HomeMy WebLinkAboutP & Z Packet 5-23-07
City of Cape Canaveral
LANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
1\ /I ^ 'J r'\'") r'\r\r\""'7
(VIM T Lv, LUUI
AGENDA
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: May 9, 2007.
2. Review & Recommendation to City Council Re: Regulation of
Resort Dwelling Units - Kate Latorre, Assistant City Attorney.
'"' Discussion Re: Evaluation and Appraisal Report, Sections
0,
2,3,6& 7 - Todd Peetz, City Planner.
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 and/or 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.myfIorida.com/cape · email: ccapecanaveral@cfLrr.com
PLANNING & ZONING BOARD
MEETING MINUTES
MAY 9,2007
A Regular Meeting of the Planning & Zoning Board was held on May 9, 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.
I\Ar-.. Jlnr-ni"'"\ f""'\r"""\r-r"'lor-to. 1..,-.
IVICIVIDCri.Cl ,ri.CClCI\I I
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
Ronald Friedman 2nd Alternate
OTHERS PRESENT
Robert Hoog Mayor Pro Tem
Shannon Roberts Council Member
t<ate Latorre Assistant City Attorney
Todd Peetz City Planner
Susan Chapman Secretary
NEW BUSINESS
1. Approval of Meetinq Minutes: April 25, 2007.
Motion by John Fredrickson, seconded by Harry Pearson, to approve the
meeting minutes of April 25, 2007. Vote on the motion carried unanimously.
,., Review & Recommendation to City Council Re: Final Replat of Laws
L.
Townhomes, 109 & 111 Lincoln Avenue, Section 23, Township 24 $outh,
Ranqe 37 East, Block 69, Replat of Lots 5 & 6, Avon by the Sea
Subdivision - Thomas Laws, Applicant.
Todd Peetz, City Planner, provided an overview of the final replat of Laws
Townhomes. The Board members reviewed the final replat. Donald Dunn
questioned the dimensions of the lot. Ron Friedman advised that property
surveys are done by licensed professional land surveyors and their dimensions
should not be questioned. He further advised that lot dimensions from the
property appraiser's office are only approximate.
Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of
Laws Townhomes Final Replat. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
May 9, 2007
Page 2
3. Review & Recommendation to City Council Re: Final Replat of Beach
Breeze, Section 14, Township 24 South, Ranoe 37 East. Block 77, Replat
of Lot 6 - Stacey Shoemaker, ,ll,pplicant.
Todd Peetz, City Planner, provided an overview of the final replat of Beach
Breeze. He explained that the property was located on the northwest corner of
Ridgewood and Washington Avenues. He advised that the code allowed up to
nine units on this size property; however, the lot is being replatted for only two
units. The Board members reviewed the final replat.
Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval
of Beach Breeze Final Replat. Vote on the motion carried unanimously.
4. Discussion Re: Evaluation and Appraisal Report, Sections 4 & 5 - Todd
Peetz, City Planner.
Todd Peetz, City Planner, advised that the proposed changes to Sections 4 & 5
of the Evaluation and Appraisal Report are based on changes to the Florida
Statutes since the last time the Comprehensive Plan was amended. He
explained that the City is required to review the Comprehensive Pian
approximately every seven years to stay current with legislative changes and
special topics of State concern. He advised that other topics to be reviewed in
future meetings include a community wide assessment; the public participation
activities; assessment of the current Comprehensive Plan effectiveness; major
issues; and proposed amendments. He pointed out that 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 Pian. However, there are legislative changes pending
that will change how the City operates, especially with the requirement to
annually update the Capital Improvement Element through a Comprehensive
Plan. He further explained that the proposed changes will follow a "Finding of
Sufficiency" by the Department of Community Affairs; and once found to be
sufficient; the proposed amendments are then reviewed for adoption into the
Comprehensive Plan which will essentially revise and update the Comprehensive
Plan at that point. The Board members reviewed and held discussion regarding
Sections 4 and 5 of the proposed Evaluation and Appraisal Report.
Planning & Zoning Board
Meeting Minutes
May 9, 2007
Page 3
5. Discussion Re: Requlation of Resort Dwellinq Units - Kate Latorre,
Assistant Citv Attornev"
Kate Latorre, Assistant City Attorney, advised that the Board was reviewing a
revised version of the proposed ordinance. Ms. Latorre summarized the
changes. She noted that the revision clarified residential zoning districts to
encourage single family residences; defines r8sori dwelling unit; and specific
procedures for a resort dwelling to be legally non-conforming. The Board
members reviewed their data packet. Discussion followed.
John Johanson commented that this issue is a short coming by the City to the
people that have me the State and City requirements to require them to comply
with the requirements of the new code for structures over three or more stories
high.
Bjornar Hermasen, a hotel owner, asked the City if it \^Jants to restrict transient
- -
rentals or not. He explained that rentals are commercial ventures and should be
made to comply "vith State and local requirements. He questioned if the City
should protect the legal rights of property owners that are not legally licensed and
"flying under the radar". He agreed that there should be an amortization
schedule to allow them to comply. He noted that hotels and motels are required
to comply with State, local, and Federal mandates to protect the safety of
transient renters.
Donald Dunn commented that the people flying under the radar have been
violating the law and he did not agree that the City should legalize them by
~ ii --- -i- - th m an amorti7Arl timA tn rnmni\/
C:l ow ng e u_ u..~__._,",_ _....~ -_ ---'''1-''.1'
Harry Pearson commented that the majority of the rentals are condominiums. He
understood that the City needs to work to bring property owners into compliance.
He did not agree with the ordinance. He noted that the ordinance only applies to
four or less units, and he knows of more than four unit buildings in the
subdivision where he resides that rent. He voiced his opinion that the ordinance
should apply to all rentals. He commented that approximately 3,000 units are
being rented, and of those, approximately 1,000 are transient.
Bea McNeely voiced her opinion that resort dwellings should only be allowed in
the commercial zoning districts. She commented that commercial use in a
residential zone is bad for the City.
Planning & Zoning Board
Meeting Minutes
May 9,2007
Page 4
Lamar Russell was strongly opposed to the ordinance. He voiced his opinion
that the ordinance was unfair to the property owners of rental properties. He
commented that everyone should have a chance to make their units safe and
bring them into compliance; rentals should be allowed to continue in all zoning
districts where they are currently ailowed, if all applicable State and local
requirements are met.
John Fredrickson questioned why the ordinance came back to the Board. Kate
Latorre, Assistant City Attorney, advised that the code requires a
recommendation from the Board.
Ronald Friedman commented that property rental could be someone's primary
source of income. He believed that they should be given an opportunity to bring
them up to code and allow the rental(s) to continue, in any zoning district they
may be located in.
John Johanson agreed with some of the other Board members that the City
should give the property owners an opportunity to comply in continue renting.
Comments from the audience followed. Kate Latorre, Assistant City Attorney,
advised that the Board did not have any comments that would create a change to
the proposed ordinance. She advised that this agenda item for a discussion was
an error, that City Council requested that the Board make a recommendation on
the ordinance. Brief discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson to place this item on the
next meeting agenda for further discussion. Kate Latorre advised that the City
Council requested that the Planning & Zoning Board send the ordinance back
with a recommendation. Discussion followed. Lamar Russell amended the main
motion to review and recommend the ordinance to City Council on the next
meeting agenda. Vote on the main motion, as amended, carried unanimously.
There being no further business the meeting was adjourned at 10:02 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Regular
Meeting Date: OS/23/07
AGENDA
Heading Discussion
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: R P.ViP.UT lOlnil R p'('.f)mmpnil R p",..,rt"f)ur..ll.;nrr T Tn.;t llrrl.;n<:".."",
.........- ~""-'. -........- ..........__.................&....lI.-........_............... .&.'"-_...........,....\........~" -................1.6 '-"....~" "<.......J'..l'l"..l..I..I..l.UJ.J.V""
DEPT/DIVISION: Building Department
Requested Action:
Review and recommend to City Council the proposed ordinance for the regulation of resort dwelling units.
Summary Explanation & Background:
The city attorney was directed to prepare an ordinance as follows:
I
I Prohibit resort dwelling units within the R-l, R-2 and R-3 zoning districts and establish as a principal use within I
the C-l commercial district. I
I I
Attached exhibits:
1. Proposed Ordinance No. 19-006
2. City Attorney's Executive Summary
3. City Manager's Analysis
I 4. Building Official's E-Mail on the (4) Residential Occupancies
5. P&Z Board's 09-27-06 Recommendation
I
I /" Article - Short-Term Vacation Rentals: Residential or Commercial Use?
o.
7. City Attorney's May 3, 2007 Letter on Ordinance No.. 19-2006/Resort Dwellings
8. Building Official's March 21 Momorandum on Change ofOccupany Classification
9. Consistency Review of Short-Term Rentals by the City Planner
Exhibits Attached:
Listed above.
! I
I Planning Offfid.!', Office I Department
/,
/11
0
DRAFT March 27, 2007
ORDINANCE NO. 19-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, A:MENDING CHAPTER 110. ZONING. OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-I, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "RESORT DWELLING;"
PROVIDING FOR RESORT DWELLINGS AS PRINCIPAL
USES IN THE C-J ZONING DISTRICT; SETTING FORTH A
PROCEDURE FOR ESTABLISHING A NONCONFORMING
STATUS FOR CERT AINRESORT DWELLINGS IN THE R-I,
R-2 AND R-3 ZONING DISTRICTS BASED ON CERTAIN
EXISTING LICENSE AND TAX FACTORS SPECIFlCALL Y
ENUMERATED HEREIN; PROVIDING FOR EXPIRATION
OF SUCH NONCONFORMING STATUS UNDER CERTAIN
CIRCUMSTANCES; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMlJM OF SEVEN (7) DAYS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE.
SEVERABILITY; AND AN EFFECTIVE DATE.
'WHEREAS, the CiL)' is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
VlHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid Y. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
.IQ-ublic H?orks, 234 P. 381 (Cat 1925); and
WHEREAS, limitations on resort dwellings and other transient commercial uses serve a
substantia! govern~enta! interest in preserving the cha.111cter and integri~J of residential
neighborhoods. See Cope Y. City of Cannon Beach, 855 P.2d 1083 (Or. ]993); Ewing v. City of
Carmel-By~The-Sea, 286 Ca!. Rptr. 382 (Cal. Ct. App. ]99]); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
City of Cape CanavcflI1
Ordinance No. 19-2006
Page I of 8
--
-
@
DRAFT March 27, 2007
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
WHEREAS. resort dwellings are not currently expressly listed as a principle or special
exception use within any zoning district; and
'\'HEREAS, the City Council hereby finds that it is necessary to list resort dwellings within
a specific zoning district in order to preserve the residential character of portions of Cape Canaveral
and to protect Cape Canaveral from becoming an overwhelming transient rype commwtity; and
WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428 (1954); Epifana v. Tawn afIndian River Shores, 379 So. 2d 966 (Fla. 4th
DCA 1979); and
WHEREAS. the City Council also acknowledges that tnmsient residential uses fall under
a different occupancy classification under the Florida Building Code than other residential uses and
that more stringent building and fi_re code requLrements exists fbr transient residential uses for life
safety reasons; and
WHEREAS. the City Council also finds that in accordance with section 110-121, Cape
Canaveral Code, a change in occupancy classification of a building requires that the building official
conduct an inspection ofthe building to deteImine whether it complies with applicable building code
requirements before issuing a new certificate of occupancy for the building based on the changed
occupancy classification; and
WHEP~~4.S, while the CILY Council desLres to afford some protections to existing licensed
resort dwellings that will become nonconforming under this ordinance, the City Council seeks to
balance the competing interests between existing uses and the City Council's desire to protect the
residential character of Cape Canaveral consistent with the City's Comprehensive Plan and to protect
the safety of transient occupants; and
WHEREAS, the City Council hereby fmds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency an: of paramount public importance;
and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings as an additional permitted use in the C- 1 Low
City ofCqlC Canaven!
OrdiIlancc No. 19-2006
Page 2 of 8
DRAFT March 27, 2007
l1P.n~itv C:ommercial zoninll districts: and
------P.l' -------- ----. -.- - .
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby frods this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as foUows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose ofthe City Council ofthe City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and <itiii.....vut
type indicates deletions, while asterisks (* · *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
OnUfia!1Ce );
CHAPTER 110. ZONING
ARTICLE I, IN GENEKAL
Sec. 110-1. Definitions.
The following words, tenns and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning;
1i1i*
Resort dwellim: shall mean any individually or collectivelv owned one-family. two-family.
three-faIIlilv'l or fow-fa&.uilv dwenin~ bouse or dwelling unit which is Tented mon; thail three (3)
times in a calendar year for periods ofless than thirty (0) days or one (1) calendar month. whichever
is less. or which is advertised or held outto the public as a place rep;ularlv rented for periods ofless
than thirty (30) dayS or one ( I) calendar month, whichever is less.
* * *
ARTICLE VII. DISTRICTS
City Df Cape CanavcI1l1
Ordinance ND. 19-2006
Page 3 of 8
DRAFT March 27, 2007
***
DIVISION 2. R-l LOW DENSITY RESIDENTIAL DISTRICT
Sec. 11()..271. Intent.
The requirements for the R-Ilow density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 1l()"272. Principal uses and structures.
The principal uses and structures in the R-Ilow density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. D..."l1;ug uuil h;n:!db vfk"'3 t:11All s(.,ven day~ Ai!' ptvhibitcd.
***
DIVISION 3. R-2 ~EDrUM DENSITY RESIDENTIAL DISTRICT
Sec. 11 O~:Z91. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amoWlt of open space for such development. Further. the provisions herein are intended
to promote areas free from congestion and overpopulation. to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area,
See. 110-292. Principal use-s and structures.
In the R.2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
City of Cape ClWa'Vcral
Ordinance No. 19-2006
Page 4 of 8
-
DRAFT March 27, 2007
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre;
auJ dw..lI1ll& ..nit l'(.ntals on""" tha.u ~~"'ll cia)'" o\JG G^p1..""I) jJlah:ib~tcd.
*.*
DIVISION 4. R-3 "MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 1l0-31l.lntent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety 0 fhousing types. Lot sizes and other
restrictions are intended to promote and protect medium density re sidential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
See. 110-312. Principal uses and structures.
In the R~3 medium densit'j residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than ] 5 dwelling units per net residential acre;
Q.u~ J...""n:,u,6 lw~t ,,~.utAl~ ...,f!~S5 tLa.r. ~~..""..i AA.i~ aI... -..)..jAw5~1, ti.v!Jl,:t-J.
***
DIVISION S. C-l LOW DENSITY COMMERCIAL DISTRICT
***
City of Cape ClUlaveral
Ordinance No. 19-2006
Page 5 of 8
@
DRAFT March 27, 2007
See. 110-332. Principal uses and structures.
In the C-} low density commercial district. the following uses and structures are permitted;
***
(15) Resort dwellings duly licensed bv the state.
***
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION l. GENERALLY
***
Sec. 110-485. Resort Dwellln1!s: nonconforming use status: expiration.
(a) Subie-et to strict compiiance with the requirements set forth in subsections (b) and ( c)
of this section. any resort dwelling mdsting as of November 21. 2006 on real nropen.y: zoned
f{ -} , f{ -2, Of R- 3 shall be deemed a fioficonformmll: use subiectto the provisions of Chapter
IIQ, Artkle V, Nonconformitic-ii. of this Code.
(b) In order to be considered existing as of November 21,2006, the person claiming a
nonconforming resort dwelling on real property zoned R-I. R-2, or R-3 must demonstrate
that as ofNovemher 21.2006, the resort dwelling was licensed bvthe Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation and
applicable transient rental taxes pursuant to section 212.03. Florida Statutes, have been duly
pa.id. Fw.....ther. said pe~.,.on must also demonstrate that t.~e resort dwelling is in compliance
with thecertificateofoccupancvrequirements set forth in section 110-121, City Code within
ninety (90) dayS of the effective date of this ordinance.
(c) Any person claiming that a resort dwelling should be deemed nonconforming under
this section shall be required to file an application with the citY managerwithinthirtv (30)
days of the effective date of this ordinance. The application shall be on a form provided by
the city manager and shall be for the purpose ofverifving whether or not a particular resort
dwelling should be deemed nonconforming under this section. The application shall be
accompanied with copies of all applicable licenses. tax receipts, and certificate of
occupancies which are necessary for the city manager to determine whether or Dot the resort
dwelling should be declared a nonconforming use. In the event a person demonstrates
City ofC.pc C&n!lvlll'lll
Ordinance No. 19-2005
Page 5 of 8
DRAFT March 27, 2007
comoliance with the license and tax requirements set forth in paragraph (b), but can not
demonstrate ooInolia.'1Ce with t..lte certificate of occupancy reQuirement5 at the time the
application is filed, the city manaRer shall render a final decision on the aoolication at the
time the requisite certificate of occupancy is filed with the city mana~er. or at the end ofthe
ninety (90) day time oeriod. whichever occurs first. Upon verification that a nonconforming
resort dwellinlot use status exists. the city manager shall issue to the applicant a written notice
of nonconforming use status for the particular resort dwelling. Upon the passing of the
application deadline set forth in this subsection, all persons shall be barred from claiming
nonconforming use status under this section.
(d) Any resort dwelling deemed nonconforming pursuant to this section shall lose its
nonconforming status if anyone (I) of the following occurs:
(1) The resort dwelling use is abandoned pursuant to section 110-197 of this
Code:
(2) The Division of Hotels and RestlUlTaIlts of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's license for
whatever reason. or if saidJicense should otherwise expire or lapse at any time.
