 1(Xtn~ Of1l0J RESIDENTIAL: \/ 1~ 3 Residential Units .............................................TOTA~ ~ Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCIAL: m...., 1"""1"\. r,., ..... ... ::Pl-:JU per acre or lana, or portion thereot. Acres X $150 TOTAL:...... .........$ SITE PLAN EXTENSION: ...... ...... ............. ......................... TOTAL:......... .......$150.00 SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$ ------~~~~------------------------------------------------- ----------------------------------------------------------- DEPOSIT TO\N ARDS REVIE\V FEES: RESIDENTIAL: 1 .. 4 Units ...............c:rf~ Over 4 Units.................. r ._0 rnl\/fl\/fPRrT AT.. T Tn fA Li ^ ""1"0'" <121 i::nn nn __..LT......Ll'....~....'-_.....L. .J..~. '-'.t" r...v ---::J: .L-.1.\...,J,.\,;..o..................r.v...L,-...Juv.VV Over 4 up to 8 Acres.....$2,OOO.00 Over 8 Acres..................$3,00O.OO Total Acres: Office Use Only: Escrow Account # 1-202.2400 ----------------------------------------------------------- ----------------------------------------------------------- . ...- - ---~ TOTAL REVIEW DEPOSIT RECEIVED: $:S ) , 8 U T9TAL SITE PLAN SUBMITTAL FEE RECEIVED: $1 00,- PAID RECEIPT NO. DATE RECV'D ~- - ~. .- _0. _ _ c/ tt- Y j'2J"~ City of Cape Canaveral Final Plat Laws Townhomes Applicant: Thomas A and Nancy D. Laws Location: Section 23, Township 24 South, Range 37 East Proposed Amendment Acreage: 0.175 +1- Acres Permitted 15 DU per acre: 2.6 Proposed Number of Units: 2 Proposed Density: 11.4 DUlAC Current Future Land Use: C-1 Commercial Current Zoning: C-l Commercial Description: The applicant proposes to build two, 2-story, townhome units on a 0.175 acre lot. The subject site is located south of Lincoln LA~venue, east of i\stronaut Boulevard (AlA) A venue and west of Poinsetta A venue. North South East West I zoning I ~- ~ ~ommerc~a~ I C-I Commercial I C-I commercial I c-l commercial I I ~ ~, I ~ ~ ~ . . 1 C-l Commercial I C~ 1 Commercial I I l~omp nan I C-! commerCIa! J C~ I CommerCial Existing Commercial / Multi Family Iv1 ulti F amil y Commercial Conditions Multi Family Residential Residential Residential / Lincoln Avenue Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. 4~ elJ LJ/ AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The proposed development would access Lincoln Avenue which links to Astronaut Boulevard (AlA). The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons per day. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. However, there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River \Vatcr Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be around 5 persons. @ Page 1 of 1 - - - Bue r ~ ..~Ij ! a.o1z 1 I 3 I I 1 4 6 I 'M(/) · '~m --t-- I I -f I I 11 13 14115!16~ 9.01 i , 9 I I i I . I I I ~ - LlNca > I TT --I n~ 3 1 13 \~ I I . I ! [--Ii 10 11 5.01 9 \111121 I~ 9 I i -l ' I PAL~S Ar-T I_I I I I I 4 I 7 'I llh1~D ~ (j) ~) http://www.brevardpropertyappraiser.com/scripts/esrimap. dll ?name= Brevard 1 &id=2007 050... 5/2/2007 Page 1 of 1 '-I & http://www.brevardpropertyappraiser.comlscripts/ esrirnap.dll ?narne= Brevard 1 &id=2007 05 0... 5/2/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: April 12, 2007 Re: Laws Townhomes Final Replat . I have reviewed the Laws Townhomes Final Replat and have no concerns at this time If you have any questions, or need further information please feel free to contact me at 407-629-8880. ~ @ SSA April 19, 2007 Mr. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Final Plat Review - Laws Townhomes - Review #1 SSA Job No. 95-0208, Task 050-1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said piat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, D~\;<:)~ David Roy Jones, PSM {"'\.h;e-F 8' U-\./8\.1I'"'\."" VIII I UI V YUI DRJ:jls CC: Susan L. Chapman City Engineer's Review Fee For Review #1 - $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, i=nnincorinn I=coc.-- ft"\r ~1I rO\liCll1C' ~HC'.Ir ')nd rO\fiOllf i.,ill ho hillcrl ".:1t ct:a.c.::: nn nor hl"'lllr \ 1-11~"IVVI111~ t vvv IVI Ulf I VY ,..... ,'v '-A1\.VI '- IVVlV", 'fIll UV UIIIV~ UI. \VV-v.VV IoJVI lIVVlI. I ~. . . ~ sr01TLER t:,iAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. (f) . 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Borida 32920 Tel 321-783-1320 Fax 321-783-7065 u:~oan sottoriva\ciIJil\projects\cape\l-laws lownhomes final pIa! reviewl1.~oc#MCOOO329 #EBOOO0762 #LBOOO6700 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: April 12, 2007 RE: Laws Townhomes Re- Plat The Public Works Department has reviewed the Re-Plat orthe above stated project and have on further comment: GJ Page 1 of 1 Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Monday, Apri/23, 2007 9:15 AM To: Todd Peetz Subject: Re:Laws Townhomes (Final Replat) Todd, We have reviewed the replat and have no comment at this time. 5/1/2007 Meeting Type: Planning & Zoning Meeting Date: 5/09/07 AGENDA Heading Final Replat Item #3 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANA VERAL SUBJECT: Beach Breeze Final Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed fmal replat for Beach Breeze. I Summary Explanation & Backgroond: I This request is for a final replat of tract 6 of Section 14, Township 24 south Range 35 East, Chandler Park Subdivision. The replat is located on the west side of Ridgewood Avenue north of Washington A venue. i Exhibits Attached: I I I ! I 1) Application by applicant 2) Site report by staff 3) Staff review comments I I 4) The final replat drawing Building Official's Office Department ~1t4~ 3 . ~ . . .' - APPLICA TION FOR PLAT REVIEW - - --- DATE OF SUBiYilTTAL: ~/g~)bJ , (NOTE: SUBrvilTTAL !\truST BE SUBMlTTED A l\-1INThIUM OF 30 DAYS PRIOR TO TIm PLA1\Tj\WG & ZONING l\-1EETING; PLAT lYfUST lYIEET THE REQ1JIRElVIENTS OF SECTION 98-41 THROUGH 98-62). IS TIns A PRELThDNARY PLAT, RE-PLAT, ORFlNAL PLAT? Fend A:."\10lJNT OF FllJ},;-G FEE PAID: $ . 3-L.S[) , Al\10UNT OFEKGNEERlNG DEPOSIT PAID: S . 10 () DID:I?gg:y~~. .c::Q1'NIX, ~EQGRAPHIC. RESEARCH DIVISION.APPROVE THE..... ..... . "...._..,-.. .--...- REQTJ~ST FOR STREET NM,,'IE, IF APPLICA~LE?, C'iOTE: ~ N"EEDS TO BE DOi'<"E PRIOR TO SUB;\1ITTAL). YES _ NO _ N.A. .' PROJECT NA 7v1E: ''1< "-U p f. . J., - /'" ~ .~. 2- .e- o L-.J'--- ~_L..... "" L..J 1 L <.,. " _ PROJECT ADDRESS: 0- 'J -, '7 -U'd . , Avv ct o -:::> L. .:":>. r\l _ 5 R- IvJ OJ) d LFGA T ,DESCRIPTION: <ee SLcb fY"--l' t}-t..J ~ (' l-c. 1')10.. v'\ ..-'l . O\Yl'i"ER(S) NA:.v1E: C' t- L. <2 hD eMCLhr . ,) - o....cl) '----' i\ A O\YN'"ER(S) ADDRESS: \'7 L ...-\ (J LA i .~ /' . A-It! , . i ~ i' . """'-...-'"-l( '.J"-'~l::c,!}r, I ..~ f __.L_ PROJECT ARCHITECT/E1'iGE',"EER: '~(J (}-L-f,... lev\. Lff"~~ ~ \:)iLV've 51 t\?) PHO~'"E NO. OF ARCHITECTIE..'\'GTh"EER: 3.2 I - ~(fs 5-;-" L/ /7'l-l ,. < ), j) 1.fJ ~ APPLICA1.'iT(S) SIGNA TUBE: X)^ )<j '-T\ rte. JlL' . . . ~AGEN~._ PH O~~ NUMJ3ER 0 F OWN"ERJ A GE~1:~----~-~.---.5~p-I-.-r--a.fp.f:j.~;..-t.j~0.7---.._.~-~~-_..---'-~._-----~--- . . ",<.I J.' [jJ v .J.v ,- v . ~\ (])I '-'.L.L.L 'L'.L ~.L.LL.LJ '-'I1.L V.L.l. V L.L'\.I1L PRELIMINARY PLAT,(REPLAi6N~LPLAT RECEIPT ~ ~ Project Name: <""E eo... L~ .~ r e eZ:.- e- RESIDENTIAL: 0/ 1,2 & 3 Residential Units .............................................TOTAL: ~ Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOT AL:...............$ SITE PLAN EXTENSION: ............ ........... ... ............ .... .... .... TOTAL: ...... ... .......$150.00 SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$. ---------------------------~~=~---------------------------- ----------------------------------------------------------- DEPOSIT TOVV ARDS REVIEW FEES: RESIDENTIAL: 1 - 4 Units ....................($ZOO.QQ> Over 4 Units.................. $1,500.00 ri\1\ Kfi. A'""T""':T),-'T A T _ T Tn tn.4. · rrps 4:1 "nn on L U 1 Y 11 Y l.Dl." Ll...M..L; - r ...- -- ...1-\..-.......- ~.....................y.."..L.'VVV. V Over 4 up to 8 Acres.....$2,OOO.OO Over 8 Acres..................$3;OOO.OO ? < Total Acres: ,-" .Lf-3 Office Use Only: Escrow Account # 1~202.2400 ----------------------------------------------------------- ----------------------------------------------------------- TOTAL REVIEW DEPOSIT RECEIVED: $/00 j 00 TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ 31,50 PAID RECEIPT NO. DATE RECVD o. ! ".: ~ ""\ I i \ \ Co (}) ~! City of Cape Canaveral Beach Breeze Final Replat Applicant: S. L. Shoemaker Location: Section 14, Township 24 South, Range 37 East Proposed Amendment Acreage: 0.628 +1- Acres Permitted 15 DU per acre: 15 units maximum whole site Proposed Number of Units: NI A (2 lots shown) Maximum Potential Density: 9 DUlAC Current Future Land Use: R-2 Residential Current Zoning: "0_ ') "O"""rl".,t,,,l ..J..'--"-' J."-v.JJ.Uv.llLlUl Description: The applicant proposes a replat of a lot located at 8323 Ridge\vood A venue, Parcel t~o. 24- 37 -14- 77 -00006.0-0000.00. The replat will result in two lots created out of the existing one, both with frontage onto Ridgewood A venue. The subject site is located north of Washington Avenue and west of and adjacent to Ridgewood Avenue. I I lo.l~.....L I C'l ___""-L I~ ! ...-TY I I !l'iUIUl I .::>OUlil I t:ast I \tv est I I 7 ^"~-Y'l(T D :j U......"..:;L...........:,.,.l I n..:..1________.-1 ~...... n .. 1 " i I P -J P""Cl;,.-J":U-",+1....1 I 1:<.-L Kesmennal I I L...v..l..lu'~5 ! 1.'\..-k .l'\..\.>.:HUv.l.lLl'U I .l'\... - '" .l'\..C;;~lU(;l1L1a.l I RIUgt;;WUUu Avenue / R.3 Residential Comp Plan PUB PUB Ridgewood PUB Avenue / PUB I Existing Public School I Public School I Riop-~w()no I Public School I I Conditi~ns I I I A;e~~e / .Public Park Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is two (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,534. There is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level Q) of Service "A" with 325 excess trips. If developed completely as residential, the site could generate 5 to 6 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The Level of Service for wastewater capacity is 118 gallons per capita per day. At 2.35 persons per household, X's the proposed two households, X's 118; the projected demand is approximately 555 gallons per day of wastewater. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The Level of Service for potable water is 264 gallons per household per day. The projected demand is 528 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston-Urban Land Complex (GA) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. The water table generally is below a depth of 60 inches; it is between 40 and 60 inches for short periods during the raining season. There appear to be no wetlands on site. WetIand dete1111inations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and ~t\.rcha€o!ogical Resources in .L4..mendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.35 persons. The two units will probably accommodate four to five new persons. &) ,-Y\ <! -' J Page 1 of 1 ~I 12.02 1 ' 10m 111 1',;7 ~ ".'1 CHANDLER ~>T ] / 9.61 ,<' /"-"., 8 ! , 14 p -; i 1 1: . i5~ I I 1 . 1 1 5.0 - 2 1 ( .02 7 ) 8 / f 2 ~ /4A~ 1 ~ lI= 5 /l 2 li -{ 17 3.01 ,~ ~~[1DI[' I ~ l!l11 I 51" '713 I~':! rr. fL-~f\8!l' 9 '"\ 1 1 3 2;,' no i I --1Jz kl l /" · If 14 i 13 15 16 ~ 12 11 ~ P 11 fiij III ' ~ ,1;/ 15 ) < I '. "" ... !OJlo:"> A\1 '" / [31 ~/ 11 ;' 1.0' 6 1 .01 1.01 3 4 5 6 '7 8 /~~1 o4! 12 ) , !~! If J 14 15 16 1oi11 12 13 141,1Ip, ' 15 1:1 6 fun /;1 1~4 / http://www. brevardpropertyappraiser . COIn! scripts/ esrimap.dll ?name= Brevard 1 &id=20070 5 0... 5/2/2007 Page 1 of 1 Q http://www.brevardpropertyappraiser.com/scripts/ esrimap.dll ?name=Brevard 1 &id=2007 050... 5/2/2007 SSA May 2, 2007 Mr. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Final Plat Review - Beach Breeze - Review #2 SSA Job No. 05-0025, Task 047-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA _-.-..-_________1_ __!_I __I~ir___ ,.....~..L_ _ _ _ __ _I I t:[,;UfIII Ilt:rJU::i ::ialU planor \..IllY approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. (r-SiQ~erely" /\\ \ ~\~ \ I '-'^, '\ .,/ ", \ J J _ "". "R ,Il ,k:;,,, uaV!Q "oy JOMeS, r'_0 Chief Surveyor DRJ:jls Cc: Susan L. Chapman ( City Engineer's Review Fee For Review #2 - N/C "\ NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. , ~ STOTfLER STAGG & ASSOCLA..TES ARCHITECTS ENGINEERS PLANNERS, INC. ~ ~w - . 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lie, #AACOO0329 #EBOOOO762 iiLBOOO6700 u:~oan sottoriva\civil\projects\cape\l-beach breeze final plat review 2..doc Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: April 10, 2007 Re: Beach Breeze Final Replat I have reviewed the Beach Breeze Final Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. c5J MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: February 15, 2007 RE: Beach Breeze Preliminary Re-Plat The Public Works Department has reviewed the Preliminary Re-Plat of the above stated and we do not have any comments or concern. ~ ~) ~ Page 1 of 1 Todd Peetz From: John Cunningham Ucunningham@ccvfd.org] Sent: Monday, April 23, 20079:13 AM To: Todd Peetz Subject: Re: Beach Breeze (Final Replat) Todd, We have reviewed the replat and have no comment at this time. @ 5/1/2007 Meeting Type: Planning & Zoning Meeting Date: 4/25/07 r-- AGENDA Heading Discussion Item #4 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion - Evaluation and Appraisal Report (EAR) Section 4 (legislative changes) and Section 5 (Special Topics) DEPT.IDIVISION: Building Department Requested Action: Review Sections 4 and 5 of the EAR for Discussion and direction to Staff. I I Summary Explanation & Background: The City is required to review their Comprehensive Plan approximately every 7 years to stay cunent with legislative changes and special topics of State concern. Other to.pics to be reviewed in future meetings illclude a community wide assessment; the public participation activities; assessment of the current Comprehensive Plan effectiveness; major issues and proposed amendments. The issues to be discussed in Sections 4 and 5 are legislative issues; while many of the issues are addressed or not applicable, several others will need to be included into the revised Comprehensive Plan. However, there are legislative changes pending that will change I how the City operates, especially with the requirement to annually update the Capb1.1 Improvement Element I I t.brough a Comprehensive Plful Amendment and all cities and counties win be required to have a new school element with a school level of service for each community. Note: the EAR only evaluates and recommends, it does not change the Comprehensive Plan. Proposed changes will follow a "Finding of Sufficiency" (sufficiently reviewed the Comprehensive Plan) by the Department of Community Affairs. Once found to be sufficient, the I proposed alnendrnents fu-e ""en reviewed for adoption into Ille Comprehensive Plan which will essentialiy revise I and update the Comprehensive Plan at that point. A table of contents is attached which identifies other areas to be reviewed in future meetings. Exhibits Attached: Sections 4 and 5 of the proposed EAR. Planning Official's Office I Department I I I .-r~ db4 .-J- ~ TABLE OF CONTENTS Introduction................................................................................................... ..4 1.0 Community Wide Assessment 1.1 Changes in Population and land area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 1.2 Location of vacant, buildable land........................................................... ....7 1.3 Location of existing development in relation to the Future Land Use Map............... 8 1.5 Financial Feasibility of Maintaining Concurrency......................................... ...9 2.0 Public Participation Activities................................. ....................................................10 3.0 Assessment of the Comprehensive Plan 3.1 Intergovernmental Coordination Element................................... ...........................................................................25 3.2 Conservation and Coastal Management Element..... ... ... ..... .... ... ..... ... ... ..........27 '1 '2 L'lfrastructure Element (Sanitary Sewer, Drainage, Solid Waste, Potable Water, and J.J Natural Groundwater Aquifer Recharge).... ............ .... ........ .... ... ..... ... .... ......38 3.4 Transportation Element............................................... ...................................46 3.5 Parks and Recreation Element.............................................................. ....49 3.6 Housing Element. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . .. . .. . .. . . . . .51 3.7 Future Land Use Element.................................................................... ...57 3.8 Capital Improvements Element...................................... ..................................62 4.0 Applicable changes to Chapter 163, Florida Statute (F.S.) and Rule 9J-5, Florida i~~dministrative Code (F.l1J,..C.)....................................................................... ..66 5.0 Special Topics 5.1 Assessment of the Future Land Use and Residential Coordination for the City's Projected Population with the Brevard County School Board........................... ..85 5.2 Water Supply, Conservation and Re-Use Plans for Cape Canaveral's Projected Population................................... _. _ _ _................ .................. _ _ _. _ _ _..... ..85 5.3 Evaluation of Coastal High Hazard Area Density Reduction and Property Rights............................................................................................. .86 5.4 Assessment of Military Installations Compatibility....................................... ..86 6.0 Major Issues 6.1 Future Land Use Element..................................................................... ..87 6.2 Transportation Element. - - - - - - - - - _ _ _................ _ _ _ _....................................... ..88 6.3 Housing Element. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . .88 6.4 Conservation and Coastal Management Element......................................... ..88 6.5 Parks and Recreation Element............................................................... ...89 6.6 Future Public School Facilities Element. . .. . . . . .. . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .89 7.0 Proposed Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 8.0 Appendix 1\1aps and Tables DCA Letter of Understanding and other correspondence...................................... ..108 Fage 3 of i56 V:IProjects\2004104-00l70 General Planning SvcslEAR 2006 ~20071Comp Planl2007 EAR\2007 CITY OF CAPE CANAVERAL EAR2.doc Prepared by Miller Legg - 5/1/2007 ~ 4.0 Applicable changes to Chapter 163, Florida Statute (F.S.) and Rule 9J-5, Florida Administrative Code (F.A.C.) Required that ports and local area, 163.3178(7) See policy C-4.2 in Add dredge disposal sites to existing r<'sponsibilities, identify dredge disposal sites in the eomp plan. Conservation Element policy language of C-4.2 in the Conservation Element. 9~. Exempted hom the lwice-per-year limitation certain port related amendments for port 163.3187(1 )(h) None-procedural change. transportation facilities and projects eligible for funding by the Florida Seaport Transportation and Economic Development Council. 94 Required rural counties to base their future land use plans and the amount of land 163.3177(6)(a) NlA designated industrial on data regarding the need for job creation, capital investment, and economic development and the need to strengthen and diversity local economics. 95 Added the Growth F'olicy Act to eh. 163, Part II to promote urban infill and 163.2511,163.25,14,1 Requirements addressed in Add 2007 Redevelopment Plan redevelopment. 63.2517,163.2520,16 FLUE. See policies LU-2 language where applicable. 3.2523, and 163.2526 and LU-9. 