Sec. ii0-486. Rental Restrictions OD DwelliDl!: Units.
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days.
'ft..
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions, All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or lener, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
City of Capo Canavon.1
OrdiIlance No. 19-2006
Paso 7 of 8
DRAFT March 27, 2007
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
." r~_n_"'.ar. A;~"~:n~" n....,J ;.....,.I~_Y\"'_.. ~.._'U';L"~",... or:'I...d ....~,...J.,. 'b_1A;...._ WOoJ..n.lt ...."... n,w"""'...... +1,_ .r....l:~:.,.. .....&' ""\..~
u. ~~t'''-lg."'''' U,hJlfo.,U:.\....""~..... .uQ:vp""".u.........:...l".UT,j..,,""'.I..LJ u.uu ow.v~. r.,n""W.&.U.6 ~'.&,,"1. uv.. Q,A...."''''. IoLlv YQ.liu.Hl VI. UJ.W
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of
,2007.
ROCKY RANDELS, Mayor
A TIEST: For Against
Bob Hoog - -
Leo Nicholas - -
Buzz Pcblol - -
Rocky Randel. - -
SUSAN STILLS, City Clerk c, Shannon Roberts - -
i" Lcglli Ad Published:
Fint Reading: --
2M Legal Ad publisbed:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
-.
ANTHONY A. GARGANESE, City Attorney
City of Cape Canlvcnll
Ordln.ncc No. 19-2006
Page 8 of 8
--
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Oebra S. Babb-Nutcher Offices in Orlando, Kissimmee, Cocoa, Vivian Cocotas
1...._............. E:' Dli....h 1'1. Tm1i"l..rrh!" &: T~mn~ Michael O'Brien Colgan
U'U,;)vl-"l '-. IJIH'-'ll - .. __________ __ - 'U'..j,_ "
Usher L. Brown · t"'>__~ I I""\___l_l_
Ol...VUoJ. VVI11;:)1t;;1II
Suzanne O'AgrestaD Mitchell B, Haller
Anthony A. GarganeseO Katherine W. Latorre
J.W. Taylor Amy J. Pitsch
Jeffrey S. Weiss -
-
Erin J. O'Leary
Catherine D. Reischmann
'Board Certified Civil Trial Lawyer William E. Reischmann, Jr.
"Board Certified City, County & Local Govemment Law Of Counsel
March 30, 2007
Via Email Correspondence
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Resort Dwelling Executive Summary
The City Council and Planning and Zoning have held numerous meetings and have evaluated
ml1lierOUS proposals regarding the regulation of vacation rentals within the City. Given the nurnber
of meetings and proposals, I felt it would be helpful to provide the following executive summary of
the most recent draft ordinance.
A. Purpose
The proposed ordinaIlce is a zoning regulation. It re.gulates the use of land \vithin the Cjty~
The specific purpose of the proposed ordinance is as follows:
1. It adds the statutory definition of "resort dwelling" to the zoning code.
Resort dwelling is a statutory term of art that will be incorporated into the City Code. Section
509.242(1 )(g), Florida Statutes, provides:
Resort dwelling shall mean any individually or collectively owned one-family, two-family,
tl1fee-family, or four-family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods ofless than thirty (30) days or one (1) calendar month, whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods ofless
than thirty (30) days or one (1) calendar month, whichever is less
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firrn@orlandolaw.net
Bellllett Boucher
March 30, 2007
Page 2 of5
This is a difficult definition to apply. Stating it a different way may be helpful. For example,
in order for a dwelling unit to be classified as a resort dwelling, the unit must
A. Be a one, two, three, or four family dwellil1g hOllse or unit; and
B. One or both of the following must be met:
(1) The unit must be rented more than three (3) times in a calendar year and the rental period
must be less than thirty (30) days or one calendar month, whichever is less; and/or
(2) The unit is advertised or held out to the public as a place regularly rented for the time
periods stated in (l).
2. It adds resort dwellings to tbe list of principle uses iu tbe C-I zoning district.
Currently, "resort dwellings" are not listed as either a principle or special exception use in
any zoning district The City Code provides that "all uses and structures not specifically Qr
provisionaUy permitted [in the zoning district classifications] are prohibited." Therefore, resort
d\vellings are teclnlically not an allov-Iable use in the City. The purpose of this Ordinance is to
expressly permit resort dwellings within the C- I commercial zoning district. Thus, resort dwellings
will continue to be prohibited in every other zoning classification.
B. Grandfather Existing Resort Dwellings.
1. General Background
Despite the fact that resort dwellings are not technically an allowable use in the City, the City
Manager has uncovered during the public hearing process the fact that the State of Florida has issued
apprcxLilately seven (7) resort dwelling licenses in the City of Cape Canaveral. These resort
dwellings have also apparently complied with the City Code provision that prohibits the rental of
dwelling units for less than seven days. It is my understanding that these resort dwellings are not
located on property that is zoned C-l. Given these facts, the Council has wrestled with the issue of
grand fathering (nonconforming status) these, and perhaps other, resort dwellings operating within
the City.
2. Wbo is Grandfatbered?
Upon adoption oftheproposed Ordinance, any resort dwelling located in the R-I, R-2, or R-3
zoning district will be grandfathered as a nonconforming use, provided:
A. The resort dwelling was in existence on November 21,2006;
B. The resort dwelling was licensed by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation on November 21,2006;
Bermett Boucher
March 30, 2007
Page 3 of5
C. Applicable transient rental taxes pursuant to section 212.03, Florida Statutes, have been
,1..1.. _~:A. ^_A
UUl] palU) ~
D. The resort dwelling is in compliance with the certificate of occupancy requirements set
forth in section 110-121, City Code within ninety (90) days of the effective date of this ordinance.
However, although it is within the council's discretion to grandfather certain resort dwellings
through the adoption of an ordinance, it may be questionable whether any resort dwelling currently
operating within the City would meet the generally accepted legal definition of a grandfathered use.
Typically, in order to be considered "grandfathered," the use must have been lawfully in existence
before a change in law made them unlawful. In this case, although several resort dwellings were
licensed by the State, the City Code appears to prohibit resort dwellings because they are not listed
as a principle or special exception use in any zoning district.
Furthermore, as explained below, resort dwellings, as a transient use, have a different
occupancy classification than permanent residential dwellings under the Florida Building Code.
Converting a permanent residential dwelling to a transient residential dwelling, like a resort
dwelling, requires that the building official issue a new certificate occupancy. In order to receive a
new certificate of occupancy, the resort d'.velling must satisfy the applicable building and fire codes
for transient residential dwellings. See e.g., Section 110-121, Cape Canaveral Code.
It is uncertain at this time whether the existing resort dwellings which are licensed by the
State are in compliance with the applicable building and fire codes. Thus, if it is determined that
these resort dwellings are not in compliance, it is doubtful they would tech..nically be declared
"lawfully" in existence at the time this Ordinance was adopted by the City Council.
Therefure, it is debatable w"hether these licensed resort dweHings wouid be entitled to
nonconforming status under the law because they are technically not in compliance with the City's
current zoning code and may not be in compliance with the City's certificate of occupancy
requirements and Florida's Building and Fire Prevention Codes. Notwithstanding, the City Councii
can expressly provide nonconforming status by this Ordinance.
3. Who Authorizes Grandfathered Status?
Under the Ordinance, the City Manager must authorize a resort dwelling being declared a
nonconforming use. The proposed Ordinance provides a procedure for eligible resort dwellings to
receive such a declaration. Particularly:
A. An application must be submitted within thirty (30) days of the adoption of the
Ordinance;
B. The application shall be accompanied with copies of all applicable licenses, tax receipts,
and certificate of occupanci es which are necessary for the City Manager to determine whether or not
the resort dwelling should be declared a nonconforming use.
0\
( --/
~""
Belll1ett Boucher
March 30, 2007
Page40f5
If the applicant demonstrates compliance with the nonconforming status requirements, the
City ~T1a..~ager shaH issue a \"fritten notice of such status. Ji._T1yperson seeking nonconforming status
after the thirty (30) day time period will be barred from seeking nonconforming status.
4. Can Grandfathered Status Be Terminated?
If nonconforming status is granted by the City Manager, it may be terminated if:
A. The resort dwelling use is abandoned under the nonconforming use section of the City
Code; or
B. The State of Florida revokes the resort dwelling's license or the license expires or lapses.
C. Other Technical Amendments.
The proposed Ordinance also:
1. Restates the Minimum Seven (7) Day Rental Requirement In The Supplemental Zoning
Regll!ations~
A ne",'v section 11 O~486 is created that provides, "It shall be unla\vfiJI for any person to rent
a dwelling unit for less than seven (7) consecutive days."
Because this provision will be codified in the supplemental zopjng regulations, the seven day
minium rental requirement will apply to a dwelling unit in any zoning district, including resort
dwellings.
2. Clarifies the Intent and Purpose of the R~l, R-2, and R-3 Zoning Districts.
The following language wiii be added to the R-l, R-2, and R-3 zoning districts to declare that
the districts are intended to be "free from congestion and overpopulation, to promote the pemlanent
residency of single families and to enhance and maintain the residential character and integrity of
the area."
D. Other Policy Considerations.
1. The North American Industry Classification System, United States, 2002 Edition, classifies
"Lessors of Residential Buildings and Dwellings" (531110) as an industry comprised of
"establishments primarily engaged in acting as lessors of buildings used as residences or dwellings,
such as single-family homes, apartment buildings, and town homes. Included in this industry are
owner-lessors and establishments renting real estate and then acting as lessors in subleasing it to
others. The establishments in this industry may manage the property themselves or have another
establishment manage it for them."
Bennett Boucher
March 30, 2007
Page 5 of5
Therefore, it appears that resort dwellings should be categorized as an industry, not a
residential use.
2. Section 110-121, Cape Canaveral Code provides:
No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of
occupancy therefor. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of the city code or
any other applicable law. If issuance of such certificate is refused, the
building official shall state such refusal in writing with the reason. A
temporary certificate of occupancy may be issued by the building official
for a period not exceeding six months during alterations or partial
occupancy of a building pending its completion, provided that such
temporary certificate may require such conditions and safeguards as will
protect the safety of the occupants and the public.
According to the building official, a resort dwelling is a transient residential type use
ciassification under the Fiorida Buiiding Code~ It does not have the same use classitication as a
permanent residential use. In other words, in accordance with section 110-121, if a property owner
converted, or sought to convert, a permanent residential use to a transient residential use, like a resort
dwelling, the property must be inspected to ensure that the dwelling complies with the applicable
provisions ofthe Florida Building and Fire Prevention Codes and a new certificate of occupancy will
need to be issued ifihe dwelling were in compliance.
Consequently, substantial life safety issues are at issue whenever a permanent residential
dwelling is converted to a transient residential dwelling. Again, it is unclear at this time whether the
existing resort dwellings, whether licensed by the State or not, have been properly inspected to
determine compliance with appiicabie building and fire codes. Should the City Council decide to
grandfather the resort dwellings already licensed by the State, the proposed ordinance will require
that the resort dwelling seek, and receive, from the City a new certificate of occupancy under the
transient residential use classification set forth in the Florida Building Code. If the resort dwelling
can not comply with the building and fire codes within that time period, the resort dwelling will not
be grandfathered.
I look forward to discussing this matter more fully at the City Council meeting.
City Manager's Office
Memo
To: Mayor & City Council Members ""
From:Bennett Bourner, City Man~~
CC: Planning & Zoning Board Me ers
Date: 01/05/2007
Re: Resort Dwelling - Analysis of Comprehensive plan and Land Development
regulations.
I recently completed a review and analysis of the Comprehensive plan and Land
Deve!opment regulations and the following are my findings.
The coi'TIprehensive plan housing element deais mostly with affordable housing by
encouraging it and other types of housing.
If resort dwellings were an official permitted use, this could take housing inventory out of
the market.
The comprehensive plan future iaiid use element deals mostty with protecting the
residential character of the residential zoning districts.
The City currentiy does not define - resort dweUing in our Land Deveiopment Regulations,
(LOR's).
These are the definitions in the City LOR code describe residential uses;
Dwelling, multiple-family, means a residential building designed lor or occupied by three or more
liunilies, with tht: number of families in residence not exceeding the number of dwelling units
provided.
Dwelling, single-family, means a detached residential dwelling lmit other than a mohile home,
designed lor and occupkd by one family.
1
-.,.
Dwelling. two-family, means a detached residential building containing two dwel11ng units,
designed lor occupancy by not more than two families.
Dwelling unit or living unit means One room or rooms connected together, constituting a separate
independent housekeeping estabiislunem for owner occupancy, for f'i!nt or lease, and physica1Jy
separated from any other rooms or dwelling units which may be in the same stnlcture and
containing independent cooking and sleeping facilities.
Family means a person or a group of persons related to each other by blood Dr marriage or
a group of not more than four adults who are not necessarily so related, living together
under one roof as a single household unit.
Residential district means that area set aside primarily for use as low and medium density
residential housing.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as
follows:
Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel. Dwelling unit rentals of less than seven days are prohibited.
(Code 1981 9637.03)
Sec. 110-275. Prohibited w~~e$ .md ~tnj(.;tYi"as.
In the R-1 low density residential district, all uses not specifically or provisionally
permitted in this division and any use not in keeping with the single-family residential
character of the district, including two~family and multiple-family dwellings, townhouses
and mobile home parks, are prohibited.
(Code 1981, g 637.09)
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district the principal uses and stiuctures
shall be:
(1 ) Single-family dwellings;
/')\ Tu.lo""'\ F""Illl"l""\ilu Al&J"~lIi"t..u''P
\"'J I VVV-ICU I IllY UYVl;OlI1J I~"J
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of less than seven days are expressly
prohibited.
(Code 1981, S 637.17; Ord. No. 17-96, S 1, 10-1-96)
. Page 2
Sec. 110-295. Prohibited uses and structures.
In the R-2 medium density residential district, all uses and structures not
soecificallv or orovisionaiiv oermitted in this division ara orohibitAti
-... - -- .....i . -... ... ". - ...- ---- ...- - - r--------~_.
(Code 1981, S 637.23)
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures
shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of less than seven days are expressly
prohibited.
(Code 1981, S 637.31; Ord. No. 17-96, S 2,10-1-96)
Sec. 110-315. Prohibited uses and structures.
In the R$3 medium density residential district, all uses and structures not
speclficaily or provisionally permitted in this division are prohibited.
(Code; 98;, S} 637.37)
After you review the above, resort dwelling as defined by the State below, is not a
permitted use in any of the City's residential districts.
The state of Florida defines resort dwelling as - a resort dwelling is any individually
or collectively owned one-family, two-family, three-family, or four-family dwelling
house or ch,",elling unit Which is rented more than three times in a calendar year for
periods of less than 30 days or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly rented for periods of less
then 30 days or 1 calendar month, whichever Is less.
Additionally, (this is an important point) you can rent a unit for a week or longer under the
current code and not trip the State's definition of a "resort dwelling" and be a conforming
use. This can occur when the frequency of the rental does not meet or exceed the State's
definition.
. Page 3
If you rented a unit that tripped the State's definition of a "resort dwelling" then you are in
violation of the City's code because this use is not defined or listed as a principal use in the
R-1, R-2 and R-3 zoning districts.
If the City were allow "resort dwellings" as a permitted use, I believe there would be
comprehensive plan consistency issues that would have to be addressed in order to allow
this type of use within the City's residential districts.
. Page 4
yage 1 ot I
Bennett Boucher
From: Todd Morley fmorley-cape@cfl.rr.comJ
Sent: Tuesday, March 20, 2007 4:24 PM
To: 'Bennett Boucher'; 'Anthony Garganese'; 'Bob Hoog'; 'Buzz Petsos'; 'C. Shannon Roberts'; 'Leo
Nicholas'; 'Rocky Rande/s'
Cc: dsargeant@ccvfd.org
Subject: RE: resort dwelling
Hello everyone.
The Florida Building Code breaks down residential occupancies into 4 categories (RI. R2. R3 &R4). We have to
be careful not to confuse these with our City zoning classifications _ a very different issue.
R I is transient residential (less than 30 days).
R2 is permanent residential (more than 30 days) and multi-family
R3 is permanent residential (more than 30 days) and one or t\\'o-family
R4 is residential care/assisted living facilities for not more than 16 occupants.
If a property owner wishes to change from one Occupancy classification to another. both the Building Code and
the City Ordinance (Sec. 110-121) require a that person apply for and obtain a pennit for a change of occupancy
classification. A permit and inspections will be required. A Certificate of Occupancy must be obtained for the new
use.
There are occupant load compliance issues. R2 and R3 permit one occupant tor every 200 s.f. That means a 3.000
s.f transient residential unit could have 15 Occupants.
If a property achieves a Change of Occupancy Classification to Rl. then the fire code ailows one Occupant for
ever.y 150 s.f. That means a 3.000 s.f. transient residential unit could have 20 occupants. There are 25% more
people and they are transient. So this becomes a more intense use as far as iife safety.
When changing to a new. more "Jife-safety-intense" occupancy classification (i.e. from R3 to Rl). the building
code specifies that a number of improvements must be made to protect life safety. Among the requirements the
Fire Dept. and Building Dept. are currently reviewing are provisions for a fire protection system. a fire aJann
system. separation requirements. egress modifications. plumbing facilities and ADA modifications. There wiI!
also be zoning code compliance issues (i.e. parking spaces and sewer impact fees).
nl let you know more tonight.