96 Required that all comp plans comply with the sclhool siting requirements by October 1, 163.3177(6)(a) Policy to be adopted in LU-l of the 1999. FLUE. 97 Made transportation facilities subject to conculTency. 163.3180(1)(a) Policy to be adopted in CI-2.1 of CIE. 98 Required use of professionally accepted techniques for measuring level of service for 163.3180(1 )(b ) A general Traffic Add professionally accepted cars, trucks, transit, bikes and pedestrians. Circulation level of service techniques language to policy CI-1.3 standard is established in ofCIE. the Capital Improvements Element. 99 Excludes public transit facilities from concurrency requirements 163.3180(4)(b) None-procedural change. 100 Allowed multiuse DRls to satisfy the transportation concurrency requirements when 163.3180(12) Policy to be adopted in CI-4 of CIE. authorized by a local comprehensive plan under limited circumstances. _ 101 Allowed multimodllll transpol'tation districts in areas where priorities for the pedestrian 163.3180(15) Not utilized. None-optional provision. environment are assigned by the plan. 102 Exempted amendments for urban infill and redevelopment areas, public school 163.31879(1)(h) and None-procedural change. concurrency from the twice-per-year limitation. (i) [Now: (n) and (j)] 103 Defined brownfield designation and added the assurance that a developer may proceed 163.3220(2) No brownfield areas have None-procedural change. with development upon receipt ofa brownfield designation. [Also see Section 163.32211(1) been sought in the City. for "brownfield" definition.] Page 66 of 156 V:IProjectsI2004104-00170 General Planning SvcslEAR 2006_2007\Comp Planl2007 EARI2007 CITY OF CAPE CANAVERAL EAR3.doc 0) Prepared by Miller Legg 5/1/2007 2000: [Ch. 2000-158., ss. 15-17, Ch. 2000-284, s.l, Ch. 2000-317, s. 18, Laws of Floridal Chapter 163, F.S. N/A* Addressed (where/how) Amendment Needed by Element Citations 104 R1epealed Section 163.3184(U)(c), F.S., that required funds from sanction for non- 163.3184(11)(c) N/A compliant plans go into the Growth Managemen~ Trust Fund. [Now: Relpealed] lC5 Repealed Section 163.3187(7), F.S. that required consideration of an increase in the annual 163.3187(7) N/A total acreage threshold for small scale plan amendments and a repor~ DCA. [Now: Relpealed] lC6 Repealed Sections 163.3191(13) and (15), F.S. 163.3191(13) and N/A (15) [Now: Relpealed] 107 Allowed small scale amendments in areas of critical state concem to be exempt from 163.3187(1)( c) l.e N/A The City is not in an area None. the twice-per-year limitation only if they are for affordable housing. of critical state concern. 108 Added exemption of sales from local option surtax imposed under Section 212.054, ES., as 163.2517(3)(j)2. N/A None-procedural change. examples of incentivl:s for new development wilhin urban infill and r~'development areas. 2001: ICh. 2001-279, s. 64, Laws of Florida) Chapter 163, F.S. N/A* Addressed (where/how) Amendment Needed by Element Citations 109 Created the rural land stewardship area program 163.3177(11)(d) N/A Not utilized. None-optional provision. 2002: [Ch. 2002-296, ss. 1 - 11, Laws of Florida] Chapter 163, F.S. N/A* Addressed (where/how) Amendment Needed by Element Citations 110 Required that all agencies that review comprehensive plan amendments and rezoning 163.3174 Cunently, a voting Policy to be adopted in IG-l oflCE include a nonvoting representative of the distriiet school board. representative is on the J'etleetive of existing conditions. LPA and P&Z Board. 111 Required coordination of local comprehensive plan with the regional water supply plan. 163.3177(4)(a) Policy to be adopted in IG-3 of ICE, and an Objective to be adopted in the Infrastructure (Potable Water) Element to include all water supply requirements. 112 Plan amendments for school-siting maps are exempt from s. 163.3187(1)'s limitation on 163.3177(6)(a) None-procedural change. frequencv. 113 Required that by adoption of the EAR, the sanitary sewer, solid waste, drainage, potable 163.3177(6)(c) Objectives and Policies to be water and natural groundwater aquifer recharge element consider the regional water supply adopted under each section of the plan and include a to.-year work plan to build the identified water supply facilities. Infrastructure Element and Objective C-6 should be added to the Conservation Element. 114 Required consideration of the regional watcr supply plan in :he p',eparation of the 163.3177(6)(d) Policy to be adopted in proposed conservation element. Objective C-6 of the Conservation Element. lIS Required that the intergovernmental coordination element (ICE) include relationships, 163.3177(6)(h) Policy to be adopted in IG-3 of ICE principles and guidelines to be used in coordinating comp plan with regional water supply plans. 11 S Required the local governments adopting a public educational facilities element execute an 163.3177(6)(h)4. Not utilized. None-optional plan provision. intel'-Iocal agreement with the district school beard, the county, and non-exempting municipalities. 117 Required that counties larger than 100,000 population and thcir municipalities submit a 163.3177(6)(h)6.,7., Coordinate with Brevard County inter-local service dellivcry agreements (existing and proposed, de11cits or duplication in &8. and add policy to IG-3 of the ICE Page 67 or 156 V. '.Pmjects'.2004'04-00170 General Planning Svcs\EAR 2006_ 2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller legg - 5/1/2007 [ the provisions of service) report to DCA by January I, 2004. Each local govemment is C [::] tsed on County Report. I required to update its ICE based on the findings of the report. DCA will meet with affected parties to discuss and id strategies to remedy any deficiencies or duplica.tions. ''''\1'''''' .1 .1.?LawsoI..fllorluaI.... .!~~~~~~~ij/":l'R:". J!~1~~ !"'iti: in ii '..h"~I~I'\1~h( 118 Required local governments and special districts to provide recommendations for 163.3177(6)(h)9. N/A None. statutory changes for annexation to the Legislature by February I , 2003. NOTE: this [Now repl~aled] requirement repealed by Ch. 2005-290, s. 2, LOF. 119 Added a new Section 163.31776 that allows a ccunty, to adopt an optional public 163.31776 N/A educational facilities element in cooperation with the applicable school ~loard. 120 Added a new Section 163.31777 that requires local govemments and school boards to enter 163.31777 Policy to be adopted in IG-l ofICE. into an inter-local agreement that addresses school siting, enrollment forecasting, school Also, objectives and/or policies capacity, infrastructure and safety needs of schools, schools as emergency shelters, and should be adopted in the new Public sharing of facilities. School Facilities Element when created. 121 Added a provision that the concurrency requirement for transportation facilities may be 163.3180(4)(c) Not utilized. None-optional plan provision. waived by plan amendment for urban in fill and redevelopment areas. 122 Expanded the definition of "affected persons" to include property O">11ers who own land 163.3184(1 lea) None-procedural change. abutting a change to a future land use map. 123 Expanded the definition of "in compliance" to include consistency with Section 163.3184(1 )(b) None-procedural change. 163.31776 (public educational facilities element). 124 Streamlined the timing of comprehensive plan amendment review. 163.3184(3), (4), (6), None-proccdural change. JZ.i, and (8) None-procedural change. 125 Required that local governments provide a sign-in form at the transmittal hearing and at 163.3184(15)(c) the adoption hearinu DDr persons to provide their names and addresses. ]26 Exempted amendments related to providing transportation improvements to enhance life 16331 87(1)(k) None-procedural change. safety on "controlled access major arterial highways" from the limitation on the frequency of plan amendments contained in s.163.3187(1). 127 Required EARs to include (1) consideration ofthe appropriate regional water supply plan, 163-3191(2)(1) Policies to be adopted in each new and (2) an evaluation of whether past reductions :inland use densities in coastal high hazard Objective of the sections in the areas have impaired property rights of current residents where redeveloJ::l11ent occurs. Infrastructure Element. 118 Allowed local governments to establish a special master process to assist the local 163.3215 Policy to be adopted in IG-3 of the governments with challenges to local development orders for consistency with the ICE. comprehensive plan. 129 Created the Local Government Comprehensive Planning Certification Program to 163.3246 Provision not utilized. None-optional plan provision. allow less state and regional oversight of comprehensive plan process ifthe local govemment meets certain criteria. 130 Added a provision to Section 380.06(24), Statutory Exemptions, that exempts from the 163.3187(1) None-procedural change. requirements for developments of regional impact, any water port or marina development if the relevant local government has adopted a "boating facility siting plan or policy" (wh:ieh includes certain specified criteria) as part of the coastal management element or future land use element of its comprehensive plan. The adoption of the boating faciliity siting plan or policy is exempt fi'om the limitation on the fi'equency ofp1an amendments contained in s.163.3] 87(1). Page 68 of 156 V.\Project5\2004\04-00170 General Planning SvcslEAR 2006_20071Comp Planl2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doe Q\\ Prepared by Miller Lcgg , 5111:2007 ~.,>) ell Prohibited a local government, under certain conditions, from denying an application for f63.3194(6) [=1 I~one-procedural change. I development approval for a requested land use for certain proposed solid waste management facilities. Creates the Agricultural Lands and (2): Provides legislative findings and pnrpose with respect to agricultural activities and duplicative regulation. (3): Defines the tenus "farm," "farm operation,'" and "farm product" for purposes of the act. (4): Prohibits a county from adopting any ordinance, resolution, regulation, rule, or pollicy to prohibit or otherwise limit a bona fide farm operation on land that is classified as agricultural land. (4)(a): Provides that the act does not limit thc powcrs of a county under certain circumstances. (4)(b): Clarifies that a farm opcration may not expand its operations under certain circumstances. (4)(c): Provides that the act does not limit the powers of ccrtain wuntiics. (4)(d): Provides that certain county ordinances are not deemed to be a duplication of re ulation. 