-Todd
3/20/2007
City of Cape Canaveral
Date: October 10, 2006
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Baa McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council
Proposed Ordinance No. 19-2006
Clarifying The Intent Of The R-1, R-2. and R-3
Regulations Residential Zoning Districts
- -- - --
At the Planning & Zoning Board meeting, held on September 27,
2006, by a vote of three for and tllO against, the Board recommended
approval of the above referenced proposed ordinance.
Please schedule this item for an upcoming City Council meeting.
105 Polle Avenue · PO&t Office Box 326 · Cape Canaveral, FL 32910-0326
Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247
www.m;yflorida.comlClpC · cmail: =pccuuvcra.!@dl.rr.com
PLANNING & ZONING BOARD Page 1 of 4
PLANNING & ZONING BOARD
MEETING MINUTES ~
SEPTEMBER 27, 2006
A Regular Meeting of the Planning & Zoning Board was held on September 27, 2006, 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 PRES,ENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
OTHER~PRE$ENT
Duree Alexander Acting Secretary
Todd Peetz City Planner
Kate Latorre Assistant City Attorney
Bennett Boucher City Manager
Robert Haag r.1ayor Pro Tern
Buzz Petsos Council Member
NE\N BUSINESS:
...
1. 8QQrov9Lof Meeting Minutes: Septemper 13, 2006.
Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of
September 13, 2006. Vote on the motion carried unanimously. 1'7
//
2. Review and Recommendation to City Council Re: Proposed Ordinance Regarding Vacation f:.~
Rentals - Kate Latorre, Assistant City Attorney.
-
Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda
item was discussed several months ago and most of the issues had been resolved at that time.
The item was put on hold to see the outcome of the Brevard County lawsuit regarding short
term rentals. However, at the last City Council meeting the Council requested staff move
forward with the item. tl
Kate Latorre, Assistant City Attorney, explained that this ordinance had been revised based on
City Council recommendations to prohibit vacation rentals for less than ninety (90) days in the
R-1, R-2, and R-3 residential zoning districts.
She stated that the Brevard County lawsuit was in the beginning stages and that no significant
ruling had been made which would provide any type of guidance. Consequently the Council
requested that staff move forward and prepare the ordinance.
Chairperson McNeely asked if the City Council had any specific recommendations.
http://www.myflorida.com/cape/Archived%20 Minutes/P &Z/2006/09- 2 7 -06 .htm 4/23/2007
PLANNING & ZONING BOARD Page 2 of 4
Planning & Zoning Board
Meeting Minutes
September 27, 2006
D.",..,o ')
. ""'~'-.....
Kate Latorre, Assistant City Attorney responded that the City Council's specific instructions
were to prohibit vacation rentals in all residential zoning districts for single family dwellings or
multiple family dwellings with four (4) or less units for periods of less than ninety (90)
consecutive calendar days, which would exclude larger condominiums and apartment
complexes.
She stated that the intent of each zoning district was amended to further explain and promote
the City's intent for permanent residency of families in these districts; the ordinance specifically
prohibits what staff has defined as "transient commercial use" in these zoning districts and has
been added to the definition section of Chapter 110; to avoid conflict, the sentence "dwelling
unit rentals of less than seven days are expressly prohibited" has been stricken from the R-1,
R-2 and R-3 residential zoning districts.
Bea McNealy, Chairperson asked if there was a provision for penalties in the ordinance.
Kate Latorre, Assistant City' Attorney responded that there was no provision in this particular
ordinance; however, she asked that the Board consider a period of time for existing rentals to
come into compiiance.
There was open discussion by the board members regarding the ninety (90) day time limit
recommended in the proposed ordinance; the issues of short term rentals in regards to noise,
parking and number of people residing in the units for short periods of time; and the effect on
the long term residents.
nF;n~!rl ni inn ",;:;;1;-0::..-1 hr.\,;; Rn:";;~rrl r.nllntu ann nthpr mllnirin::lliti",o:::. ::IrA n::>nl datinn th"" amn! mt nf
........-..-,- .......,.".....11 -_.,-- ,,_.... -'-"-'- ---.....1 -........ _e..:_. "'-.'.-.t".......".-- -.- 1_~""'!.......~III:3 ....- _...__...._,
time allowed for short term rentals.
I/~L_ i -=-L~=== ^__;.......i.__=.i. r--,.:....~ J\.u......=.............. =.....___..........d_== ':'k-.':' =6..-. b-.!:..-..o._...J .!ok=- r"'.=.;o=~~= :...,. I~~~~:"""""",,,- ...1..-.-.
r\.i::Il~ Li::IlUII~, M::;~:m:ili:;\11l vllY /'"\llUIII~Y I ~:::;!JUIIU~U 1I1i:;\l :::;II~ U~II~V~U ll/~ vUUlIlY I:::; 11I11IllIl!:J 1I1~
short term rentals to sixty (60) or ninety (90) days and that the State pre-empts local regulation
to a certain extent. She stated that due to the numerous concerns presented to City Council
that the intent of this particular amount of time is to eliminate some of the problems that are
associated with the short term rentals as previously discussed.
There was open discussion by the board members regarding permitting requirements for
existing short term rentals; fire inspections; and owner contact information being posted in the
rental units.
John Johanson asked if City staff had reviewed other City's ordinances regarding short term
rentals.
Todd Peetz, City Planner stated staff had reviewed a dozen or more ordinances ranging from
three (3) days to thirty (30) days, with some jurisdictions prohibiting short term rentals
altogether.
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PLANNING & ZONING BOARD Page 3 of4
Planning & Zoning Board
Meeting Minutes
C""...+""rnh""r ')7 ')noR.
Vv!,-,,,viiii..oiwi .....l! __~~_
Page 3
Timothy Levensaler, 419 Jackson Avenue, Cape Canaveral, stated he is opposed to the new
ordinance. He owns properties that are short term rentals in the City and has obtained all the
required licenses to operate his business. The problems that have been addressed by the
board, such as noise, number of people and parking; he has addressed with his tenants and
surrounding neighbors. He stated that he has posted his personal contact information in all his
rental units and resides at one of the short term rental properties. He stated that he felt the
only problem may be parking.
Burt Patrick, prior City Manager addressed compliance with the current zoning ordinance
which allows pre-existing uses to be grandfathered and asked that the board consider
grandfathering the existing uses.
Todd Peetz, City Planner stated that a tirne amortization schedule would be created to
amortize those uses so that they would not have a giandfathering ability.
Bill Correnti, 8774 Live Oak Ct., Cape Canaveral, stated that he is opposed to the new
ordinance; he believes that long term residents are more of a problem than the short term
renters; and that short term renters are not the same as transient rentals.
Kate Latorre, Assistant City Attorney provided a definition for transient rentals.
itt1.nnie TenenbauCfll 8194 Lake DriveJ Unit 306, Cape Canaveral, stated her concerns regarding
not allowing short term rentals.
Shannon Roberts, 703 Soiana Shores Drive, Unit 505, Cape Canaveral, stated her concerns
regarding the short term rentals; the noise factor when short term rentals are introduced into a
quiet residential area; difficultly in dealing with weekly renters whose concerns are here only to ~
have fun; consideration of time shares which are different from condominium associations.
Motion by Bea McNeely, seconded by Lamar Russell that the board recommend approval of
the draft Ordinance to the City Council with the condition that an amortization period be added
for existing agreements to expire in one (1) year. Discussion followed regarding regulating
noise; number of people; enforcement; type of amortization schedule. Members voted as
follows: Donald Dunn, for; John Fredrickson, against; Bea McNeely, for; Harry Pearson,
against; and Lamar Russell, for.
Motion passed three to two.
OPEN DISCUSSION
Bea McNeely, Chairperson opened the floor for discussion.
http://www.myflorida.com!cape/Archived%20 Minutes/P &Z/2006/09- 2 7 -06.htm 4/23/2007
f?d-b
e /11 &
1- d- 0"7
ORDINANCE NO. 19-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
ThE R-l, R-2,AN!) &-3 RESIDENTIAL ZONlt,G DIS'i'.KiCTS;
DEFINING THE TERM "TRANSIENT COMMERCIAL USE;"
PROIDBITING TRANSIENT COMMERCIAL USES IN THE
R-l, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR
SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY
DWELLINGS WITH FOUR (4) OR LESS UNITS FOR
PERIODS OF LESS THAN NINETY (90) CONSECUTIVE
CALENDAR DAYS; ESTABLISHING AN AMORTIZATION
SCHEDULE FOR TRANSIENT COlVlMERCIAL USES IN
RFSIDENTIAL WNING DISTRICTS WHICH WERE IN
EXISTENCE, LICENSED BY THE STATE AND PAID
APPLICABLE STATE TRANSIENT RENTAL TAXES BY
DATE CERTAIN AS SET FORTII IN TIllS ORDINANCE;
PROVIDING FOR EXTENSIONS; MAKING CONFORMING
AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110,
ZONING; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINA.~CES AND RESOLUTIONS;
INCORPORA TIONINTOTHE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article vm, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on transient commercial uses of residential dwelling units serve a
substantial governmental interest in preserving the character and integrity of residential
neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of
Carmel-By-The-Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that arc free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City Council has considered and relied upon, in part, studies entitled A
Rezoning Study, prepared by Tuttle-Armfield-Wagner dated May 2, 2005 and Brevard County
Economic Analysis of Residential Rezoning Draft Report, prepared by Tindale-Oliver & Associates,
City of Cape Canaveral
Ordinance No. 19-2006
Page 1 of 8
rd-b
9'-":<7-DS
Inc. dated May 2005 for purposes of determining a reasonable time period, formula and procedure
for amortizing nonconforming transient commercial uses; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and ;:)L.ikc.out
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
fortb in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CK!\PTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
***
Transient commercial use means the rental or use of a residential dwelling unit as a bed and
breakfast. hostel. hotyl. inn. lodlje. motel. resort or other transient lodg-ing uses for com.pensation.
money. rent. or other bar~ained for consideration ~iven in return for occupancy. possession or use
of the dwelling unit.
***
ARTICLE VII. DISTRICTS
***
DIVISION 2. R-t LOW DENSITY RESIDENTIAL DISTRICT
City of Cape Canaveral
Ordinance No. 19-2006
Page 2 of 8
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Sec. 110-271. Intent.
The requirements for the R-Ilow density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
ove(population. to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
***
See. 110~275. Prohibited uses and structures.
!ill.. The transient commercial use of a sing:le-familv dwelling for less than ninety (90)
consecutive calendar days is prohibited. However. any dwelling beioi utilized as a transient
commercial use. which was in existence and licensed by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation on (INSERT
DATE) and that has paid applicable transient rental taxes pursuant to section 212.03. Florida
Statutes. shall be subject to the amortization provision in section 110-485 of this Code.
ill II! the R-l 10""' dt;n!.it, lc-!.idGntia:1 di~t:Ikt, ail All other uses not specifically or
provisionally permitted in this division and any use not in keeping with the single-family
residential character of the disLrict, including two--farn1!y and multiple-farlli1y dwellings,
townhouses and mobile homes parks, are prohibited.
***
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medi urn density residential development with a variety of housing types. Lot sizes a.."1d other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further. the provisions herein are intended
to promote areas free from congestion and ovet:population. to promote the permanent residency of
families and to enhance and maintain the residential character and inte~rity of the area.
***
Sec. 110-295. Prohibited uses and structures.
ill. The transient commercial use of a single-family dwelling or a multiple-family
dweI1in~ with four (4) units or less for a period ofless than ninety (90) consecutive calendar
days is prohibited. However. any dwelling being utilized as a transient commercial use.
City of Cape Canaveral
Ordinance No. 19-2006
Page 3 of 8
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which was in existence and licensed by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation on (INSERT DATE) and that has paid
a.pplicable transient rental taxes pursuant to section 212.03. Florida Statutes. shall be subiect
to the amortization provision in section 110-485 of this Code.
.au.. Dwellini unit rentals ofless than seven (7) days shall he prohibited in multi-family
structures of five (5) units or more.
~ Iu the R-2 hlcdit'hll delJ.;)tt) IGsld"'llLi<1l di"L.iGt, zdl All other uses and structures not
specifically or provisionally permitted in this division are prohibited.
***
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further. the provisions herein are intended
to promote areas free from cnngei<tion and ovel1lopulation. to nwmote the permanent resideencv of
families and to enhance and maintain the residential character and integrity of the area.
***
Sec. 110-315. Prohibited uses and structures.
.uu The transient commercial use of a single-family dwelling or a multiple-family
dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar
days is prohibited. However. any dwellin~ beinf: utilized as a transient commercial use.
which was in existence and licensed by the Division of Hotels and Restaurants of the t''lorida
Department of Business and Professional Ree-ulation on (INSERT DATE) and that has paid
aoolicable tI\lnsient rental taxes oursuant to section 212.03. Florida Statutes. shall be subiect
to the amortization provision in section 110-485 of this Code.
M Dwelling unit rentals of less than seven (7) days shall be prohibited in multi-family
structures of five (5) units or more.
~ In the R-J n,Gdiam d':'lisiL) ,..."idGUtizd disukt, <111 All other uses and structures not
specifically or provisionally permitted in this division are prohibited.
***
City of Cape Canaveral
Ordinance No. 19-2006
Page 4 of 8
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ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
*"''''
Sec. 110-485. Dwellings: transient commercial use: amortization schedule: extensions.
ill Any dwelling which is subiect to this section shall cease operating as transient
commercial uses within one ( 1) year from (INSERT DATE). and shall thereafter be used in
a manner consistent with the zoning district applicable to the property where the dwelling
is located.
.ilil. Owners of any dwellinl: which is eligible for amortization under this section shall
provide written proof of state license and payment of applicable state transient rental taxes.
!d Extensions.
ill Owners of dwellings subiect to this section who cannot reasonably recover
their allowable unrecoverable costs within one ()) year after (INSERT DATE) may
file a written request for an extension on the grounds that the one (1) year
amortization period is insufficient with respect to an individual transient commercial
lise. Such extension request shall be filed with the City Manager within ninety (90)
days from (INSERT DAt Bl. Faiiure to file a request for an extension within said
time veriod shall bar the filini of an extensiQ!).
ill. The amortization period is to be determined by (INSERT DECISION
MAKING BODY /PERSON) using the following formula: Allowable unrecoverable
costs divided by annual transient commercial use income equals the number of
amortization years. or fraction thereof.
ill The owner of the dwelling has the burden of proof by p~ponderance of the
evidence to present sufficient documentation evidencing the values for allowable
unrecoverabJ~~osts and estimated annual income.
ffi Allowable unrecoverable costs means thos~ costs that are specifically related
to managing a transient commercial use. Allowable unrecoverable costs must be
costs incurred for the sole use in the transient commercial use. Such costs include but
are not limited to: costs associated with state licensure (safety signs. fire
extin~ishers. etc.): kitchenware (silveIWare. pots. pans. dishes. etc): linens and
bedding (tablecloths. sheets. pillows. etc) and furniture (beds. couches. chairs. etc).
Such costs must have accrued within five (5) years before the effective date of this
ordinance. Additionally. such costs must be depreciated 20 percent (20%) per year.
City of Cape Canaveral
Ordinance No. 19-2006
Page 5 of 8
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12L Allowable unrecoverable costs does not mean costs that add value to the
property despite its use. Such ineligible costs include but are not limited to: roofing
repairs: landscaping. including paving: pools. hot tubs and jacuzzis. room
expansions: remodeling: and air conditioning systems.
@.. Annual transient commercial use income means the income received from
rents of the transient commercial use minus expenses incurred solely for operation
of the transient commercial use. Expenses for operating the transient commercial use
include but are not limited to: mortgage interest for actual rental periods: commission
to a rental agent: utilities. ordinary maintenance (not maior repair): and cleaning
services. Expenses not directly related to the operation of the transient commercial
use such as mortgage interest for non-rental periods are not to be included in the
calculation of transient commercial use income.
ill In determining the amortization period. the (INSERT DECISION MAKING
BODY /PERSON) shall consider any bona fide contracts entered into before
(INSERT DATE) for violation with the Impairment of Contracts Clause. Article I.
Section I 0 of the Florida Constitution and adiust the amortization period to lawfully
address the term of the existing contract.
***
Section 3. Confol'mjng Amendments. The following conforming amendrilents are made to
Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, t'lori& (underlined type
indicates additions and ",ti~k.eol1t t;pe indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 110. ZONING
***
ARTICLE VII. DISTRICTS
***
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS
*"'>Ie
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-llow density residential district are as follows:
City of Cape Canaveral
Ordinance No. 19-2006
Page 6 of 8
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Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. Dwdli.ng nu~l !-.ntal.5 of leslI than se,eil days l1ie plOhibitGd.
***
DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
***
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
t~ot\i{ithstandiTIg the foregoing~ there shall be no more L1.aIl 15 d\'velling units per net residential acre;'
"'.lId J..dllue; uHit ....llW" vfl....;s thm. 11".':11 dZ()IIIllG ...xp,,-,,,,ly fllUl,ilAte.d.
***
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
***
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre. lilld dwdliJlg uJlit .Gntab u[ less thaI. seven dayS alG GAI:J!-.M.ly fllUI,ibitcd.
City of Cape Canaveral
Ordinance No. 19-2006
Page 7 of 8
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Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of
,2006.
ROCKY RANDELS, Mayor
A TIEST: For Against
Burt Bruns
Bob Hoog
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal fonn and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 19-2006
Page 8 of 8
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Application for Resort Dwelling Amortization
Pursuant to City of Cape Canaveral Ordinance 19-2006
Resort Dwelling Address:
Owner Name:
Owner's Maiiing Address:
.