133 Changes "State Comptroller" refercnces to "Chief Financial Officer." 163.3167(6) NlA 134 Provides for certain ail-ports to abandon DR! orders. 1 63.3 I 77(6)(k) NlA None-procedural provision. 135 Throughout s.163.3177, F.S., citations for Ch. 235, F.S., are changed to cite the appropriate 163.31776 NlA None-procedural provision. section ofCh. 1013, F.S. 136 Throughout s.163.31777, F.S., citations for Ch. 235, F.S., are changed to cite the 163.31777 NlA None-procedural provision. appropriate section of Ch. 1013, F.S. Page 69 of 156 V:\Projects\2004\04-00170 GeneTal Planning Sves\EAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/112007 (10): Amended to conform to the None-procedural provision. Act, and the creation of the Florida High-Speed Rail Authority Act. Policies to be adopted in each new (13): Created to require local govemments to identify adequate wat('" supply sources to Objective of the sections in the meet future demand, Infrastructure Element. (14): Crcatcd to limit the effect of judicial determinations issued subsequcnt to certain None-procedural change. development orders pursuant to adopted land development regulations, 138 (1): Provides legislative findings on the compatibility of development with military Creates 163.3175. N/A installations. (2): Provides for the exchange of information relating to proposediand use decisions between counties and local govemments and military installations. (3): Provides for resJllonsive comments by the commanding officer or hislher designee.. (4): Provides for the county or affected local govemment to take sudl comments into consideration, (5): Requires the representative of the military installation to be an ex-olficio, nonvoting member of the county's or local govemment's land planning or zoning board. (6): Encourages the commanding officer to provide information ol1cornmunity planning assistance rants. 139 (6)(a): 163.3177 N/A N/A . Changed to require local govemments to amend the future land use element by June 30,2006 to include criteria to achieve compatibility with military installations. . Changed to specifically encourage rural land stewardship area designation as an Not utilized. overlay on the future land use map. (6)(c): Extended the deadline adoption of the water supply facilities work plan The City is working with Policies to be adopted in each new amendment until December 1,2006; provided for updating the work plan every five years; the County on the water Objective of the sections in the and exempts such amendment from the limitation on frequency of adoption of supply plan. Infrastructure Element. amendments, (10)(1): Provides for the coordination by the state land planning agency and the Department of Defense on compatibility issues for military installations. N/A (II)(d)I.: Requires DCA, in cooperation with other specified state agencies, to provide Not utilized. assistance to local governments in implementing provisions relating to rural land stewardship a.'eas. Not utilized. (1 n(d)2.: Provides for multicounty rural land stewa.'dship areas. (11)(d)3.-4: Revises requirements, including the acreage threshold for d~signating a rural Not utilized. Page 70 01156 V\Pmjeets\2004\04-00170 General Planning Sves\EAR 2006_2007\Cornp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg. 5/1/2007 land stewardship alrea. (11 )(d)6.j.: Provides that transferable rural land use credits may be assigned at different Not utilized. ratios according to the natural resource or other beneficial use characteristics of the land. (11 lee): Provides legislative findings regarding mixed-use, high-density urban infill and Not addressed. None-optional plan provision. redevelopment projccts; requires DCA to provide technical assistance to local governments. (11 )(t): Provides lcgislative findings regarding a program for the transfer of development Not addressed. None-optional plan provision. rights and urban infill and redevelopment; requires DCA to provide technical assistance to local No previous finding of shortage of affordable rental units. Section 1.0 of the EAR provides tables showing updated housing information. (2): Provides definitions. (3): Authorizes local govemments to permit accessory dwelling units in areas zoned for Policies to be adopted in H-9 of single family residential use based upon certain findings. Housing Element and cross referenced with the City's Land (4) An application for a building permit to construct an accessory dwelling unit must Development Regulations as include an affidavit from the applicant which attests that the unit will be rented at an needed. affordable rate to a very-low-income, low-income, or moderate-income person or pcrsons. (5): Provides for certain accessory dweiling units to apply towards satisfying the affordable housing component of the housing element in a local government's comprehensive plan. (6): Requires the DCA to repOl't to the Legislature. 141 Amends the definition of "in compliance" to acid language referring to the Wekiva 163.3184(1 )(b) N/A Pa,-kway and Protection Aet. 14:2 (1 )(m): Created to provide that amendments to address critcria or compatibility of land uses 163.3187 N/A None-proccdural changes_ adjacent to or in close proximity to military installations do not count toward the limitation on frequency of amending comprehensive plans. (1 yen): Created to provide that amendments to establish or implement a rural land stewardship area do not count toward the limitation on frequency of amending comprehensive plans. 143 Created to provide that evaluation and appraisal reports evaluate whether criteria in the 163.3191(2)(n) N/A land use element were successful in achieving lard llse compatibility with military Page 71 of156 V.IProjects'2004104-00l70 General Planning SvcslEAR 2006_2007\Comp Planl2007 EARI2007 ClTY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/1/2007 144 Added the definitiolll of "financial feasibility." Creates ss. None-procedural provision. 163.3164(32) 145 (2): Required comprehensive plans to be "finallldally" rather than "economically" 163.3177 Add language to Goal of CIE. feasible. (3)(a)5.: Required the comprehensive plan to include a 5-year scht~duh~ of capital Policy to be adopted in CI-4 of CIE. improvements. Outside funding (i.e., fi'om developer, other government or funding pursuant to referendum) of these capital improvements must be guaranteed in the fOlm of a development agreement or interlocal agreemelllt. (3)(a)6.b.l.: Required plan amendment for the annllal update of the schedule of eapital improvements. Deleted provision allowing updates and change in the date of constlUction to bc accomplished by ordinance. (3)(b)(1): Requires the CrE reviewed on an annual basis and modified as necessary. An Policy to be adopted in CI-2 ofCIE. amendment to the comprehensive plan is required to update the schedule on an annual basis. All public facilitics shall be consistent with the capital improvements clcment. Amendments to implement this section must be adopted and transmitted no later than December 1, 2007. Thereafter, a local govemmcnt may not amend its fllture land use map, except for plan amendments to meet new requirements under this pmi and emergency amendments pursuant to s. IJ,pJJ87(1)(a), after December I, 2007, and every year thereafter, unless and until the local government has adopted the annual update and it has been transmitted to the state land planning agency. (3)(a)6.e.: Added oversight and penalty provision for failure to adhere to this section's Poliey to be adopted in CI-4 of CIE. capital improvements requirements. (3)(a)6.d.: Required a long-term capital improvement schedule if the local government Not utilized. has adopted a long-term concurrency management system. (6)(a): Deleted date (October I, 1999) by which school sitting requircments must be NIA adopted. (6)(a): Add requirement that futurc land use element of coastal counties must encourage NIA The City is not a coastal the preservation of working waterfronts, as dcfined in s.342.07, F.S. county. Policy to be adopted in new (6)(c): Required the potable water element to be updated within 18 months of an updated Objective ofthe Potable Water reglOnal water supply plan to incorporatc the alll'rnative water supply projects selected section in the Infrastructure by the local government to meet its water supply needs. Element. This adoption is pursuant to the Brevard County portion of the Regional Water Supply Plan and is due within 18 months of adoption of the plan. Page 72 of 156 V:\ProjWs\2004\04.00170 General Planning Svcs\EAR 21l06_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg. 5/1/2007 (6)(e): Added waterways to the system of sites addressed by the rl'(:reation and open Policy to be adopted in R-l of the space clement. Parks and Recreation Element. (I J)(d)4.c.: Required rural land stewardship areas to address affordable housing. N/A None-optional plan provision. (11)(d)5.: Required a listed species survey be performed on rurall~and stewudship N/A None-optional plan provision. receiving area. If any listed species present, must ensure adequate provisions to protect them. (ll)(d)6.: Must enact an ordinance establishing a methodology for creation, conveyance, N/A None-optional plan provision. and use of stewardship credits within a rlll"alland stewardship area (II )(d)6.j.: Revised to allow open space and agricultural land to be just as important as N/A None-optional