Contact Phone Number: &;l!ii~~~, ~~,"~
. d., !I~~~~~'
DSPR License #:..""...~DafeMii,ijt~';I$4ed:
(attach copy) .~~!!~~~~,i*~:~~~i~~~ilt~~~&4,;:p ",;ii:l;~;
Sales Tax Certificate #: i,"l\:'~:~J'~)~~~~'m,ssueC:f.'i"'(':;;k'f:,r;;O'\;t:.th,"'~'; ,(:j:/t,
(attach COpy)'Ti~&~?~~~#~~~r ';":;;~~~i~,?':;~I~"
Are you requesting an impairment of contracts adjUstm~t{\r~Y:f\'i':. NO:.i,;P""
(If yes please attach copies of the contracts) , ;S~;~I~~;~;iti.:,l~~,'"~,',',"',,,.,<,',',t,~,:,"'I."~,",~,~',.'.i~".",~,,,,;
~',,, "<!"'~lt~~~~:~~~"~' .'~~~ffli~;h":\
Amortization Ad", +, ,ft'l ,e'nt R:~wtm,g,hi!lj~,~,;"", '~,'
Jy,~~~,! ,.,.~~.",.
~~t;~:'::~."~_~_:.. '~,':_, ~?~'~~l~r;<::i<i~_:~~:~~
Total Allowable Unrecoverable Costs from ~tti~~:;l'~""""..eets ("C6~~ti~'.
As defined In section 110-485(c)(4), City Code. .!!_;o;jlliy,.pit~',,!,;~\:~:6~~~i!<:, '.;'
_~,- , ,_: - 1:if,cji'-lI1:- ,',,,'_+_ .' t" ,'"
Please state the number of worksheets att~b.i~,."i"'~k':~;';~l~~~~tj,,:;; "
'ffrH~ff.j.;,:i:l:t, 'i'4i;G-; ~1::~';;'f.:'i.<..l'~'::l'-~:':I>!"';SW'
Total Rents ~ece!ved Annualize~ (.Rent$"r~t;>",'i' ..~I~!~;IJi ;ilt'i1:~'{!!~!~1l'
As defined In section 110-485(c)(6), CIty C~!J;~I>' , .i'lB~~;;~1 ~.;.,!
Please attached documents relied C>,fJ'J~jrgete'rmineiJ111&~mou.q~~11r
, f i ~1~1mITf'~~ h ~ !~:~~%~~j~;:'\:t~~1~~~i"
How many support.ng documen!~!::~~;~ftac.. ed. ,,!':;;:~:;:~i1Ji';~!~t:~~'
,:-;:>=-,,: ',':,;!;l'f ;l'.P.!,~\' '~,>t~~;i_~;~l1t~"
i'$t~$r*"~~~~;:. _ '''~l~r~~~'* '
Total Allowa.ble ~xpense~ ~~~~ffi;;1I
As defined In secbon 11~85(c:)(6), Cftj'~1i"h:!~'!
Adjusted from .~~QiI!~r.~.~heets<'t'!~iti~I?:):
;Jl;ni; ':}f:. ..:~MH~{"J;;:;.',;f~'\ '~;~:l~~~~t '~f({;F~'i~~i!~~;;;\i:~~~;i )
: '~".ll,fIt'l,' ",<;",,,,,,,."" .,.'i.lJiii,_;',','~, 'i,\11,jh{",'o'd"X!:\,':' '''c~~j!j" :~,....1 tl,:.r:, ,,;m,,::,~t}t
Please stCJt~ffjil.:o'i.Jtitb6IiQq~lf/Jeets atta'Q,. ~~IFi
,;{P~<f;~'~'" ""i'!;'.:f:~~I.l~W~[J' '"0~!iG!u\;'
:~~:;;:~i~;'.~if' Amortiza'fiq,_~rmula in years or fraction of years:
i;tj:::;grr'!;;'. ~<~~t::~~i_r~: , .':~;;;~!;r~*_~
,...~.::... "';C';'~,:";;;ll \ rlivirlHff:H~JRents ( ) minus Expen~e~ ( n
YY~'<>~:.';~~(~'\,:!,r;tJ':;' .!" I -"'--~i;~lfH-_m- - '" '" .
equals AmOrtl;Zati!:?,;}';ip.eriod ( 'I\'~~~' ).
"~~~~;~~i~~;:;ji~ii~!~~4
:. u :ii~~~r_?~:,;~V~~:3!
.;:.i2~~F~f'- =:ij ~.:.
I hereby certiW1t{;iithe information contained in this application is true and correct to the
best of my knowledge. '
Date:
Signature
Printed Name
1 Applicant must prove by preponderance of the evidence.
@-
ZOIY/H MARCH 2002
ews AMERICAN Ii
PLANNING
ASSOCIATION
Short-Term Vacation Rentals:
Residential or Commercial Use?
By Nate Hurcheson
What happens when people live and
vacation in the same town, wht:re
vacation homes and permanent
homes a1-e often side by side?
. . . A survey of almost 40 tourist-
oriented communities was taken for
~ this issue of Zoning News.
A mericam; love to vacation as much as they love their The dynamics vary from one town to the next, but the issue
. vacation destinations, and demographers have noticed. seems to grow more con tentious as more vacationers and year-
New migration patterns into some of me fastest growing round residents live next to one anOther. A survey of almost 40
communities in the country-resort towns-suggest that many tourist-oriented communities was taken for this issue of Zoning
people are relocaring to rhe places thar wete once just summer News in order to shed light on this increasingly vexing land-use
or weekend getaways. According ro Peter Wolf. aurhor of Hot phenomenon.
Towns, "A new species of American is on the move: not, as in the Relevance and Research Background
past, the need), but the comfortable, well-educated, and well-
trained; nOt me job ~c;:kt:rs and risk rak~rsl but those 'with In 20in, 1~\..PA;5 Planning Advisor; Service recorded an increase
leisure, choices, and the wherewithal to seek out the best: By in the number of inquiries about planning for and regulating
Wolfs estimates. this migration includes anywhere from shorr-term rental properties in residential areas-particularly
700,000 t;> 1.6 ;nilHon people per r~ar. The str;lOg 1990s single-family dimicts. The survey revealed mat a significam
economy brought a 'wave ot second-home purchases as petcemage experienced an increase in conflicts between these
investments and family retreats. Resort areas--coastal, and adjacent land uses. \'l{hile some have recemly drafted
moumain, and lakeside-have what these trendsetters want: ordinances to address the short-term rental problem, others are
natural beauey, fresh air, and recreation. Communities with such still in the process of doing so or have expressed the need for
amenities are prime candidates for conflicts in land-use change. and because resort communities have different attitudes
planning. toward tourism, each approaches the issue in a different way.
What happens when people live and vacation in the same
town, where vacation homes and permanent homes are onen Impacts
side by side? Regulations that govern short-rerm rentals in The impact of a short-term vacationer compared with year-round
residential districts are getting more attention as planners and residents can be significant. Seasonal populations live and work
tesidents notice that these vacadon homes can have a much in the communi\)', and thus become somewhat integrated.
greater impact on the communi\)' than those that house year- Narurally, they increase demands on infrastructure and services.
round residen ts. Angry neighbors say short-term rentals look Impacts associated with short-term vacationers, however, are
like single-family homes bur function more like commercial more nuisance related, often generating noise and light pollucion.
uses. The crux of the matter for planners is finding a balance Generally, the shorter the stay, the less inclined one might be (Q
between rhe imerests of year-round, seasonal, and vacationing respect neighbor diplomacy. Late-night music and merrymaking.
people while considering rhe effects on property rights, floodlights, garbage taken out to the street on off days, dogs at
economic vitali\)'. and the sancd\)' of residential neighborhoods_ large, illegal parking, and negligent property maintenance are
(?J)
~--"<-../
garden-variety complaints often cited by annoyed neighbors. Politics
Neighbors, planners, and property owners point to the Planners admit to a dilemma: Many property owners rely on
correlation between such problems and length of stay for the the rem streams and spending dollars generated by
rental property. In other words: the shorrer the stay, the higher vacationers, but locals want to preserve their neighborhood's
the impact, The stereotypical "weekend warriorD-trying to pack residential character. Furthermore, business owners would
the most fun into the least amount of time--will invariably prefer to see an expansion of the local vacation lodging
generate more trips to the store or beach, keep later hours, and market. When property owners are unwilling to forfeit
c:re;ttt'" :J p'rt"'at~r disrllnrinn wirh jjp-hr :md noisl:. SlilL fUf sonH: Cr;f~!il:;:l fighr~~ le~-....ing rh~m :it odds with neighbors ".vhc ':.varn:
--- - - 0-- -- ~---~.----- ----- ---Q--- . ., .
communities, the concern is not so much the negative impacts as the relative quietude expected in a single-family
the lack of community involvemenr typical of transients. neighborhood, what should be done?
Affordable Housing Indeed, people "vote with their feetD when choosing vacation
destinations or a permanent horne, so politicians try to appease
A more insidious problem with short-term rentals is their impact the greatest number of constituents, Invariably, residents will
on housing com. When property owners decide to increase their threaten ro abandon a once-beloved community or resorr locale if
"rent stream" with shorr-term rental agreements rather than renting a house on the beach or settling into a neighborhood
renting by the season or year, they essentially "squeeze" the means an endless stream of nuisances from disruptive vacationers.
(Abollc, lift) Short-u:nn rentals i71 Ship Bottom, New Jersry
Paved )'arch and (XuHive ntl.mb~rI of !leh;d~J at !hort..tlTm
rmtal hOflses aYf a comm071 complaim of mighbors. Belitllf
it or Mt. time are tbe foms illthe hOIiUi.(Abolle. rig/JI)
J\.1ost Jbort.urm renter; ar( IInaWilir ofgarbagt (Gille/ion
iCbcdu~s, (Lift) Baal and rtcrcatioll lIehidt parking is an
I unp~asant sight jOr lIcig!Jbors in Ibis MOllrot COil/II}I
F Florida, neighborhood.
..
;<,
supply of housing. pushing up the demand and, subsequently, Residents of Monroe County, Florida, put the issue on a ballot,
the cost. Ty Simrosky, planning director for Key West, Florida, narrowly deciding-51 to 49 percent-against allowing shorr-
says, ."It's another means of fina~cin~ t?e acqu~si~ion .of lo~~ term rentals in improved subdivisions (single-family districts).
hOUSing by non-local people aiid it rLiels speCUlatIon In a f1S1ng Subdivisions retained the right to vote on the issue separately.
housing market." Simrosky explains that by allowing short-term Health, Safety, and General Welfare
rentals, investors can cover the carrying coSts of a house for a year
or two while the property appreciates in value and then sell it for Historically, property owners in resort communities could rem 4
a healthy profit. Simrosky also says that while long-term home, regardless of the duration of the stay, by claiming thar the
homebuyers are strongly opposed to shorr-term rentals in a house was not used "primarily for commercial purposes." \Vbat
prospective neighborhood, investment buyers are less inclined to this really meant was that the structure could not be used for
care if a neighboring property is a short-term remaL This can such purposes for more than 50 percent of the year. However,
cn:ate a snowball effect that eventually replaces year-round planners claim that approach is difficult to monitor and easy to
neighborhood residents with vacationers. abuse. Most feel zoning codes and a licensing system offer a
Communities most affected by a housing shortage are rhose better solution despite the time and expense required for
with businesses that rely on lower-paying service and tourism administering and enforcing new regulations.
jobs. High housing costs have pushed many workers out of the Most of the surveyed communities deal with shon-term
community. even beyond commuting distance. Simrosky also rentals through the zoning code. Imperial Beach, California,
speculates that there are workers being bused in from the justifies itS interim shorr-term rental ordinance with a purpose
Florida mainland to sleep in bunk-house conditions just ro work and imenr that states "there is a current and immediate threat to
for three- or four-day periods in Key \'i7est. the public health, safety, or welfare ofjtS citizens by owners or
their agents renting or selling unitS for periods of thirty
.~4
2
@
Permitted
Regulale Spedflc Humber 01 Number
Shari-Term Ordinance Consecullve 01 TImes Ucense Vear Legal
Community Rentals Provisions' Term Used Days' Per Year By lone Required Adopled Challenges
Asp~n, .cO No
~..:.., NC' , 'yei No
Bnone" !lC, , 'No'
BurHng!On, V! No
(ope Cod, MA No
(o.me~by:the..S~a, '(A' 'yeS Yes T;o~eRI 30 'Prnhlblled 1975
(ommertlol Use
(ocoo Bea~h.'Fl' 'Yei Yel ' T;on;le~llDd~in~ 30 ' 3' Yei 7000
(oI,h05ler; vi ' No
[osie (ounty: CO Yei 'p.i/puoi
l,mp~riol a,each, ~ Yei Yes Sho~'I~rmRe~lai 30 Prohlblled Ves 2001 Ves
Isla morado, Fl 'Ves 'Yes V~(ailon Renlnl ' 18 Yei ' ' Yei
KBy'W~sl'-Fl' 'Yes 'Yes : T~a~ienllDd~lng: 30 1998 Yes
KiaWah Is~nd, $( 'Drofll~s Short,lerm Renlol ' 30 'Yei Yei In drofl
~o~gie Vo:Ue~, He Ho
Mon,hester, VI No
Moralhon; Fl' 'Yes Yes Vurojion R~nlol 30 yeS 'Ye's ' 1000
Melbourne B~o,h, cA 'yeS No , R~lo'rt Owelli~g , ' 30 Vei
MeOdotino Cnuoiy, i:A ' Ves No Tronsienl Hobilollen 30 Yei 1987
Monroe (~un!y, FL ' Yes Yel 30 Yes Yel Ves!U1held
Monterey, (A 'Yei No $ho~"e'rm' Prnhibiled
Resldenllal Renlol 30
iAUlkegon; Mi 'vei 110 ' 7' Yes No
Myrtle Beoch, SC 'Yei Yo5 Traniient 30 Yes YM
Aaommodollon
Nan'lurker: MA . 110 ' '
Yes
~ce~o ~t~ M:O : 'Ho' . . . . . . .
P.DS~O ~u~ty'_ ft. YtS Yc~ . Shiirt.ta'rm'R~fitiji 30 ' 3 'yeS . Yes 1999
$oca, ME Yei Yes Seo~rnii Renl~1 ' , 4'm~nlhs ' Prohililiad leI
O.iIX R~nl~! , 1
San'Juon County, ViA 'Yei Yes Iranslenl JO ' i~98
A,(ommadolion/
Re\ld~nre/Gue!lhQuse
Sanibel, ri 'VllS Yei : R~o~ Hou~lnq , 30 IllS 'y~ . 200i
Sonia (ful; cA IlQlrmllSil ' 1984
O(cup~ncy Tox Sh,rHerm Renlol
Sougoluck, MI Ho
Souih liov~n,Mf Yes Yes Sho~"lerm l' 'Yai IIn
Dwelling Unil
Slowe, YJ No ~
Slurgeoo Buy, WI Nalrrnnlil ~
..
Occuponcy lox f
~Ui~Vg~'5 !~Ig~d.. sr. 'v.~ . . . Yes . Vncolhm R~nlgl 18 yeS! Yes
"" 7
Telluride, CO 'Vei . Sho~"lerm' 30 XI 1m .
, O:vel,lIng UOil, I
iro~ers~ OIy;MI '110' ;.
r
Vail; CO ' , '110" z
;
Vachols, OR 'Yei Y~ T;o';ienl R~nl~1 ' 30 'Allowed in Yei 1991 f
oUZanes ,
i
This matrix is not c:xhilUSthc, E\'cry rc~onablc imempt ~ made to achieve: ;u:cur.1c)' :md thoroughness. but ,';ui~tionl in ordinance: l;1ngu:lge. format. :md leal practice: made
;1 "compl~c'" m.mb: impossible.. Th1JS1 it is m"m only as a quick reference guide for readers of this article. The $hon-u:rm rcnt.1l SUf"\'cy evoh'ed 3S it was being conducted. ~o
not:Lll questions were ilSkd uniformly or of (:'0'<:1)' survey participant.
I. This indiCltes an)" section of the code that i:s dedicated to short-term re:ntills, such:l.S interim ordinmces or :z.mendmc:nu.
1. ~gu:z.se varies from code to ,ode in terms of how they specify :l time period. W'he.re ~ month or four weeks was u$cd :z.s the length of the term. 30 d::SY$ is the: default
tCfpome:.
3. Community preferttd not be mentioned by ".me:.
4. Decision mJdc: by subdivision bylam:.
5. STRs not permitted by right in ,m)" of the %oones.
6. In most restricti\'e distncu. th')' :lre pcmi\"tt;:d to rent three ,ima or f("lv,r per rear for;l. total of 30 tby'S or less.
,~
3
(3~
'"', I
'--'/
promoting tourism may be more permissive, allowing them in To avoid a takings challenge, communities that have recencly
restricted districtS, while others will diligently protect residential enacted more restrictive codes also have included an amortization
districts. In the most restrictive communities, short-term rentals may schedule that phases out short-term renral properties. Islamorada
be prohibited outright in residential districts. Monroe County, allows twO years for amortization and Imperial Beach is proposing
Florida. prohibits them unless a majority of homeowners vote them five-year amortization. Sullivan's Island, South Carolina, requires
into a subdivision. Communities may permit short-term rentals as a proof of use as a short-term rental during the previous 12-month
conditional use or allow them only when rented fewer than four period to reduce the number of rental properties. Those that lapse
times each year. are not eligible for future licensing.