plan provision. environmentally sensitive land when assigning stewardship credits. (12): Must adopt public school facilities element. Public Sehool Facilities Element to be adopted, policy regarding the timing of element adoption to be included in IG-l ofICE. (12)(a) and (b): A waiver from providing this element will be allowed under certain N/A circumstances. (12)(15): Expanded list of items to be to include colocation, location of schools proximate Objective and policies to be adopted to residential areas, and use of schools as emergency shelters. under the new Public School Faeilities Element. (l2)(h): Required local governments to provide maps depicting the geno:rallocation of new No new schools have been schools and school improvements within future conditions maps. planned. (l2)(i): Required DCA to establish a schedule for adoption of the publiic sehool faeilities Policy to be adopted in IG-l of the element. The schedule shall provide for each county and local government within the ICE fOl" establishment of the Public county to adopt the element and update to the agreement no later than December 1,2008. School Facilities Element. (12)(j): Established penalty for failure to adopt a pub lie school facility element. None-proeedural provision. (13): (New section) Encourages local govemments to develop a "community vision," Using eommunity None-optional plan provision. which provides for sustainable growth, recognizes its fiscal constraints, and protects its meetings to gather natural resources. information to develop a direetion for the future. (14): (New section) Encourages local govemments to develop a "urban service boundary," whieh ensures the area is served (or will be served) with adequate public N/A None-optional plan provision. facilities and services over the next 10 years. See s. 163.3184(17). Page 73 of 156 V\Projccts\2004\04.00170 General Planning Svcs\EAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg SIJ /2007 146 163.31776 is repealed 163.31776 None-procedural provision. [Now: Repealed] 147 (2): Required thc public schools interlocal agreement (ifapplicablc) to address 163.31777 None-procedural provision. rcquiremcnts for school concurrency. The opt-out provision at the cnd of Subsection (2) is deleted. (5): Required Palm B,each County to identify, as paJi of its EAR, changes needed in its N/A public school elemcnt necessary to conform to the new 2005 public school facilities cI cmcn t req u i remcn ts. (7): Provided that counties exempted from public school facilities element shall undergo re-evaluation as paJi of its EAR to detcrmine if they continue to meet exemption criteria. N/A 148 (2)(g): Expands requirement of coastal element to include strategies that will be used to 163.3178 Policy to be adopted in CM-t of prcserve rccreational and commercial working watcrfronts, as defined if} s.342.07, F.S. Coastal Element. Page 74 of 156 V \Projecb'2004'D4.00: 70 General Planning Svcs\EAR 2006 _2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/112007 163.3180 Policy to be adopted in the new Public School Facility Element and in CI-l of the CIE. (2)(a): Requircd consultation with water supplicr prior to issuing building permit to ensure Policy to be adopted in IG-3 of ICE "adequate water supplies" to serve ncw dcvelopment is available by the date of issuance and in the new Objectives of the of a certificate of occupancy. Infrastructure Element. (2)(c): Rcquired all transportation facilities to be in place or under construction within 3 No current deficiencies. Policy to be adopted in T -1 of the years (rather than 5 years) after approval of building permit. Transportation Element. (4)(c): Allowed concurrency requirement for public schools to be waived within urban Not utilized. None-optional plan provision. infill and redevelopment areas (163.2517). (5)(d): Required guidclincs for granting concumency exccptions to be included in tbe Not utilized. None-procedural provision. comprehensive plan. (5)(e) - (g): Ifloeal government has established transportation eXI:eptiions, the guidelines Not utilized. None-optional plan provision. for implementing the exceptions must be "consistent with and support! a comprehensive strategy, and promote the purpose olfthe exc{:ptions." Exception areas must include mobility strategies, such as alternate modes of transportation, supportcd by data and analysis. FOOT must be consulted prior to designating a transportation concurrency exception area. Transportation eoneUlTeney exception areas existing prior to July 1,2005 None-procedural provision. must meet these requirements by July 1,2006, or when the EAR-based amendment is adopted, whichever occurs last. (6): Required local government to maintain records to determine whether 110% de Policy to be adopted in T -3 of the minimis transportation impact threshold is reacbed. A summary of these records must be Tt'ansportation Element and CI-2 of submitted with the annual capital improvements clement update. Exceeding the 1 10% the CIE. threshold dissolves the de minimis exceptions. (7): Required consultation with the Department of Transportation prior to designating a Not utilized. None-optional plan provision. transportation concurrency management area (to promoteinfill development) to ensure adequate level-of-serviee standards are in place. The local government and the DOT should work together to mitigate any impacts to the Strategic Intermodal System. (9)(a): Allowed adoption of a long-term concurrency management system for schools. Not utilized. None-optional plan provision. (9)(e): (New section) Allowed local governments to issue approvals to commencc Not utilized. None-optional plan provision. construction notwithstanding s. 163.3180 in arcas subject to a long-term concurrency managemcnt system. Page 75 of 156 V:\Projects\2004\04-00170 Geneml Planning Svcs\EAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/1/2007 (9)(d): (New section) Required LOS standards are Policy CI-1.3 shonld be revised and service. discussed in CI-l.3 of the updated as determined by the City. ClE. The City should determine if amendments to the LOS standards are necessary. (10): Added requirement that level of service standard for roadway facilities on the Policies to be adopted in T -3 of the Strategic Intermodal System must be consistent with FDOT standards. Standards must Transportation Element, CI-l ofthe consider compatibility with adjacent jurisdictions. CIE and IG-2 of the ICE. (13): Required school concunency (not optional). Public School Facilities Policy to be adopted in IG-l of the Element required by ICE and in the new Public School December 2008. Facilities Element when created. (13)( c) 1.: Rcquires school concurrency after five years to be applied on a "less than Policy to be adopted in new Public districtwide basis" (i.e., by using school attcndance zones, etc). School Facilities Element. (13)(c)2.: Eliminated exemption from plan amendment adoption limitation for changes to service area boundaries. None-proeedural provision. (13)( c)3.: No application for development approval may be denied if a If'ss-than- Policy to be adopted in CI-l ofthe districtwide measurement of school concurrency is used; however the development cn: and in the new Public School impacts must to shifted to contiguous service areas with school capacity. Facilities Element. (13)(e): Allowed school concurrency to be satisfied if a developer executes a legally Policy to be adopted in CI-l of the binding commitment to provide mitigation proportionate to the demand. CIE and in the new Public School Facilities Element. (13)(e)I.: Enumerated mitigation options for achieving proportionate-share mitigation. Policy to be adopted in CI-l of the CIE and in the new Public School Facilities Element. (13)(e)2.: If educational facilities funded in one of the two following ways, the local government must cn~dlit this amount toward any impact fee or exaction imposed on the Not utilized. community: . contribution of land . construction, expansion, or payment for land acquisition (13)(g)2.: (Section deleted) -.It is no longer required that a local govemment and school board base their plans on consistent population projection and share information regarding None-procedural provision. planned public school facilities, development and redevelopment and infi'astructure needs Page 76 of 156 ~ V:\Projects\2004\04-00170 General Planning SveslEAR 2006~20071Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc V~/ ) Prepared by Miller Legg - 511/2007 ,._-~ of public school facilities. However, see (13)(g)6.a.: [Formerly (13)(g)7.a.] Local govemments must establish a unnfol'm Policy to be adopted in CI-1 of the procedure for determining if devclopment applications are nn compliance with school CIE and in the new Public School conculTency. Facilities Element. (13)(g)7. [Formerly (13)(g)8.] Dcleted languago that allowed looal govcmment to None-procedural terminate or suspend an interlocal agrccment with the school board. provision. (13)(h): (New 2005 provision) The fact that school concurrency has not yet been None-procedural implcmentcd by a local govemment should not be the basis for either an approval or denial provision. of a development permit. (15): Prior to adopting Multimodal Transportation Districts, PDOT must be consulted to assess the impact on level of service standards. If impacts are found, the local govemment Not utilized. and the PDOT must work together to mitigate those impacts. Multimodal districts establishcd prior to July I, 200S must meet this requirement by July 1,2006 or at the time oUhe EAR-base amendment, whichever occurs last. (16): (New 2005 section) Required local governments to adopt by December 1, 2006 a method for assessing proportionate fair-share mitigation options. FDOT will develop a model ordinance by December 1, 200S. City adopted proportionate Policy to be adopted in T-1 fair-share mitigation reflective of existing conditions. ordinance in December 2006. ISO (17): (New 2005 section) Iflocal government has adopted a community vnsion and U1r1l:Jan 163.3184 Not utilized. None-procedural provision. service boundary, state and regional agency review is climinated for plan amendments affecting property within the urban service boundary. Such amendments are exempt from the limitation on the frequency of plan amendments. (18): (New 2005 section) If a municipality has adopted an urban infi11 and redevelopment area, state and regional agency review is eliminated for plan amendment.s affecting N/A None-procedural provision. propcrty within the urban service boundary. SUCll amendments are exempt from the limitation on the li'equency of plan amendments. 