Conditional Uses and Licensing Enforcement
\Thether short-term rentals are allowed by right or as a conditional Detection of problem rentals can occur either from complaining
use, additional requirements to benefit both the occupants and neighbors or a dedicated municipal enforcement sraff. Penalty
neighbors are recommended. For example, operating a short-term fines range from $100 a day in Saco, Maine. ro $500 for each day
rental may require physical inspection to determine the safety of the of violation in Kiawah Island. South Carolina. Other penalries
structure from hazards such as /ire and over occupancy. Other include denied permit renewals, permit revocation. or
requirements might include posting a "notice to occupant" misdemeanor citations. Fines are a comparatively small expense
reminding visitors of mandatory evacuation in case of a hurricane (in for property owners whose shorr-term rentals generate healthy
prone areas) or a "code of conduct" for the neighborhood, which returns, so some owners virtually ignore the restrictions, says
might list regulations for occupancy, parking, boat dockage. fines. or Monroe County planner Marlene Conway. Saco requites
helpful information such as garbage and tecycling pick-up. Both property owners to renew permits annually. A hisrory of
should be printed in a large font and prominently displayed. complaints is kept on file and those with more than tWO recorded
Regulating by Ratio complaints will not be issued a permit for the coming year.
Administering a shorr-term rental ordinance burdens both the
Mendodno County. California. settled on an acceptable ratio of budget and staff. Issuing permits and code enforcement rakes
short-term remal properties to year-round residents: Locals deemed time and money. Permit or licensing fees and taxes on shott-term
13 year-round resident houses to one shorr-term rental house lodging can offiet these expenses. Fees vary from a fixed amount
tolerable. The community requires operating permits for shorr-term to a sliding scale based on the percent of income generated per
rental properties. An additional vacation renral permit is issued for calendar year-both of which usually amount to $100 to $200.
every 13 new residential units. The number of permits is finite but In states that gtam local governments the aut-nority to tax this
siring is still flexible. To maintain a...f1. orderly a..fld me disrribucion of type oEland use. Ll;e ta."'{es for r.ne lodging fee call tange from fout
permits, the count"f does nor allO\V them to be sold or traJlsfened~ percent on the low end to seven percent in Deschutes County.
T:'1t courny considers snorr-rt;rm ren-rals a cOITunercial i.l$i!-. ~cr#'ii1g Oregon. S;Ll1ta Cruz, California. tli."\:es 10 percent,
additional short-term rentals as part of a 50/50 mix of commetcial
and long-term residential dv..elling unirs in mixed-use disuicts. Conclusion
Legal Challenges Technology, telecommuting, and lifestyle priorities will concinue
to fuel the infiltration of newcomers ioro resort communities
Legal challenges will invariably arise in neighborhoods whete wir.n long-e>tablished residents. For these and other reasons. the
homeowners enjoying rhe comfortS of a quiet back yard are populations of traditional get-away destinations wiU surge and
suddenly interrupted by noise or light from an adjacent short- change. bringing wirh them increased pressure to adapt ro new
term rental propetry. Places with restrictions on shott-term rentals people and new land-use challenges. Deciding whether shorr-
such as Key West and Imperial Beach have faced legal challenges, term rentals are commercial or re.,identialland uses is an
\vhkh may include vesting, consistency \vit...h the comprehensive important first step in addressing the issue. Perhaps the wning
plan, definition of fumily. and allowable time for amortization. code is the best defense in preserving the rranquiiity that made
However. anecdotal evidence suggests that the longer an such places attractive in the fitst place.
ordinance has been in place. the more accepted it is. Most of the Selected ordinances from the short-term tentals survey ate
pla.nners intervie\ved ror this article \:y'ere confident in the available to ZoninJ{ News subscribers. Please contacr Michael
defensibiliry of their shon-term rental ordinances. Davidson. Co-editor. Zoning News. American Planning
Mitigation and Amortization Association, 122 South Michigan Avenue. Suite 1600.
Chicago, IL 60603. or e-mail mdavidson@planning.org.
Some of the mitigation rools used to offiet the impacts of shorr-
term rentals include having a 24-hour comact person or
management service. vehicle registration. and shorr-term rental aninI NrwJ is a moochly nC'W$h:ner published b}' the Americ::U\. Phanning. Assocudon.
medallions-a sign or badge on the from of the home identifYing Su\ucripcions are avilil.blc: for SGO (U.S.) :md 582 (foreign). \V. P4ul Farmer. Alcr. E:n:c:uth"e
Director. W1lli~m R. Klein. ).l0'. Dir:ctor ofROQrch.
the residence as a vacation property. the name of the management Lminl Nnus is produo:d at APA.. Jim Sclnlo01b. Aler, and Mkhad O.vid1on. Editou~ Barry B;.in,
company, and a conract person. The use of medallions is widely /JO', Hc.lhc:r umpbdl, Fay Dolnir;:k. Nate Hutcheson. Sanj:lY Jeer. AlO. Meg::m ~'is, Ale'.
criticized because crides say they invite thieves and vandals. Such l\'brya Morris:. .'1.:11::". Reponert; Shc:rric Matthewt. AnilUm Editor. tin Barton. D~ign and
Production.
midgation measures are rypically paid for and provided by the Cop)"rit;ln C1002 by American Pb.nning Association. t 22 S. Mich~.n Ayc:., SlJi~c IGOO.
property ownet as a condidon of receiving an operating petmit. Chi=go., tl60G03. The Amc:rion Planning. iu.sociation aho h:u 0 Ces;l.l 1776 Mu.sac:nusetts
Other measures. such as increasing code enforcement staff-as is Ave.. N.W.. W~hington. DC 20036: WYo.......plannin&.oll
All righu reu:rvc:d. No p:110 of this pubUc:l.lion mOlY be fc:produced Dr utjli:r.ed in ;my furm or b)'
done in Key \'iTest-ot bolstering visitor awareness through :In~' me:ns. c::lecuonic or mc:chaniColI, indudin, photocopring. re,orains. Of b)' :JOY inform:uion
signage to politely inform them of the neighborhood's quiet Itorate- ~nd rcrric'o";ll system, without pcrmiuion in writing from the Amcricn Pbnnin(.
Association.
residential chatacter may be paid for with rax revenue generated Printed on rcC)'dc:d p:liper. including 50.70% recydc:d Iihtr @
from short-term tental properties. ~d IO~. pom::onsume:r wa.ste:.
6
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee, Cocoa, Vivian Co colas
Joseph E. Blitch Ft. Lauderdale & Tampa Scott J. Domstein
Usher L. Brown · Mitchell B. Haller
r."'>-.._____ ~'^ ____1.._0 Kauieiine 'vV. Latorre
o U.c.d I II It;:; UMYIt;:i:Jl.d
Anthony A. GarganeseO Amy J. Pitsch
J.W. Taylor -
Jeffrey S. Weiss
- Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
.Soard Certified Civil Trial Lawyer Of Counsel
aSoard Certified Cily, County & Local Government Law
May 3, 2007
Cape Canaveral Planning & Zoning Board
City of Cape Canaveral
105 Polk Ave
Cape Canaveral, FI 32920
Re: Ordinance No. 19-2006/Resort Dwellings
Dear Board fviembers:
At the May 1,2007 City Council meeting, the City Council referred the draft Resort Dwelling
Ordinance, dated March 27, 2007, to you for consideration and recommendation. As part of your
consideration ofthis ordinance, the City Council also requested that you discuss the following issues:
1. Whether an amitorization schedule should be added to the ordinance that requires
nonconforming resort dwellings to cease operations by a certain date.
2. Should the nonconforming status of a resort dwelling be ter:rpiqated due to a certain
'''"_'.;-.hl,,_ .,/ __ _
'm~b\eF of code violations which could be attributed to the operation of the resort
dwelling. For example, if the resort dwelling is found in violation oflife safety and
building code requirements during a certain period of time, should those violations
result in a resort dwelling losing its nonconforming status. With respect to this issue,
I advised the City Council that in conjunction with your discussions I would analyze
the legalities of such a requirement.
3. Should the ordinance provide an additional time period, after the effective date ofthe
ordinance, for existing R-l, R-2, and R-3 zoned property owners, who have not
converted their property into a resort dwelling, to request and obtain a new resort
dwelling license from the State of Florida. At the City Council meeting, the City
Council emphasized that should an additional time period be provided in the
ordinance, the time period should be short.
225 East Rcbinson Street, Sulte 660 .. P.O.oox 2873. Orlando. Fiorida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net. Email: firm@orlandolaw.net
P&Z Board Members
May 3, 2007
Page 2
!vl~,' office looks forvvard to discusshlg the draft ordillallCe arId the aforementioned discussion
items with the Planning and Zoning Board in the near future.
Vf!3!j'
q "---.. \
~
Anthony A. Garganese
City Attorney
AAGlkdm
Enclosure
cc: City Manager, via email (w/enclosure)
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
Memo
Date: March 21, 2007
To: City Council, via Bennett Boucher, City Manager
From: Todd Morley, Building Official
RE: Change of Occupancy Classification
Please find attached an excerpt from the Florida Building Code Commentary, 2004. It is Section 304
Residential Group R
This is what I read from at the Council meeting on March 20,2007.
USE AND OCCUPANCY CLASSIFICATION
j\ SE1.F-SERVE GAS PUMPS GROCERIES
fOl rDl I TI
! I
'01
1[Jl I[]I r--' I
1.-.: I ,-, I . j I 1,,1
I II II I! I! i i Y i LJi
iU! G:!J ! I LJ
fDl- fOl I - TI
LJ I "
ul
Ini '01 10'
I '
Eli lQJ In!
I ' r ~
L=J
;
_-.-1
CASHIER
Rgure 3{}9.1(2}
GROUP M---SELF-SERVlCE GAS STATION
*NO CAR REPAIR IS DONE
Table 307.7(1) and Note b of Table 307.7(2). These Boarding houses (not transient)
provisions give the quantity limitations for specific high- Convents
hazard products in mercantile display areas, including Dormitories
medicines, foodstuffs, cosmetics and alcoholic bever- FraternitieS and sororities
ages, Monasteries
Without this option. many mercantile occupanties ' Vacation timeshare properties
could technically be classified as Group H. nle in- Hoteis (nontransient)
creased quantities of certain hazardous materials are Motels (nonrransient)
based on the recognition that, while there is limited risk
in mercantile occupancies, the packaging and storage
arrangements can be controlled. For further informa-
tion on the storage limitations required for these types two dwelling units as aPplicable in eellon
of materials in mercantile occupancies, see the Florida
Fire Prevention Code. or adult and child care facilities that provide
dations for five or fewer persons of any age for less
SECTION 310 24 hours. Adult and child care facilities that are
RES!DENTIAL GROUP R. a single-family home are permitted to comply with
'C'1_~:.J-. n~.:LJ:~~ ~.......1_ J)__:.1~_-<l;~1 =_ .....-""r.-~__..:1.................,::l,
.l'!Ultau. VUt.i,U;,;;..g \.......uue;, ..i\c,,)f.UeiUl.Uj. ..ltl ..a\A....:Vlu.aul.r1.;;;;
310.1 Residential Group R. Residential Group R includeS, Section 101.2. R-4 Residential occupancies shall
among others, the use of a building OT structure, or a portion dude buildings arranged for occupancy as
thereof, for sleeping purposes when not classified as an Insti- care/assisted living facilities including more than
tutional Group 1. Residential occupancies shall include the fol- but not more thaIl16 occupants, excluding staff.
lowing: R-4 Residential occupancies shall include
R.l Residential occupancies ~here the occupants are pri- arranged for occupancy as residential'
mariIy transient in nature, includmg: sisted living facilities including more than
- Boarding houses (transient) but not more than 16 occupants, excluding staff.
Hotels (transient) Group R -4 occupancies shall meet the requirements
Motels (rransient) for construction as defined for Group R -3 except as oth~
R-2 Residential occupancies containing sleeping units or erwise provided for in this code or shall comply with the
more than two dwelling units where the occupants are Florida Building Code. Residential in accordance with
primarily permanent in nature, including: Section 1Ol.2.
Apartment houses Residential occupancies represent some of the high-
3-48 2004 FLORlDA BUILDING CODE'" COMMENTARY
USE AND OCCUPANCY CLASSIFICATION
est fire safety risks of any of the occupancies listed in Uon and people who are developmentally disabled is
Chapter 3. There are several reasons for this condi- reported to have therapeutic and social benefits. A ragi-
. tion: dentia! environment often fosters this mainstreaming.
. Structures in the residential occupancy house the Buildings in Group R are described herein. A build-
widest range of occupant types, Le., infants to the . ing or part of a building is considered to be a residen-
aged, for the longest periods of time. As such, tial occupancy if it is intended to .be used for sleeping
residential occupancies are more susceptible to accommodations (including residential care/assisted
the frequency of careless acts of the occupants; living facilities) and is not an institutional occupancy.
therefore, the consequences of exposure to the Institutional occupancies are similar to residential oc-
effects of fire are the most serious. cupancies in many ij-.:ays; hOV"/BveFJ they differentiated
from each other in that institutional occupants are in
. Most residential occupants are asleep approxi- a supervised environment, and, in the case of Groups
mately one-third of every 24-hour period. When 1-2 and 1-3 occupancies, are under some form of re-
sleeping, they are not likely to become immedi- straint or physical limitation that makes them incapable
ately aware of a developing fire. Also, if awakened of complete self-preservation. The number of these oc-
from sleep by the presence of fire, the residents cupants who are under supervision or are inc.apable of
often may not immediately react in a rationa! man- self-preservation is the distinguishing factor for being
ner and delay their evacuation. classified as an institutional or residential occupancy.
. The fuel load in residential occupancies is often The term "Group R" refers collectively to the four in-
dividual residential occupancy classifications: Groups
quite high, both in quantity and variety. Also, in R-1, R-2, R-3 and R-4. These classifications are differ-
the construction of residential buildings, it is com- entiated in the code based on the follOWing cr.iteria: (1)
mon to use extensive amounts of combustible whether the occupants are transient or nontransient in
materials. nature; (2) the type and number of dwellings contained
. Another portion of the fire problem in residential in a single building and (3) the number of occupants in
occupancies relates to the occupants' lack ofvigi- the facility.
lance in the prevention of fire hazards. In their u1: The key characteristic of Group R-1 that diffeceo!i-
own domicile or residence, people tend to relax '. ates it from other Group R occupancies is the number
and are often prone to aHow fire hazards to go
unabated, thus, in residential occupancies, iire ~, of transient occupants (Le., those whose length of stay
is less than 30 om.,,,,)
hazards tend to accrue over an extended period . . ~- ---"'-;-
The most common building types classified in Group
of time and go unnoticed or are ignored. R-1 are hotels, motels and boarding houses. Group R-
.. Most of the nation's fire problems occur in Group R 1 occupancies do not typically have cooking facilities
and, in particular, one- and two-family dwel!- in the unit When a unit is not equipped with waking
account for more than 80 percent of all facilities, it does not meet the definition of a "Dwelling
from fire in residential occupancies and about. unit" in Section 310.2. When this occurs, such units are
of all fire fatalities in all occupancies. One treated as guestrooms for the application of code provi-
tv.o-family dwellings also account for more than sions [see Figure 310.1(1)1. Guestrooms are required
:~~~~{~:~:Imi'~i~:~~::': I to be ser.:=arated from eaG.'h ether by fire partitions and
horizontal assemblies (see Section 310.3).
Other occupancies are otten found in buildings cias-
for loss of life in buildings classmed in GrolJps"R-"l . sified in Group R-1. These occupancies inciude nlght-
and motels) and R-2 (apariments and donni- I clubs (Group A-2), restaurants (Group A-2), gift shops
the code has stringent provisions for the pro- (Group M), health clubs (Group A-3) and storage fa-
of life in these occupancies. Group R-3 ocC'U- dlities (Group S-1). When this occurs, the building is
however, are not generally considered to be .' a mixed occupancy and is subject to the provisions of
the same domain and, thus, are not subject to the Section 302.3.
leve! of regulatory control as is provided in other R.2: The length of the occupants' stay plus the ar-
. . Group R-3 facilities are one- or two-fam- rangement of the fadlities provided are the basic fac-
Ily dwellings where the occupants are generally more tors that differentiate occupancies classified in Group
familfar with their surroundings, and, because they are R-2 from other occupancies in Group R. The occupants
single units or duplexes, tend to pose a lower risk of of facilities or areas classified in Group R-2 are primar-
or death. By not transient, capable of serf-preservation and share
to the growing trend to care for people in a resi- their means of egress in whole or in part with other
dential environment, residential care/assisted living fa-
cilities are also classified as Group R. Specifically, these occupants outside of their sleeping area or dweHing
faCilities are classified as Group R-4" ~Mainstreaming. unit. The separation between dweHing units must, as a
minimum, meet the requirements contained in Sections
... People Who are recovering from alcohol or drug addic~ 310.3, 708.1 and 711.3. Building types ordinarily clas;Si-
/ . \
.' \
'-../ /
BUILDING CODE" COMMENTARY 3-49
USE AND OCCUPANCY CLASSIFICATION
;;:~S~V B<lTSTAIRWAY
I ~ .
I
__ EXIT S1NmNAY
LINEN """'"
~---... "'"-------
_______ ----.. aE\M.iOR EOOlP. ROOM
- ELE\fA-ro.~
6-STQRV HOTEL
~ EXIT ~WAY '-~-..