151 (1)(c)l.f.: Allowed approval of residential land use as a small-scale development 163.3187 None-procedural provision, amendment when the proposed density is equal to or less than the existing future land use category. Under certain circumstanccs affordabk housing units are exempt from this limitation. (1)(c)4.: (New 2005 provision) If the small-scale development amendment involves a None-procedural provision. rural area of critical economic concern, a 20-acre limit applies. (1)(0): (New 2005 pl'ovision) An amendment to a rural area of criticall economic None-procedural provision. cOllcern may be approved without regard to the statutory limit on comp:~ehensive plan Page 77 of 156 V\Projects\2004\04-00l70 Gener,l Planning Svcs\EAR 2006~2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/112007 amendments, 152 (2)(k): Required local governments that do not have either a scho0111nterIocal agreement or 163,3191 City has an executed None-procedural provision, a public school facilities element, to determine in the EAR whether the Iocal govemment interIocal agreement continues to meet the exemption criteria in s.I 63.3177(12), (2)(1): The EAR must determine whether the local govemment has met its various water The Potable Water section Policies to be adopted in new supply requirements, including development of alternative water supply projects, of the Infrastructure Objective of the Potable Water Element does not detail section of the Infrastructure aItemative water supply. Element dealing with Water Supply. (2)(0): (New 2005 provision) The EAR must evaluate whether its Multimodal Transportation District has achieved the purpose for which it was created, Not utilized, (2)(p): (New 2005 provision) The EAR must assess methodology filr impacts on Policy T- 1.2 of the Ad/opt further policy language in T- transportation facilities, Transportation Element 1.2 of the Transportation Element discusses LOS standards as needed and volume to capacity ratio standards for measuring impacts on transportation facilities, (10): The EAR-based amendment must be adopted within a single amendment cyele. Failure to adopt within this cycle results in penalties, Once updated, the comprehensive None-procedural provision, Ian must be submitted to the DCA. 153 (10) Ncw scction designating Frecport as a certified community, 163,3246 N/A (ll) New section exempting proposed DRls within Freeport from review under s,380,06, un less review is 154 Establishes plan amendment procedures enclaves as 163,3162(5) Not utilized, None-optional element s,163,3164(33), F,S. Ch, 2006-255, LOF. 155 Defines agrieultural ,melave, Ch, 2006-255, LOF. 163,,3164(33) None-procedural change, Adds new paragraph cncouraging local govclllments with a coastal management element Policy to be adopted in CM-l of the 156 to adopt recreational surface water use policies; such adoption amendment is exempt from 163,3 I 77(6)(g)2, Coastal Element. the twice per year limitation on the fi'equency of plan amendment adoptions, Ch,2006., 220, LOF, 157 Allows the effect of a proposed receiving area to be considered when projecting the 25.year 163,3177(ll)(d)6, N/A or greater po ulation with a rural land stewardship area, Ch, 2006-2;~0, LOF. Recognizes "extremely-low-income persons" as another income groups whose housing 163.31771(1), (2) and None-optional plan provision, 158 needs might be addressed by accessory dwelling units and defines such persons consistent (4) with s.420,0004(8), F,S, Ch, 2006-69, LOF. 159 Assigns to the Division of Emergency Management the responsibility of ensuring the 163,3178(2)(d) None-procedural provision, preparation of u dated regional hurricane evacuation plans, Ch, 200~5-68, LOF, Page 78 of 156 €) V:\Projects\2004\04-00170 Geneml Planning Svcs\EAR 2006 _2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3,doc Prepared by Miller Legg - 5/1/2007 Changes the definition be the area below 163.3 1 78(2)(h) None-procedural provision. 160 the elevation of the category I storm surge line as established by the SLOSH model. Ch. 2006-68, LOF. Objective CM-6 of the Policy to be adopted in CM-7 of the Adds a new section allowing a local govcmment to comply with the requirement that :its Coastal Element directs Coastal Element to update the comprehensive plan direct population concentrations away from the CHHA and populations away from the reference to the 1987 Brevard 161 maintains or reduces hurricane evacuation times by maintaining an adopted LOS Standard 163.3178(9)(a) CHHA. Objective CM-7 County Peacetime Emergency Plan for out-of-county hurricane evacuation for a category 5 storm, by maintaining a 12-hour references a Brevard and to establish updated LOS hurricane evacuation time or by providing mitigation that satisfies these two requirements. County 1987 plan standards fOI' hurricane evacuation. Ch. 2006-68, LOF. discussing evacuation standards. Adds a ncw section establishing a level of service for out-of-county hurricane None-procedural provision. 162 evacuation of no greater than 16 hours for a category 5 storm for any local govemment I 63.3178(9)(b) that wishes to follow the process in s. I 63.3 I 78(9)(a) but has not established such a level of servicc by Ju]y 1,2008. Ch. 2006-68, LOF. Requires local governments to amend thcir Future Land Use Map and ,coastal Policy to be adopted in CM-6 of the ]63 management element to include thc new detlnit)on of the CHHA, and to depict the 163.3178(2)(c) Coastal Element and LU-5 of the CHHA on the FLUM by July 1,2008. Ch. 2006..68, LOF. FLUE. Allows the sanitary sewer concurrency requin:ment to be met by onsite sewage None-optional plan provision. 164 treatment and disposal systems approved by the Department of Health. Ch.2006-252, 163.3180(2)(a) LOF. 165 Changes s.380.0651(3)(i) to s.380,0651(3)(h) as the citation for the standards a multiuse 163.3 I 80(12)(a) None-procedural change. DRI must meet or exceed. Ch. 2006-220, LOF. 166 Deletes use of cxtended use agreement as part of the definition of small scale amendment. 163.3187(1)( c) I.f. None-procedural change. Ch. 2006-69, LOF. ]45 The future land use element must clearly identify the land use categories in which public Poliey to be adopted in LU-! of the schools are an allowable use. When delineating the land use categories in which public FLUE. schools are an allowable use, a local govemment shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish diffcring critcria for schools of different type or size. Each local govemment shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowab]e use. The failure by a local govemment to comply with these school siting requirements will result in the prohibition of the local govemment's ability to amend the local comprchensive plan, except for plan amcndments described in s. J63JJ8Z(1 )(b), until the school siting rcquirements are met. Amendments proposed by a loea] govemment for purposes of identifying the land use categories in which public schools are an allowable use are exempt from the limitation on the frequency of plan amendments contained in s. J63,3187. The future land use clement shall include criteria that cneourage the location of schools proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, slIeh as parks, libraries, and community centers, witll scllools to thc extent po~:sible and to Page 79 of 156 ~) V:\Projccts\2004\04-00170 General Planning Svcs\EAR 2006~2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/1/2007 ~---=/ 2005 ICh. 2005-157, ss 1, 2 and 15; Ch. 2005-290; and Ch. 2005-291, ss. 10-12, Laws of Chapter 163, F.S. I N/A* Addressed (where/how) Amendment Needed by Element Floridal Citations encourage the use of elementary schools as focal points for neighborhoods. For schoolls serving predominantly rural counties, defined as a county with a population of 100,000 or fewer, an agricultural land use category shall be eligible for the location of public school facilities if the local comprehensive plan contains school siting criteria and the location is consistent with such criteria. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of adjacent or closely proximate lands with loxisting military installations in their future land use plan element shall transmit the update or amendment to the de~artment by June 30, 2'~)06. Creates a new section related to elect.-ic distribution substations; establishes criteria Policy to be adopted in LU-3 of the addressing land use compatibility of substations; requires local governments to permit FLUE. substations in all FLUM categories (except preservation, conservation or historic 167 preservation); establishes compatibility standards to be used if a local government has not 163.3208 established such standards; establishes procedures for the review of applications for the location of a new suhstation; allows local governments to enact reasonable setback and landscape buffer standards for substations. Ch. 2006-268, LOF. Creates a new scction preventing a local government from requiring a permit or other None-optional plan provision. 168 approval for vegetation maintenance and tree pruning or trimming within an established 163.3209 electl-ic transmission and distribution line right-of-way. Ch. 2006-268, LOF. Community Workforce Housing Innovation Pilot Program; created by Ch. 2006-69, None-optional plan provision. 