EXflSi'AGtY'iAv:_____~__.
Figure 310.1(1)
GROUP R~1-HOTEL
(OCCUPANTS ARE PRIMARILY TRANSIENT)
. :'~';.i
I r;:~~~,:~;::~~~: ~~:::7~ti"'':::~~~~~~:~ are also required to be separated from each other~
fire partitions and horizontal assemblies in accordanc:p
[see FIgures 310.1 (2) and 310.1 (3)). with Sections 310.3,708.1 and 7n.3. When coll~g.
-Individual dwelling units in Group R-2 are either classes are not in session, the rooms in dormittl:9~~
rented by tenants or owned by the occupants. The code are sometimes rented out for periods less than 30 d~~,
does not make a distinction between either type of ten- to convention attendees and other visitors. When d..t'
ancy unless the dwelling unit is located on a separate mitorias undergo this type of transient use, they mo!
o;::lfesl of 1~i1rl WhAn thi:e; l:H:I:i irs Int linp~ nAfiniiin thA dosely resemble Group R~ 1. >~:,~~:'
.---'--- -. ._.._~ ~ ...-.. _..~..... .........--.-, .-.. .-..--- .....~........o:r ..........
land parcel exist and the requirements for fire separa- Buildings containing dormitories often contain otlJ1
tion must be met. er occupancies, such as cafeterias or dining roq~,
Dormitorie~ ;:;n::! mmArRllv R",<:;.odi'lted with univer- (Group A-2), recreation rooms (Group A-3) and offiS~~.
-- - -- - ;;:;}_~~_._n'J ----- ----- - - . -.
sity or college campuses for use as student housing, (Group B) or meeting rooms (Group A-3) WhentfJ~'
but this is changing rapidly. Many dormitories ara now occurs, the building is considered a mixed occupan~'"
being built as housing for elderly people who wish to and is subject to the provisions of Section 302.3 [s~ft.
live with other people their own age and who do not Figure 310.1(4)].~_,
need 24-hour-a-day medical supervision. The only dif- Townhouses are classified as R-3. Florida Statut%~'
ference between the dormitory that has just been de- require that where three or more dwelling units are}if
scribed and the dormitory found on a college campus tached that they are to be considered as multifamiIY~.t
is the age of its occupants. if the elderly people must the installation of sprinklers. ''-y,
have 24-hour~a-day supervision (I.e., a nurse or doctor R~3: Group R-3 facilities include all detached one aD",
on the premises), the building is no longer considered two~family dwellings and multiple (three or more) singl~
a residential occupancy but an institutional occupancy
(Group 1-2 assuming greater than five occupants) and family dwellings (townhouses). Those buildings t1Jr~,:,.
or less stories in height are regulated by the Floriq~~
would have to comply with the applicable provisions of Building Code, Residential (see Section 1 01.2). TdW~~~
the code.
Similar to Group R-1 , individual rooms in dormitories houses have to be separated by party walls (see Se;;,~
tion 705.4.1) or by two exterior walls (see Ta~te.~02).-~~
. "ii';'
.~ij;
i
!
'-.../
~"!
3.50 2004 FLORIDA BUILDING CODE" COMMENTA~c'
USE AND OCCUPANCY CLASSIFICATION
'f
GUESTROOM
SEPARATION
WAlLS
I SECOND Fl..OOR
OFFICE STOR
~
TVIREC. ROOM
FIRST Fl..OOR
.'. Rgure 310.1(4)
GROUP R~2-00RMITORY
(OCCUPANTS PRIMARILY NOTTRANSIENl)
Buildings that are one- and two-family dwellings and 310.2 Definitions. The following words and terms shaH, for
multiple single-f8mily dwellings less than three stories Pl.L,poses of this section and as used elsewhere in this code,
in height and which contain another occupancy {e.g., the meanings shown herein.
Groups R-1, R-2, 1-4, etc.) must be regulated as a Definitions oflerms that are associated with the
mixed occupancy in accordance with the code and are of this section are contained herein. These
not required to comply with the provisions of the Florida can help in the understanding and application of
Building Code, Residential [see Figures 310.1(5) and
310.1 (6)]. In addition, all institutional facilities that ac- code requirements. One should keep in mind,
commodate five or less people are to be classified as that in many cases, terms defined in the code may
Group R-3. be defined by ordinances and statutes oflocal and
Buildings that are classified as Group R-3, ..'/hile lim~ govemments. In such cases, code users must focus
ited in height, are not limited in the allowable area per the specJfic features that define the term relative to
floor as indicated in Table 503. code and not its generally held meaning.
All dwellino units must be separated from each other It is important to emphasize that these terms are
by fire partitions and horizontal assemblies (in accor- exclusively reiated to tl-i~5 sectiun, but are
dance with Sections 310.3, 708.1 and 711.3) unleSs everywhere the term is used in the code. The
required to be separated by fire walls. for including these definITions within this section
provide more convenient access to them without
R-4: When a limited number of people who require per- ing to refer back to Chapter 2. For convenience,
sonal care live in a residential environment, a facility terms are also listed. in Chapter 2 with a cross
is no longer classified as Group 1-1 but as a residen- ence to this section.
tial care/assisted living facility, Group R-4. Ninety-eight The use and application of all defined terms,
percent of households in the U.S. have less than 16 oc- ing those defined herein, are set forth in Section 201.
cupants, thus the limit of 16 would allow equal access
for the disabled. The number of occupants is those that BOARDING HOUSE. A building arranged or used for
receive care and is not intended to include staff. With for compensation, with or without meals, and not occupied as
the exception of height and area limitations, Group R-4 single-family unit.
facilities must satisfy the construction requirements of A boarding house is a structure
Group R~3. boarders in which the occupants are
3-52 2004 FLORIDA BUILDING CODE~
Memorandum
Date: May 16, 2007
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
RE: Resort Dwellings and Resort Condominium Consistency with the Comprehensive
Plan
Pursuant to your request to determine if the short-term rentals are consistent with the
comprehensive plan, I have reviewed the City Attorney's Executive Summary from
March 30, 2007 and I concur with the findings that resort dwellings are not consistent
with the current Land Development Regulations. Further, they are not consistent with the
Comprehensive Plan Future Land Use Policy LU-3.l which states:
"The City shall enforce its various ordinances which regulate the land use categories
included in the Future land use Map (Zoning Ordinance). subdivisions (Subdivision
Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic
flooding (storrmvater management Ordinance and Federal Flood Insurance Progralll
Regulations)".
I interpret this to mean that if a use is not consistent with the land development code" it
thus is not consistent with the Comprehensive Plan in the R-l, R-2 and R-3 land use
catergories.
Resort D\vellings and Resort Condolninium land usage is regulated by Chapter 509 P.S.,
which also regulates hotel use. Hotel uses are found in the C-l land use category and
regulated in the C-l zoning district.
The existing uses in the R-l, R-2 and R-3 land use catergories are non-conforming uses
and would require, at a minimum, a change in the land development regulations to allow
Resort Dwellings and Resort Condominiums as either a permitted use or a permitted use
by special exception. However, Resort Dwellings and Resort Condominium are
regulated by Chapter 509 F.S. and enforced by the Department of Business &
Professional Regulation (DBPR). This suggests that Resort Dwellings and Resort
Condominiums are a business and would currently only be allowable in the C-l district.
Rentals of 30 days or more are excluded from regulation by Chapter 509 F.S. In my
opinion they are not considered businesses.
If you have any further questions, please do not hesitate to contact me at 407-629-8880.
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 of land use;
(c) Location ofland use;
.1.,l d) Extent of land use: and
~' / j
r! (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) Whet~er ~he land de.velo:Rment.re~tions include pro~isio~s thgt.implY..ill~J)..t obj~~~~ of.the comprehensi~e
pan 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.
'-"UJ\,.I\,.I\..l V \..I LU-J. .Page lo:f2
Cape Canaveral Comprehensive Plan
Future land use Element
........-.-....-.....-........... ...--......--.
Objective LU-3:
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and <:;QillP;;t,tibility
of land uses within Cape Canaveral and the degree to which the following Policies are implemented.
Policy LU-3.1
The City shall enforce its various ordinances which regulate the Iftn<:l:use categories included in the
Future lan<:lu~e Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign
Ordinance), and areas subject to seasonal or pedQdic;:flooding (Slm:illWftlermanageillent Ordinance and
Federal Flood Insurance Program Regulations).
Policy LU-3.2
The City shall require ne}YdeveloPl11ent to be compatible with adjacent land uses.
Policy LU-3.3
The City shall enforce its requirements pertaining to densities and intensities of l~:md use in each land-
use category--i.e.
*R-l, Low density Residential: maximum 5.808 lots/acre.
*R-2, Medium density: Residential and townhouse Apartments: maximum 15 units/acre.
*R:J, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-l, light industrial: maximum 4.356 lots/acre.
*C::--1, _c~mmeI~ial: zoning regulations impose a variety of requirements, depending upon type of use.
*C-2,coilllllerc;:jftl: zoning regulations impose a variety of requirements, depending upon type of use.
PUB, Public and ReCIeatiQ_n Facilities
CON, Conservation
Policy LU-3.4
il~ppropriate locations for p'<Jblic__schQols should be based upon the following criteria:
http://fcn.state.fl.us/cape/CapeCode/LUM3 .htm 05/16/2007
ARTICLE 1. IN GENERAL Page 1 of 1
Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width,
which bears a seal from the United States department of housing and urban development, designed for
travel over highways and streets or for house accommodations or both, manufactured on an integral
chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and
incidental unpacking and assembly operations, location on jacks or other temporary or permanent
foundations, connection to utilities and the like.
Dwelling, multiple-family, means a residential building designed for or occupied by three or
more families, with the number of families in residence not exceeding the number of dwelling units
____ .:_1__1
IH{lVU1~Jl
.-" - .. .---.
Dwelling, single-family, means a detached residential dwelling unit other than a mobile home,
designed for and occupied by one family.
Dwelling, two-family, means a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit or living unit means one room or rooms connected together, constituting a
separate independent housekeeping establishment for owner occupancy, for rent or lease, and
physically separated from any other rooms or dwelling units which may be in the same structure and
containing independent cooking and sleeping facilities.
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Statutes & Constitution :View Statutes :->2004->Ch0163->Section 3164: flsenate.gov Page 1 of3
163.3164 Local Government Comprehensive Planning and Land Development Regulation Act;
definitions.--As used in this act:
(1) "Administration Commission" means the Governor and the Cabinet, and for purposes of this
chapter the commission shall act on a simple majority vote, except that for purposes of imposing
the sanctions provided in s.161.3184(11), affirmative action shall require the approval of the
Governor and at least three other members of the commission.
(2) "Area" or "area of- jurisdiction~! means the total area qualifying under the provisions of this act,
whether this be all of the lands lying within the limits of an incorporated municipality, lands in and
adjacent to incorporated municipalities, all unincorporated lands within a county, or areas
comprising combinations of the lands in incorporated municipalities and unincorporated areas of
counties.
(3) "Coastal area" means the 35 coastal counties and all coastal municipalities within their
boundaries designated coastal by the state land planning agency.
(4) "Comprehensive plan" means a plan that meets the requirements of ss. 163.3177 and J63.3178.
(5) "Developer" means any person, including a governmental agency, undertaking any development
as defined in this act.
(6) "Development" has the meaning given it in s. 380.04.
(7) "Development order" means any order granting, denying, or granting with conditions an
application for a development permit.
(8) "Development permit" includes any building permit, zoning permit, subdivisioh approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land.
(9) "Governing body" means the board of county commissioners of a county, the commission or
council of an incorporated municipality, or any other chief governing body of a unit of local
government, hov.;ever designated, or the combination of such bodies where joint utilization of the
provisions of this act is accomplished as provided herein.
(10) "Governmental agency" means:
(a) The United States or any department, commission, agency, or other instrumentality thereof.
(b) This state or any department, commission, agency, or other instrumentality thereof.
(c) Any local government, as defined in this section, or any department, commission, agency, or
other instrumentality thereof.
(d) Any school board or other special district, authority, or governmental entity.
(11) "Land" means the earth, water, and air, above, below, or on the surface, and includes any
improvements or structures customarily regarded as land.
(12) "Land use" means the development that has occurred on the land, the development that is
proposed by a developer on the land, or the use that is permitted or permissible on the land under
an adopted comprehensive plan or element or portion thereof, land developmeht regulatiohs, or a
land development code, as the context may indicate.
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(13) "Local government" means any county or municipality.
(14) "Local planning agency" means the agency designated to prepare the comprehensive plan or
plan amendments required by this act.
(15) A "newspaper of general circulation" means a newspaper published at least on a weekly basis
and printed in the language most commonly spoken in the area within which it circulates, but does
not include a newspaper intended primarily for members of a particular professional or
occupational group; a nev./spaper V.fnose primari function is to carry legal notices, or a newspaper
that is given away primarily to distribute advertising.
(16) "Parcel of land" means any quantity of land capable of being described with such definiteness
that its locations and boundaries may be established, which is designated by its owner or developer
as land to be used, or developed as, a unit or which has been used or developed as a unit.
(17) "Person" means an individual, corporation, governmental agency, business trust, estate, trust,
partnership, association, two or more persons having a joint or common interest, or any other legal
entity.
(18) "Public notice" means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for
a municipality. The public notice procedures required in this part are established as minimum
public notice procedures.
(19) "Regional planning agency" means the agency designated by the state land planning agency to
exercise responsibilities under law in a particular region of the state.
(20) "State land planning agency" means the Department of Community Affairs.
(21) "Structure" has the meaning given it by s. 380.03J(19).
(22) "Land development regulation commission" means a commission designated by a local
government to develop and recommend, to the local governing body, land development regulations
which implement the adopted comprehensive plan and to review land development regulations, or
amendments thereto, for consistency "'lith the adopted plan and report to the governing body
regarding its findings. The responsibilities of the land development regulation commission may be
performed by the local planning agency.
%(23) "Land development regulations" means ordinances enacted by governing bodies for the
· regulation of any aspect of development and includes any local government zoning, rezoning,
subdivision, building construction, or sign regulations or any other regulations controlling the
development of land, except that this definition shall not apply in s.163.3213.
(24) "Public facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and
recreational, and health systems and facilities, and spoil disposal sites for maintenance dredging
located in the intracoastal waterways, except for spoil disposal sites owned or used by ports listed
in s. 403.021 (9)(b).
(25) "Downtown revitalization" means the physical and economic renewal of a central business
district of a community as designated by local government, and includes both downtown
development and redevelopment.
(26) "Urban redevelopment" means demolition and reconstruction or substantial renovation of
existing buildings or infrastructure within urban infHt areas or existing urban service areas.
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(27) "Urban infill" means the development of vacant parcels in otherwise bUilt-up areas where
public facilities such as sewer systems, roads, schools, and recreation areas are already in place
and the average residential density is at least five dwelling units per acre, the average
nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not
constitute more than 10 percent of the area.
(28) "Projects that promote public transportation" means projects that directly affect the
provisions of public transit, including transit terminals, transit lines and routes, separate lanes for
the exclusive use of public transit services, transit stops (shelters and stations), office buildings or
projects that include fixed-rait or transit terminals as part of the building, and projects which are
transit oriented and designed to complement reasonably proximate planned or existing public
facilities.
(29) "Existing urban service area" means built-up areas where public facilities and services such as
sewage treatment systems, roads, schools, and recreation areas are already in place.
(30) 'Transportation corridor management" means the coordination of the planning of designated
future transportation corridors with land use planning within and adjacent to the corridor to
promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain
the integrity of the corridor for transportation purposes.
(31) "Optional sector plan" means an optional process authorized by s. 163.3245 in which one or
more local governments by agreement with the state land planning agency are allowed to address
development-of-regional-impact issues within certain designated geographic areas identified in the
local comprehensive plan as a means of fostering innovative planning and development strategies
in s. 1633J77(11 Ha) and (b), furthering the purposes of this part and part! of chapter 380,
reducing overlapping data and analysis requirements, protecting regionally significant resources
and facilities, and addressing extrajurisdictional impacts.
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Meeting Type: Planning & Zoning
Meeting Date: 5/23/07
AGENDA
Heading Discussion
Item #
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANA VERAL
SUBJECT: Discussion - Evaluation and Appraisal Report (EAR) Section 2 (public participation)
Section 3 (assessment of comprehensive plan), Section 6 (major issues), Section 7
(proposed amendments)
DEPT.lDIVISION: Building Department
Requested Action:
Review Sections 2,3,6 and 7 of the EAR for discussion and direction to Staff.
I
I Sununary Explanation & Bacl<..grollI1d; I
I
The City is required to review their Comprehensive Plan approximately every 7 years to stay current with
legislative changes, special topics of State concern, evaluate the effectiveness of implementation and evaluate
financial feasibility. Other topics to be reviewed in future meetings include the existing conditions of the City.
The issues to be discussed in Sections 2, 3, 6 and 7 are public participation, assessment of the current plan, I
major issues identified in the public participation activities and a listing by element of all the potential
, amendments llom the various clements of the comprehensive plan as identified in the previous sections.,
. ~e:=c~s~~ ~o:ser~o~e~:~ :e ~o~~~::::i~; ;:: \r~~~~~d ~~':g~e",~~~OI~: :~;=gar;,~,
Sufficiency" (sufficiently reviewed the Comprehensive Plan) by the Department of Community Affairs. Once
found to be sufficient, the proposed amendments are then reviewed for adoption into the Comprehensive Plan,
which will essentially revise 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 2, 3,6 and 7 of the proposed EAR.
Planning Official's Office j Department I
I I I
A! i5,4
, ',..)f',/'-' /)
v/ /'
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
3.3 Infrastructure Element (Sanitary Sewer, Drainage, Solid Waste, Potable Water, and
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 Elelnent.........o.....o........o........o......................... ......... ...57
3.8 Capital Improvements Element....................................... ........,.,..."."......--__....62
4.0 Applicable changes to Chapter 163, Florida Statute (F.S.) and Rule 9J-5, Florida
Administrative Code (F.A.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 COUl1t>j 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 MiIitary 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
Maps and Tables
DCA Letter of Understanding and other correspondence...................................... ..108
Page 3 of 159
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2.0 Public Participation Activities
Public information sessions were held on August 22, 2006, January 25, 2007 and March 17, 2007 to
gather citizen input and explore the issues facing the City of Cape Canaveral. These meetings worked
from the various comprehensive plan elements and were then narrowed down into the top 8 major issues
(discussed in Section 6.0 Major Issues). Once complete the EAR will be posted on the City's website and
copies will be available at City Hall and at the local public library for public review.
First Cape Canaveral Open House
August 22, 2006
Public Information Topics: Transportation, Parks, Infrastructure, Coastal
Management, FLUM
TRANSPORTATION - PUBLIC QUESTIONS/COMMENiS
Someone mentioned a train system. Being from Long
Island, I say that would be great, not only to get from our
area to Orlando, but running north and south too. There
might need to be one for bcachside and one mainland by I
I I , USI (?).ActualIy, can passenger trains use that I
I I
I Gonlnler~ial line?
I would love to see a train system set up from the port to
Orlando International and on from there. We need to
focus on using less fuel.
Can you get just about
monetarily as well as time-wise? I've never gotten on a
bus in Florida.
The bus system should be nurtured. Soon we will all use
it to get around tOwTI
Bury main power lines. Beautify SR AlA.
I would like a bus system, bus bays and seating
Increase public transportation routes so the wait is
shorter.
Pullover areas and shelters at bus stops
A better bus system would help our citizens in Brevard
County. Also make bus stops with shelter from the sun.
',.--
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Improve North Atlantic from George King Blvd. to AlA
I suggest:
b) North Atlantic widening and beautification
c) 35 mph along AlA
d) Repairing of all city roads which need
Widen North Atlantic, include turn lanes.
Turn lanes on North Atlantic Ave.
Let's work on the traffic flow (widening?) along North
Atlantic from George King South.
North Atlantic Ave. traffic congestion to be widened
from AlA to port.
Provide bike lanes so people can ride safely.
Getting people to the causeway in evacuation times will
I be a problem from Astronaut and the port. I
I .
I I Do not do Ridgewood improvements without burying the I
power lines
Do not 4-lane Ridgewood Ave.
Retain 45 mph speed limit on AlA
Make speed limit 35 mph on Central from AlA to North
Atlantic.
Underground utilities. Landscaping and signage
Need to put lights by the new hotels at the end of
Astronaut Blvd.
FUTURE LAND USEt- PUBLIC QUESTIONS/COMMENTS
Proximity to ocean 1. Stop trying to annex A von-by-the-Sea
2. Less residential density
1. Ridgewood redevelopment 1. Town Center with shops and areas to walk,
2. North Atlantic redevelopment similar to Cocoa Village and Winter Park.
3. Good parks 2. More green spac.t::.
Page II of 159
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3. Multi-use buildings with shops below &
residential above
Development of Manatee Park Please remove the fuel tanks as an acceptable use
ofland in the city.
1. Small community 1. A park at the north end of CC?
. 1,. Community/CIty officIals working 2. Let's create an attractive transition in landscape
together for improvements buffers from the Port south along North Atlantic
3. Small businesses and locals friendly- 3. Let's make a prettier 'back entry' to the city
not tourist-dependent. from the Port down N. Atlantic Ave. - buffer trees
and sidewalks along the sides.
More bike paths, better street lighting. We cannot
see on some of our streets, so hitting
pedestrians/bikers is a high probability..
Residential/commercial balance City Hall building and campus modernization
The people who designed Manatee Park! Joint use planning with Port and Cocoa Beach
1. Small town atmosphere - city 1. Is there a possibility of any more fuel tanks
officials and volunteer boards working closely nearresidential? If so, repeal the 'special
I I together makes city grant very accessible I ;:xception' f~r ~uel !anks a?YNr:erein. an M-I zone. I
I 2. The new crossovers to the beach are I L. The lack ot retentIOn of eXistIng trees and I
I I
wonderful. green space with new developments (eg. Oak trees
3. The green areas we still have -let's should be part of any development plan)
preserve them 3. The 'trashy' look alongside N Atlantic
4. The oak hammocks are lovely and (north from the 'V' all the way to the Port). Wasn't
native N. Atlantic supposed to be widened and 'dressed I
5. Thanks for doing this 'Open House'! I up'?
~.:. I n?te~ t~at there'sno Ian? allotted to
I ' "ConservatIOn' (lIght green) on thIS map!
I Having a few fun things to do right here in 1. Too many new developments with high
I taWIl, i.e. Jetty Park, l'vlanatee Park, Cherie denSIty.
Down Park, Racetrax Go-Carts, etc. We do 2. Green spaces disappearing at rapid rate.
have warm weather most of the year! 3. No sidewalks or bike paths on edges of
roads
Do not tear out any more trees or wild areas.
1. Stop the tank development
2. Developers need to give something back in
the form of community improvements
3. AIA needs beautification
Suggest museum, theater for performing arts,
historical tour capability
Small shops, new restallfants, dry store, Starbucks,
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Icecream stores
1. Lack of care for the environment
2. Overbuilding our area
3. No bike paths! (I'm almost hit every time I
ride my bike)
4.
The City needs to do far more about rundown
property, especially property on E. Central Blvd.
1. No tank farm and no new tanks
2. Appeal the special exception
3. Keep our oak hammocks
4. Make a nice woodsy park
5. Street sweeper - garbage pickup
Restrict further expansion of Coastal Fuels
Reduce the housing density. If all current housing
was occupied, you would not be able to drive
anywhere in the Cape.
Allow convenience stores in condo areas so
I I residents don't ha\Te to drive to get a quart of rnilk i
I I I (mixed-use). I
"
I- Larger parks
2. Density too high
3. Poor residential upkeep
More small businesses, i.e. pharmacies
Convert the tree area (buffer zone) to public park.
, I Nature preserve between coastal tank and Solana
Lake, Shorewood Drive and Old Eberwine Rd. area
. Families that do not have access to family parks by
their homes. Even Cherie Down Park and Jetty
Park are a car ride for some. The pepper trees,
especially the huge one that I thought fell in the
hurricane is growing back. They grab all the vvater
for the lawn and other plants.
Residents seem to keep to themselves. Can we have
more activities to get people out and meeting
neighbors.
I agree with the comments about the fuel tanks. I
live across the street from them and there is soot all
over my house.
Please ask those owning vacant land to mow their ,
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property. It would improve the appearance of our
town and cut down on mosquitoes.
COASTAL MANAGEMENTI- PUBLIC QUESTIONS/COMMENTS
Separating rod fisherman from swimmers and walkers
along the beach by having a designation for rod
fishermen.
Beach renourishment is great Fishing lines vs. beach walkers, swimmers, surfers
- Put separate areas between signs for each of these
conflicting activities. Designate' Surf fishing' area,
then 'swimmers/beach users', etc.
Beach access is wonderful, thank you! Please provide an area where we can take our dogs on
the beach. Even a designated time period would be
good. Hilton Head Island allows dogs on the beach
I I from 5pm-lOam. No problems at all- the 'whole island I
I I
I I is pet-friendly. I
Love all the public access Let our dogs have some time on the beach! '.\Then I
lived in California, we could bring our dogs to the
beach between 6-lOam and 5-9pm. \Vhy can't we be a
little more open-minded? The dog owners picked up I
the beach just fine! This state really needs to get with
the times!
,
Our beaches are well-maintained 1. Restore the beach sand
2. Set up more trash containers for J et1y and Cherie
Down.
3. Is it possible to separate fishermen from the
swimmers?
Replenishment of sand How about placing a little, attractive, welcome center
up in that SW comer ofN. Atlantic at George King?
This could be the start of an attractive 'entry' to the
City - landscape, trees to buffer the business and
residences all along N. Atlantic.
Sand fences and sea oats 1. Increased density on beaches because of all the
new developments.
2. Smoking & trash on the beach
3. Quality of some of the crossovers, as well as there
being 'handicapped friendly'
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4. Benches next to crossovers for people to sit
How about a community once a month' beach clean-
up' (we already do it along Salonas/Shorewood beach).
OR why not let organizations, associations, etc. 'adopt'
a stretch of beach.
After the next move west of the coastal construction
zone, relocate the houses to the future available
property of Coastal Fuel company.
Dislike garbage/trashlcigarettes/plastic discarded on the
beach and city streets.
Need to have more trash cans available to the public on
the beach every so many feet and at intersections in the
city and at bus stops.
Need to have trash pickup daily or every other day.
a) Enforce ordinances
b) Pick up seaweeds after storms
c) Good attitude towards turtles
II PARKS - PlJBLIC QUESTIONS/COMMENTS II
II II
Park system is good. 1. Build beachside restrooms
2. Take over Cherie Dovy'll park from County
3. Boat ramp/kayak rentals at Manatee Park
Xeriscape parks are wonderful Wauld like to see a skateboard park. Try to get the
teens inv-ol....red.
Keep the parks coming! They are Consider restroom for beach walkers between Cherie
I wonderful and I would love to see morel !~. n' ." ~ ,
VO\V'll yarK ana me yon
The parks are beautiful. Central and N. Atlantic southwest comer - vacant
undeveloped land - coastal hardwood hammock.
1. Cleanliness of parks 1. Park in northeast part of city.
2. Professionalism of staff 2. More variety of use in parks, e.g. pavilions
3. More benches
4. City should take over Cherie Down Park, so
that it can be used for city residential priorities.
Correct park map to include all parks.
1. Please give us some place where our dogs are
welcome!
2. Maintain the little bit of green space we have
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I INFRASTRUCTURE - PUBLIC QUESTIONS/COMMENTS I
Reuse water supply. There seems to be a shortage of
water pressure and supply in the Solana Lake Condo
area.
l. I live at Solana Lakes and we are having a very
difficult time keeping our grass and plants watered!
Pressure is too low on our reclaimed water.
2. No more fuel tanks put in by Coastal Fuels!
l. Watcr pressure/needs to be stronger.
2. Having a petroleum tank farm in the city.
Reuse water from north end on only 3 hours per day
(not enough). 6-9pm will not even sprinkle all of the
area at Solana Lakes. Even with enough pressure,
maintenance men cannot service the sprinkler system
with no water in the daytime. However, pressure is too
I I I !o\X~ ~~ reuse \va,ter. .I~ will n?t even pu_sh up t~e I
I I spnnKler heads (at thIS development). Most of the
landscaping has died.
For long term planJling, please do not expand the
, coastal tank farm where it is now. Move them all to the I
I new tank farm area at the Port Authority property,
, away from people. ,
How to 'lure' the tank farm to move to 1-95 - where
it's MUCH more appropriate for storage and transfer of .
tuel!
Stricter enforcement of code violations - untidy
properties and building sites.
Ugly green garbage cans. You can't hide them and they
smell. Are they supposed to blend in? Why not tan?
City should try to purchase coastal hardwood hammock
at the comer ofN. Atlantic and Central Blvd.
l. Eliminate nightly/weekly rentals.
2. No expansion of Coastal Fuels
3. Eliminate/make use of abandoned buildings.
1. Recycling center in the city, so those items not
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picked up by Waste Management could be recycled
there.
2. Add aluminum to recycling process.
Long-serving council members: Step aside to permit
younger residents to run. Encourage young people to
seek office.
i i I I
Second Cape Canaveral Open House
January 25, 2007
Public Information TOlJics: Transportation, FLUM, Coastal Management, Parks, Storm water
~..................... ............. .. ........................................... .. .................................................. .. ............>>...... .....................
1 TRANSPORTATION - PUBLIC QUESTIONS/COMMENTS
............................................................................................................................................................................
GENERAL
Mixed-use would help relieve traffic congestion
I I I Add bike/pedestrian paths I
I I
I
Please implement the i~>.LA. beautification study which
was done several years ago
Possible to\'.'O center - consider North il...tlantic maybe
I more stop signs - traffic calming to slow people down -
NO middle lane for vehicles to speed up
~ Tam vm n'"'.'"" ove;~,~~~~~:EM I I
I . . . but kno"\\.T that \vith gro\vth, change 111USt Cume. I do
- -.I r - - -~- -'- ~ - . -- --- .. - --- --....-
existing transportation system. . . believe that pullover space for pickup and delivery of bus
passengers would permit better flow of traffic
Please put benches and covered areas at bus stops
throughout the city
The bus system has been a boon and has
been improving
ROADS
Please put a left-hand turn signal going north on AlA at
Central
I like the roadway beautification... ..(given) the added traffic with the new developments on
North Atlantic Ave., either wider roads or turning lanes
would allow better traffic flow and ease of entering North ,
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Atlantic Ave. from side roads
A left turn signal is needed at the Holman Road traffic
light
Please consider reducing the speed limit on North
Atlantic to 25mph to reduce the traffic flow and improve
safety
Please improve walkways (particularly widening) and
bikeways throughout the city
Please provide evacuation planning briefings to the
community so we are better prepared by the city to know
what avenues we are to take during storms, terrorist
attacks, etc.
How about looking to the state highway department for
information on obtaining federal aid highway funds for
existing roads due to population increases, and changing
some road use to secondary or primary uses
Reduce traffic limit density and gro\vth of Cape Caribe. It
I I ?ut~ (and will put i~ the future) too many cars on ,very I
I I
I I I lImIted roadways (Cieorge Kmg, Shorewood and North
I I Atlantic) I
I I
......................................................................................................... .... ~..................................................o......_.
FUTURE LAND USE - PUBLIC QUESTIONS/COMMENTS ;
......................................................................................................,......................................................................
comprehensive plan. This would allow
redevelopment of distressed commercial zones.
Allow advantages of mixed use into our city center.
Mixed use would help relieve traffic congestion.
Please consider mixed-use communities throughout
the City, e.g. one in each quadrant of the City so
residents and visitors can live near and walk to
shops.
I am strongly in favor of a mix of land use that
would promote a town center.
I agree with the second bullet point concerning ,
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stricter development guidelines for a more
aesthetically pleasing environment.
A town center or planned mixed use development
for the enjoyment and visual beauty they can give
the City is a wonderful idea. New development
should not be allowed to create a public nuisance.
The City of Cape Canaveral will definitely grow,
but in order to make it a good growth, we must put
bicycle paths, sidewalks, and overpasses on
Astronaut Blvd. to provide the type of shopping
traffic that would help a mixed-use growth. Maybe
some of these expenses could be covered by new
developments that like mixed use of their land.
TANK FARM
We would like to see comprehensive requirements
such as setbacks, barriers, air pollution, ground
pollution and screening provisions for the non-
conforming tank farm and its residential neighbors,
due to the public nuisance the incompatibility of
I I I land uses creates. I
I I
Get federal funds to increase security at Coastal
Fuels tank fann and to protect the community. This
is a function of the Department of Homeland
Security.
GREEN AREAS
Protect and keep from losing too much ~leen areas.
Please provide more green space for the CiPj by
. purchasing remaining available land.
BIKE PATHS
Bike/pedestrian paths are a good idea.
Please consider developing a bike path/walkway
along the creek/water area that runs parallel to
North Atlantic on Central.
It is too risky now to do without bike paths.
Roads are at capacity. We have hit maximum
density.
RENTALS
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Affordable housing is a problem for owners as well
as renters due to the increases in insurance and
taxes - it is something we will have to work
together to resolve.
I feel that we must remember the foresight of the
people many years ago who created a tax base and
growth for our City and not penalize them now
with restrictions in rental of their investment
properties. Instead, current ordinances must be
enforced - maybe hiring more people to enforce
these codes and ordinances is the solution.
Please introduce an ordinance in the City which
provides for a minimum of 30 or 90 day rentals so
we preserve the residential character of the City.
FUNDING
The City could use an employee smart about state
and federal processes and funding procedures and
laws to 'track down' its fair share of funding to
. . h - I
H I msure It gets ..ere, I
I. _ . ", _. . I
I Please hIre protesslOnaJ grant wrIters to support the
City's applications for grants to progressively plan
I for the City's future.
PORTER PROPERTY
I Please try to find a way to purchase the Porter
, , property.
Consider buying the land at the Porter properties
for an 'Enchanted Forest' f0f Cape Canaveral.
BOARDWALK
It would be great to have a Cape Canaveral
boardwalk, area for walking, shopping, sightseeing,
dining and living.
I would love to see a boardwalk.
CAPE CARIBE
Cape Caribe's current expansion plans will have a
negative impact on beaches, traffic, noise, etc.
because of increased density.
I'm concerned about the density at Cape Caribe. It
i has a 'timeshare' on Cl that consists of COl1do units J
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owned by its purchasers which is much higher
density than nearby townhouses and condos. It also
has a timeshare on the beach on residential zoning.
It also has a much higher density than the rest of
the area around it. Is a timeshare a residence or
commercial? It cannot be both, and the impact is
population density that exceeds local limits and .
creates a nuisance for its neighbors. The nuisance
includes playing outdoor music late at night during
the summer. No other residence or condo owner
does this. So, what is Caribe? Commercial (not if
owned by part-time residents) or residential (no
loud music should be allowed).