169 LOF, section 27. Establishes a special, expedited adoption process for any plan amcndment that implements a pilot program project. Affordable housing land donation density incentive bonus; created by Ch. 2006-69, None-optional plan provision. LOF, section 28. Allows a density bonus for land donatcd to a local government to provide 17J affordable housing; requires adoption of a plan amendment for any such land; such amendmcnt may be adopted as a small-scale amcndment; such amendment is exempt fi'om the twice per year limitation on the frequency of~lan amendment ad~01lS. Rule 9J-5 F.A.C. Mltrch 21, 1999 Rule 9J-5 F.A.C. N/A* I Addressed (where/how) Amendment Needed by Element Citations I 55 Defined public transit and stormwater management facilitie~ 9J-5.003 None-procedural provision. 56 Revised the definitions of affordable housing, coastal planning an~a, port facility, and 9J -5.003 None-procedural change. wetlands. 57 Repeal the definitions of adjusted for family siz,e, adjusted gross income, development, 9.1 -5.003 N/A None-procedural change. high recharge area on- prime recharge area, mass transit, paratnmsit, puhlic facilities, velry low-income family. 58 Revised provisions relating to adoption by reference into the local comprehensive plan. 9J-5.005(2)(g) and None-procedural change. (8)(j) Page 80 of 156 ~) V IProjects'2004\04-00 170 Genel,1 Plnnning SveslEAR 2006_ 20071Comp Planl2007 EARI2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/1/2007 59 Repealed transmittal requirements for proposed evaluation and appraisal reports, 9J-5.0053(2) through None-procedural change. submittal requirements for adopted evaluation and appraisal reports, cniteria for (5) dctermining the sufficiency of adopted evaluation and appraisal reports, procedures for adoption of evaluation and appraisal reports. Note: transmittal requirements for proposed evaluation and appraisal reports and submittal requirements for adopted evaluation and appraisal reports were incorporated Rule Chapter 9J-ll, F.A.C. 60 Repealed conditions for de minimis impact and referenced conditions in subsection 9J-5.0055(3)6 N/A None-procedural change. 163.3180(6), F.S. Mll"I;I21,19~9 \A::n ::!i~4~* ~l~m~~t Y': xu :: u:: y:: 61 Required the future land use map to show"" I:Oncurrency area _, IiIiM4) Not utilized None. boundaries of such areas have been designated and areas for possible future municipal incorporation. 6-' Required objectives of the Sanitary Sewer, Solid Waste, Stormwater Management, Potable 9.1-5.011(2) N/A <. Water and Natural Groundwater Aquifer Recharge Element to address protection of high recharge and prime recharge areas. 6- Repealed the Intergovernmental Coordination Element process to determine if 9.1-5.015(4) ICE provides for impacts None. :' development proposals would have significant impacts on other local governments or state on other or regional resources or facilities, and provisions relating to resolution of disputes, j urisdi cti ons/resources. modification of development orders, and the rendering of development orders to the Department ofComrnunity Affairs (DCA) 64 Clarified that local governments not located within the urban area of a Metropolitan 9.1-5.019(1) N/A Planning Organization are required to adopt a Traffic Cil'culation IElement and that local govcrnments with a population of 50,000 or less are not required to prepare Mass Transit and Ports, Aviation and Related Facilities Elements. 65 Required objectives of the Transportation Element to: 9J-5.019(4)(b) 0 Coordinate the siting of new, or expansion of existing ports, airports, or Adopt language in Objective T-2 as related fadlities with the Future Land Use, Coastal Management, and required in the Transportation Conservation Elements; Element. Language to be adopted in LU-3 of the FLUE, add objectives to both the Coastal and Conservation Elements and add poliev in IG-3 of the ICE. 0 Coordinate surface transportation access to ports, airports, and related faci'lities Adopt langnage in Objective T-3 of with the traffic circulation system; the Transportation Element, LU-3 of the FLUE and IG-2 of the ICE. 0 Coordinate ports, airports, and related facilities plans with plans of other Adopt language in Objective T -3 of transportation providers; and the Transportation Element, LU-3 of the FLUE and IG-2 of the ICE. 0 Ensure that access routes to ports, airports and related facilities are properly Adopt language in Objective T-3 of integrated with other modes of transportation. the Transportation Elemeut and IG- 2 of the ICE. 66 Required policies of the Transportation Element to: . 9J-5.019(4)(c) 0 Provide for safe and convenient on-site traffic flow; Policy to be adopted in T -1 of the Transportation Element. Page 81 ofl56 V:\ProjectsI2004104-00170 General Planning SvcslEAR 2006_20071Comp Planl2007 EARI2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg . 5/1/2007 . Establish measures for the acquisition and preservation of public transit rights- Policy to be adopted in T-4 of the of-way and corridors; Transportation Element. . Promote ports, airports and related facilities development and expansion; Policy to be adopted in T-2 of the Transportation Element and IG-2 of th(~ ICE. . Mitigate adverse structural and non-stTuctural impacts from ports, airports and Policy to be adopted in T-3 of the related facilities; Transportation Element, LU-3 of the FLUE and IG-2 of the ICE. . Protect and conserve natural resources within ports, airports and related Policy to be adopted in T -3 of the facilities; Transportation Element, LU-3 of the FLUE and IG-2 ofthe ICE . Coordinate intermodal management of surface and water transportation within N/A ports, airports and related facilities; and --- . Protect ports, airports and related facilities from encroachment of incompatible Policy to be adopted in T -2 of the land uses. Transportation Element and in LU- 3 of the FLUE. 67 Added standards for the review of land development regulations by the Department. 9.1-5.022 None-proeedural ehange. l\1:!lr~~ .....2l;l99?i :::CU: .......i <Ai .'~/~~ <NPMM.:':~~<J!Jl~menJ <<...< <i >:c .jHiii iH.'i.i // ii 68 Added criteria for determining consistency of land development regulations with the 9.1-5.023 None-procedural provision. plan. '. zoot i2 :)\1.~;~. .)~(~~/ '/': <<: 69 Defined generallane~i 9.1-5.003 Terminology not utilized None-procedural change. 70 Revised the definition of "marine wetlands." 9.1-5.003 Plan references the term None-procedural change. "wetlands. " 71 Repeal the definition of "public facilities and services." 9.1-5.003 N/A Plan uses terms in a local None-procedural change. capacity. 72 Rcvised procedures for monitoring, cvaluating and appraising implementation oflocal 9.1-5.005(7) None-procedural change, comprchensive plans. 73 Repealed requirements for evaluation and appraisal reports and evaluation and appraisal 9.1-5.0053 N/A None-procedural change. amendments, 74 Revised concurrency management system rcquirements to include provisions for 9.1-5.005(1) and (2) None-procedural change. establishment of public school concurrency. f---- 75 Authorized local governments to establish multimodal transportation level of service 9.1 -5.0055(2)(b) and NI A - Multimodal None. standards and estahlished requirements for multi modal transpol-tation districts. (3 )(c) transportation districts are not utilized. 76 Authorized local governments to establish level of service standards for general lanes of 9.1-5.0055(2)( c) Policy to be adopted in T-I of the the Florida Intrastate Highway System within urbanized areas, with the coneurrenee of the Transportation Element and CI-I of Department of Transportation. the CIE. 77 Provide that public transit facilities are not subject to conculTency requirements. 9.1-5.0055(8) NI A Publie transit facility None. concurrency not addressed in existing GOPs. Page 82 of 156 Y\Projects\2004\04-00 170 General Planning Svcs\EAR 2006_ 2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg 5/112007 78 Authorized local comprehensive plans to permit multi-use developments ofregional impact 9J-5.0055(9) City adopted proportionate Policy to be adopted in T-l of the to satisfy the transportation concurrency requirements by payment of a proportionate fair-share mitigation Transportation Element reflective share contribution. ordinance in December of existing conditions. 2006. 79 Required the future land use map to show multimodal transportation district boundaries, 9J-5.006( 4) No multi modal districts None. if established. have been established. 80 Authorized local govcrnments to cstablish multi modal transportatiion districts and, if 9J-5.006(6) Not utilized. None. established, required local governments to establish design standards for sueh districts. 81 Rcquired data for the Housing Element include a description of substalldard dwelling 9J-5.010(l)(c) Policy to be adopted in H-2 of the ullits and rcpealed the requirement that the housing inventory include a locally determined Housing Element describing definition of standard and substandard housing conditions substandard dwelling units. 82 Authorizcd local governments to supplement the affordable housing needs assessment 9J-5.1O(2)(b) None-procedural provision. witl1locally generated data and repealed the authorization for local governments to conduct their own assessment. 83 Required the Intergovernmental Coordination Element to inelude objectives that ensure 9J-5.015(3)(b) Interlocal agreement with Objectives and policies as adoption of interlocal agreements within one year of adoption of the amended School Board executed. appropriate to be adopted in IG-l of lntergove1l1mental Coordination Element and ensure intergovernmental coordination the ICE. between all affeeted local gove1l1ments and the school board for the purpose of establishing requirements for public school ....,""!.""~i-?'1'2l)Ot >F rr!Ui'g!!~ ..1<'<".:::0< ~A~* .,.i ih"l!il~m~~t! .,,,, m riP"} 'i >> >.> 84 Required the lntergovernmental Coordination Element to include: 9J-S.015(3)(e) . Policies that provide procedures to identify and implement joint planning areas Only general policy Policy to be adopted in IG-3 of the for purposes of annexation, municipal incorporation and joint infi.astrueture language addresses ICE. service areas; coordination with other entities. 0 Recognize campus master plan and provide procedures for coordination ofthe N/A campus master development agreement; 0 Establish joint processes for collaborative planning and decision-making with Policy to be adopted in IG-3 of the other units of local gove1l1ment; ICE. . Establish joint processes for collaborative planning and decision making with Policy to be adopted in IG-3 of the the school board on population pl'o.jedions and siting of public school ICE. facilities; . Establish joint processes for the siting of facilities with county-wide Policy to be adopted in IG-3 of the significance; and ICE. 0 Adoption of an interlocal agreement tlJr school concurrency, Policy to be adopted in IG-3 of the ICE and in the proposed Public School Facilities Element. 85 Required the Capital Improvements Element to include implementation measures that 9J-5.016(4)(a) Multimodal transportation Policy to be adopted in CI-l oUhe provide a five-year financially feasible public school facilities program that demonstrates districts are not utilized. CIE. the adopted level of service standards will be achieved and maintained and a schedule of caDi tal imDrovements for multi modal transportation districts, if locally established. 86 Required the Transportation Element analysis for multi modal tl-ansporltation districts: to 9J-5.019(3) Not utilized. None-optional plan provision demonstrate that community design elements will reduce vehicle miles of travel and support an integrated, multi-modal transportation system ~ Page 83 of 156 V.\p,.ojects\2004\04~OOI70 General Planning Svcs\EAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3,doc Prepared by Miller Legg 5/1/2007 87 Required Transportation Element objectives for multi modal transportation districts to 9J-5.019(4) Not utilized. None-optional plan provision. address provision of a safe, comfortable and attractive pedestrian environment with convcnient access to public transportation. 88 Authorized local governments to establish level of service standards for general lanes of 9J-5.019(4)(c) Not addressed Policy to be adopted in T-l ofthe the Florida Intrastate Highway System within urbanized areas, with the concurrence of the Tr'ansportation Element and CI-l of Department of Transportation. the CIE. 89 For the purpose of issuing a development order or permit, a proposed develoment may be 9J1-5.0055(3)6 Not addressed. Policy to be adopted in T -3 of the deemed to have a de minimus impact and may not be subject to the concunency Transportation Element. requirements of subparagraphs 9.1--5.0055(3)(c)1.-4., F.A.C., only if all of the conditions specified in subsection 163.3 180(6), F.S., are met. [Section 163.3180(6), F.S.] {163.3180 (6): The Legislature finds that a de minimis impact is cons'lstent with this part. A de minimis impact is an impact that would not affect more than 1 percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the local government. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 1 I 0 pereent of the maximum volume at the adopted level of service of the affected transportation facility; provided howcver, that an impact of a single family home on an existing :lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Further, no impact will be de minimis ifit would exceed the adopted level-of-service standard of any affected designated hUJT:icane evacuation routes. Eaeh local government shall maintain sufficient records to ensure that the 1 10-pcrcent criterion is not exceeded. Each local govemment shall submit annually, with its updated capital improvements element, a. summary of the de minimis records. l[fthe state land planning agency determines that the 1 ! O"percent criterion has been exceeded, the state land planning agency shall notify the local government of the exceedance and that no further de minimis exceptions for the applicable roadway may bc granted until such time as the volume is reduced below the 110 percent. The local govemment shall provide proof of this reduction to the state land planning agency before issuing fi.Jrther de minimis exceptions. } Page 84 of 156 V:\Projects\2004\04-00 170 General P!!anning Svcs\EAR 2006_ 20Cl7\Comp Plan\2C107 EAR\20Cl7 CITY OF CAPE CANAVERAL EAR3.doc @ Prepared by Miller Legg - 5/1/2007 5.0 Special Topics 5.1 Assessment of the Future Land Use and Residential Coordination with the Brevard County School Board Chapter 163.3191(2)(k), F.S. requires: The coordination of the comprehensive plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to s. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decision making processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and siting of public school facilities. F or those counties or municipalities that do not have a public schools interlocal agreement or public school facilities element, the assessment shall determine whether the local government continues to meet the criteria of s. 163.3177(12). If the county or municipality determines that it no longer meets the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments pursuant to the requirements of the public school facilities element, and enter into the existing interlocal agreement required by ss. 163.3 1 77(6)(h)2. and 163.31777 in order to fully participate in the school concurrency system. Action: The City added a voting representative to both the Land Planning Agency and the Planning and Zoning Board. Currently, for all comprehensive plan and zoning changes the City coordinates with the Brevard County School Board. A School Concurrency Element is required by December 2008. 5.2 'Vater Supply, Conservation and Re-Use Plans for Cape Canaveral's Projected Population Chapter 163.3191 (2)(1) requires: The extent to which the local government has been successful in identifying alternative water supply projects and traditional water supply projects, including conservation and reuse, necessarj to meet the water needs identified in s. 173.0361 (2)(a) within the local government's jurisdiction. The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including development of alternative water supplies, identified in the element as necessary to serve existing and new development. Action: According to Brevard County's EAR: SJRWMD has completed its 2005 Water Supply Plan. In this Plan, there are ten water supply development projects in Brevard County. The district states "more than enough alternative water supply development projects have been identified to meet the needs in the east-central Florida area through 2025." Sixty project options are identified in the SWSP 2005, and they include the following: Six brackish groundwater projects, six surface water projects, three seawater projects, forty-three reclaimed water projects and two agricultural projects. n__ _ <'>c _ c-,,,.,,. rdgc 0";Ul1.J..) V:\Projects\2004\04~00170 General Planning SvcslEAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg ~ 5/1/2007 (fi) 5.3 Evaluation of Coastal High Hazard Area Density Reduction and Property Rights Chapter 163.3191 (2)(m) requires: If any of the jurisdiction of the local government is located within the coastal high-hazard area, an evaluation of whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current residents shall be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment. Action: The City works to discourage population away from coastal high-hazard areas through Future Land Use and zoning controls. Currently, no large scale projects have passed increasing density or intensity. The City recently discontinued allowing residential use along the AlA corridor. 5.4 Assessment of Military Installations Compatibility Chapter 163.3191(2)(n) requires: An assessment of whether the criteria adopted pursuant to s. 163.3177(6)(a) were successful in achieving compatibility with military installations. Action: While there are no military installations within Cape Canaveral, Patrick Air Force Base and the Canaveral Air Station are in the vicinity. F<i)o;t: au ur 1 55 V:\Projects\2004\04-00 170 General Planning SvcslEAR 2006_2007\Comp Plan\2007 EAR\2007 CITY OF CAPE CANAVERAL EAR3.doc Prepared by Miller Legg - 5/1/2007 ~ @) 9J-5.023 Criteria for Determining Consistency of Land Development Regulations with the Comprehensive Plan. A determination of consistency of a land development regulation with the comprehensive plan will be based upon the following: (1) Characteristics of land use and development allowed by the regulation in comparison to the land use and development proposed in the comprehensive plan. Factors which will be considered include: (a) Type ofland use; (b) Intensity and density ofland use; (c) Location of land use; (d) Extent ofland use; and (e) Other aspects of development, including impact on natural resources. (2) Whether the land development regulations are compatible with the comprehensive plan, further the comprehensive plan, and implement the comprehensive plan. The term "compatible" means that the land development regulations are not in conflict with the comprehensive plan. The term "further" means that the land development regulations take action in the direction of realizing goals or policies of the comprehensive plan. (3) Whether the land development regulations include provisions that implement objectives and policies of the comprehensive plan that require implementing regulations in order to be realized, including provisions implementing the requirement that public facilities and services needed to support development shall be available concurrent with the impacts of such development. Specific Authority 163.3202(5) FS. Law Implemented 163.3194, 163.3213 FS. History-New 3-21-99.