GENERAL
I am more concerned with traffic increase than
density issues; however, I would like to see this
remain a small town.
We need more shops for consumers, not more car
rental agencies - boardwalk on President St. area,
bakeries.
r-I I Please consider administrative rezoninp- areas oftne I
.- . -. -- ....----- - - ~ -- . - - - ------0
city which are currently mis-zoned. As an example,
areas up and down North Atlantic Ave. (feeder
streets) are zoned commercial. Almost all of that
land IS being converted to residential.
Unfortunately, changing the unsafe reqUIres
permitting and thousands of dollars in fees in order
to get the property to be changed.
,
A community cultural center with local history
. exhibits would be a way to preserve our heritage. ,
I'm not certain about requiring new developments
to build amenities. That would depend on what is
currently available III the area, bicycle and
pedestrian paths are always a plus.
Please encourage car businesses to be closer to or
III the Port rather than in the City of Cape
Canaveral.
Please prioritize the businesses we want to attract
to the City so we can plan pro actively for the City's
future.
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..................................................................................................................................................................................
1 COASTAL MANAGEMENT - PUBLIC QUESTIONS/COMMENTS
.............".............."."..............."..."................".....,.....,.,......".........,....................,.........".........,.......................................
Suggest you have a brief definition of what 'Coastal
Management' is at the top of the board, so that citizen
input would be facilitated.
BEACHES
The City should work aggressively with the State and
the Canaveral Port Authority to keep ships from
dumping waste into the ocean waters along the City.
Also encourage new technology to process the waste on
board the ships so it does not have to be dumped in the
ocean at all.
Something MUST be done about the garbage that
washes up on the coast from gambling ships and cruise
liners. I have spent entire Saturday mornings cleaning it
up and my impression is that it mostly comes from
gambling ships. We need to get the state EPA involved.
We swim and fish in garbage! I
I I I ,
I I I I = d tlr r>t;. --'--;k ---'tr. <mrr"(\1mrlincr
r"commen __II:' _-LY WU! .-_ WI... ,"".. "-"'...~.uo
communities to assess the impact of proposed
development on the density and use of the beaches.
Currently, Cape Caribe is proposing more hotels and
the Port is proposing another hotel and Conference
Center without an assessment of impact on the beaches.
Recommend that the State of Florida prohibit the sale
, of fireworks in the state, so our beaches will be
preserved.
Encourage myregion.org initiative being managed out
of Orlando to include regional coastal consideration,
e.g. cleanliness, beautification of beaches and ocean
waters. Right now myregion.org focuses on rivers only.
Eliminate non-native species of trees from vacant land
adjacent to the Banana River (e.g. the west end of Long
Point - a wasteland dump)
Better archeological surveys that get attention.
Do not permit any boat ramps on either the Atlantic
Ocean or Banana River.
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Third Cape Canaveral Open House - "City Celebration" Survey results
March 17, 2007
.................... ...~.................................................................................................................................................................................................................................... ..............................................................
i TRANSPORTATION - PUBLIC INPUT
.............................................................................................................................................................................
GENERAL
Monitor traffic speed and install stop signs.
Need more police patrols.
...............................................................................................................................................................................
~ FUTURE LAND USE - PUBLIC Il\I""PUT ~
:.. ..<<. . ~.. ................. ..................... ...................-................... ............................. .......... .... .........,...... ......... ... .... ..... .... .. ... .:
MIXED-USE
I Create a mixed use area Central Boulevard between N. Atlantic and AlA - like downtown
Celebration. I
I I
I I Central Boulevard areas should be mixed use like Celebration. I
I
HOUSING
Forget about low income housing.
Provide more single family homes and provide for housing for service providers I
.............................................................................................................................................................................
COASTAL MANAGEMENT- PUBLIC INPUT
..............................................................................................................................................................................
BEACHES
Beach is not clean enough, people litter.
Provide a dog park along the beach.
. .......... ~.... .. .... ................... ................. .. ..................... ................. ............... ................. ...... .......... ~....................... ..
i RECREATION & PARKS - PUBLIC INPUT
............................................................................................................................................................................
Need more boating facilities.
The City should purchase the remaining large lots for public parks and stormwater.
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The City should purchase the property at N. Atlantic and Central for park development.
The City should develop a skate board park.
Consider a floating dock in Banana River off Manatee Park.
City should beautify roadway, for example from Thurm Drive and AlA to the park. Plant trees and
improve the island plantings. This will be an added feature for the City and its park system.
City should continue to maintain current parks (no new parks).
Need bike paths throughout the City and leading to all parks.
Beach area I on the beach
Wherever possible in the City
At the shoreline
In the South end of the City
At the currently vacant Central and N. Atlantic property
Use pocket parks throughout the City (buy property at N. Atlantic and Central)
Banana River
Ocean front
I Adjacent to the Port I
I Along River front south I
Provide a dog park on the beach
In densely populated areas J
~..................................................... ......................o.................o......... ................o...................................................................
~ OTHER - PUBLIC INPUT
............................................................................................................................................................................
Nice quiet community - enough development in the City.
Give businesses more signage and freedom to advertise.
Force Hometown News to stop littering the City with their nasty newspapers.
No fuel tanks in City.
Enforce removal of dead animals in City and along beach and general cleanliness.
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3.0 Assessment of Comprehensive Plan
The following section evaluates the Goals, Objectives and Policies (Gaps) of each Element of the
existing Comprehensive Plan. It should be noted that throughout the section references are made to
updating or adding Gaps. These additions are further discussed in Section 7.0 Proposed Amendments.
3.1 Intergovernmental Coordination Element (ICE)
The ICE has one Goal, three Objectives and various policies designed to implement actions and measure
progress towards Goal of the ICE.
Goal
The City shall participate in coordinated activities with State, County, Regional and adjoining community
governments in order to better provide for the public health, safety and we!fare of its inhabitants.
Objective IG-1
The City shall coordinate its planning efforts with the plans of school boards, other units of local
government providing services but not having regulatory authority over the use of land, and with the
planning efforts of Cocoa Beach, Cocoa, Brevard County, the Port of Canaveral, the East Central Florida
Regional Planning Council, and the State of Florida. The measurement of this Objective shall be the
degree to which the following Policies are implemented.
Achievement Anlllvsis
-- - ~----- -------.;~-~
The City' continues to work with Brevard County, local jurisdictions, other governmental entities and the
School Board in order to coordinate plam1ing effurts. Pursuant to Chapter 163.3174, F .S., the City added
a nonvoting representative of the school board to the LPA in 2002. Also, Chapter 163.31777, F.S.,
requires an interlocal agreement between local governments and the school board, which was executed on
2002. While both these requirements have been accomplished a policy recognizing these additions
should be included in this section.
Policy Relevance
By Decenlber 1, 2008 a Public Schools Facilities Element and selloo! cOIlcurrency shall be required. The
City should use 2007 to coordinate with the School Board for consistency with school concurrency and in
collecting data and analysis for the new element. In spring/sum_mer 2008 the City should prepare and
transmit the element to DCA for review and adoption in order to meet the December 1, 2008 deadline.
As referenced above, policies should be added to this Objective to meet the requirements from Chapters
163.3174,163.3177,163.31777,163.3180 and 163.3191, F.S.
Objective IG-2
The City shall cooperate with any state, regional or local entity having operational and maintenance
responsibility for public facilities within Cape Canaveral in establishing level-of-service standards for
those facilities. The measurement of this Objective is the degree to which the following Policies are
implemented.
Achievement Analysis
The City cooperates with the Florida Department of Transportation and Brevard County for the provision
of roadways, Brevard County for solid waste, the City of Cocoa for water and St. Johns River Water
Management District for drainage.
Policy Relevance
A policy should be added to the Objective pursuant to updates in Chapter 163.3180, F.S., regarding LOS
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standards on the Strategic Intermodal System, as compatible with adjacent jurisdictions.
Objective IG-3
The City shall, through coordination with adjacent units of local government, including Brevard County
and the Canaveral Port Authority, and coordination with regional entities such as the ECFRPC and the
SJRWMD, and coordination with State agencies, facilitate the mutual consideration of the impacts of
development proposed in this Plan. The measurement of this Objective is the degree to which the
following Policies are implemented.
Achievement Analysis
Proposed impacts of development on the City are coordinated with surrounding municipalities and other
agencies on an informal, as-needed basis.
Policy Relevance
This objective currently contains two policies. Further policies should be added to address the updates to
Chapter 163.3177(6)(h),6,7&8, F.S. regarding interlocal servIce delivery agreements, Chapters
163.3177(4)(a) and 163.3180, F.S. regarding regional water supply and Rule 9J-5.015 (3)(c), F.A.e.
regarding various points of intergovernmental coordination.
Objectives Matrix
I Objective I Target I Conditions I Current I Comments and I
I I I When Plan Was I Conditions I Success, Failure I
I I Adopted I I or One:O!TIe:
INTERGOVERNMENTAL COORDINA nON ELEMENT
1. The City shall The eit y shall Coordination is With the By December
coordinate its coordinate its strongly change ofland 2008, school
planning efforts with planning efforts with encouraged to uses and zoning concurrency shall
the plans of school the plans of school share those be required and
boards, other units of boards, other units of development developments the City should
locqlgove1l!1Jlent local govemment information. are also coordinate with
providing services , revievied by the the County and
but not having School Board. School Board for
regulatory authority Coordination is consistency with
over the use of land, . corrnnon ' school ,
and with the planning practice. In concurrency.
efforts of Cocoa 2002 the City
beach, Cocoa, added a
Brevard County, the nonvoting
Port of Canaveral, representative
the East Central of the School
Florida Regional Board to the
Planning Council, LPA.
and the State of
Florida. The
measurement of this
Objective shall be the
degree to which the
following Policies
are implemented. Ongoing
I
I I
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or On2:oin2:
INTERGOVERNMENTAL COORDINATION ELEMENT
2. The City shall Work with The City The City Brevard County is
cooperate with any appropriate coordinates with: coordinates transferring to the
state, regional or jurisdictions to 1) the Florida with: 1) the City's
local entity having establish a LOS Department of Florida - jurisdiction:
operational and Transportation Department of Ridgewood
maintenance (FDOT) and Transportation Avenue, N.
responsibility for Brevard County (FDOT) and Atlantic A venue
public facilities for the provision Brevard County and, Central
within Cape of roadways, 2) for the Avenue.
Canaveral in Brevard County provision of According to
establishing level-of- for solid waste, roadways, 2) Chapter
service standards for 3) The City of Brevard County 163.3180, FS, the
those facilities. The Cocoa for water, for solid waste, City should add
measurement of this and 4) St. Johns 3) The City of policies regarding
Objective is the River Water Cocoa for LOS on the SIS,
degree to which the Management water, and 4) as compatible
following Policies District for St. Johns River with adjacent
are implemented. drainage. Water jurisdictions.
Management
District for
drainage. Success
3. The City shall, I ;~~~~~~ :on~~~~:~~ial I ~~::~~al~~~l Coordination The City has little
I through coordination I 'h~tn1l:;:".o."", in.n....l I ~~~~~~~:~~c~~~~: I
!......I;;/!.':'':'.-'~.1.1 .1V\,.a..l
with adjacent units of local governments; governments has governments
local gQverlunent, Ensure compatibiliry been informal has been do which may
including Brevard of development. and with regional informal and impact the City.
County and the agencies on an with regional
Canaveral Port as-needed basis. agencIes on an Further policies I
Authority, and as-needed should be added
coordination with basis. to address the
regional entities such , updates to
I as the ECFRPC and Chapter
the SJRWMD, and 163.3177, FS,
I coordination with . regarding
State agencies, interlocal service
facilitate the mutual delivery
consideration of the agreements,
impacts of Chapter
development 163.3180, FS
proposed in this Plan. regarding
The measurement of regional water
this Objective is the supply and Rule
degree to which the 9J-5.0l5, FAC,
following Policies regarding various
are implemented. points of
intergovernmental
coordination.
Ongoing
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3.2 Conservation and Coastal Management Element
The Conservation Element contains one Goal and five Objectives. The Coastal Management Element has
one Goal, twelve Objectives. Both contain various policies designed to implement actions and measure
progress towards the Goal of each.
Conservation Element
Goal
Provide for the preservation and conservation of the City's natural resources so that the economic, social
and/or aesthetic value which these resources provide to the community are not destroyed and are
available to future generations.
Objective C-l
Maintain or improve current quality of air. The measurement of this Objective is the qualit'j of air within
Cape Canaveral plus the degree to which the following Policies are implemented.
Achievement Analysis
The City encourages alternate modes of transportation, prohibits un-permitted trash burning and
coordinates with other jurisdictions and agencies to protect air quality. Also, the City has upgraded or
installed sidewalks on AlA and promotes use of the SCAT bus system.
Policy Relevance
The policies should be retained and continued to be utilized in the promotion of air quality throughout the
r-':'-L .
\Aty.
Objective C-2
Conservation, appropriate use and protection of the quality and quantity of current and projected water
sources and waters that flow into estuarine waters or oceanic waters. The measurement of this Objective
is the extent to which water resources are conserved, appropriately used and protected plus the degree to
which the following Policies are implemented.
Achievement Analysis
The City enforces the Stormwater Management Ordinance (22-93) and current LDRs. The City also
coordinates \vith Brcv"ard Count"j, St. JOll11S River y"lyater tvfal1agernetll District and the City of Cocoa to
ensure water quality protections are in place. Recently, the City added baffle boxes and reuse lines to aid
in water quality protections.
Policy Relevance
Pursuant to updates in Chapter l63.3l77(6)(c),(d), F.S., regarding regional water supply and a 10 year
workplan, additional policies should be added to the Objective to meet these requirements.
Objective C-3
Conservation, appropriate use and protection of soils and native vegetative communities within the City.
The measurement of this Objective is the extent to which soils and native vegetative communities are
conserved, appropriately used and protected plus the degree to which the following Policies are
implemented.
Achievement Relevance
The City enforces applicable landscaping and tree ordinances and works with private developers to
protect plant communities.
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Policy Relevance
The City should continue the Objective.
Objective C-4
Conservation, appropriate use and protection of wildlife, wildlife habitat and marine habitat. The
measurement of this Objective is the extent to which wildlife, wildlife habitats and marine habitats are
conserved, appropriately used and protected plus the degree to which the following Policies are
'"f . '1
ImpiememeCl. .
Achievement Analysis
The City works with all applicable State and Federal agencies, neighboring jurisdictions, private
developers and other local agencies to protect and preserve sensitive habitats. Pursuant to policy C-4.5
the City adopted an ordinance to protect Sea Turtle nesting activities.
Policy Relevance
The City should continue the Objective pursuant to Policy C-4.5 and maintain the Sea Turtle lighting
ordinance.
Objective C-5
The City shall be prepared to deal with problems relating to the disposal of hazardous wastes. The
measurement ofthis Objective is the degree to which the following Policies are implemented.
Achievement Analysis
The City works with Brevard County and other agencies to deal with hazardous waste.
Policy Relevance
The policies should be retained and utilized in order to deal with hazardous waste management as needed.
*It is recommended that in addition to the existing five objectives an additional objective should be
established to address the requirements of Chapter 163.3177 (6)(c) and (d), F.S. as related to regional
water supply.
Objectives Matrix
-".~-
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoilll:?:
CONSERVATION MANAGEMENT ELEMENT
1. Maintain or Encourage alternative The City The City has Thp ri'hl chAlllrl
.L.L.......... '-.-'.1."') >..l.LI.Vl.l.-~U
improve current modes of encourages upgraded or continue the
qualiry of air. The transportation; restrict alternate modes installed objective.
measurement of this new industrial of transportation, sidewalks on
Objective is the development near prohibits un- AlA and
quality of air within coast and Prohibit un- permitted trash promotes use of
Cape Canaveral plus permitted open burning and the SCAT bus
the degree to which burning of trash coordinates with system.
the following Policies other
are implemented. jurisdictions and
governmental
agencies to
protect air
". j i Success I
I i i quallrj.
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoin2"
CONSERVATION MANAGEMENT ELEMENT
2. Conservation, Continue to protect The City Recently the The City should
appropriate use and and conserve water enforces the City added evaluate the
protection of the quality within the 8tormwater baffle boxes current
nlH.litv "nil (1l1:lntihr rihr l\tf':l:M.<:l.rra~.o.~+ ~_A _~..~~ 1:_~~ _L_________.L_ ..
~~~=-~~"'-..l '-~"--- -.J.-------J -.....J. ...;."O'-................o"'.......I.V.i...i..i. auu l.vu,J;';;; iiil;,;;;,j . ;:; LUi Ul\/VUtCi
of current and Ordinance and to aid in water systems and add
projected water current LDRs quality policies for
sources and waters and coordinates protection. compliance with
that flow into with Brevard Chapter
estuarine waters or County, 81. Johns 163.3177 (6)(c)
oceanic waters. The River Water and (d)
measurement of this Management regarding
Objective is the extent District and the regional water
to which water City of Cocoa supply and a 10
resources are Beach to ensure year workplan.
conserved, water quality
appropriately used protections are in
and protected plus the place.
degree to which the
following Policies are
implemented. Ongoing
I 3. Conservation, Continue to enforce The City Thp rihr Th" ritv ~11^"ld I
I approp:-iate :se .~nd . I the City's landscaping I enf~~ce,s, I ~u~ ~ "J I .. ~ '-' - '" '."H~
I enforces continue the I
I protectIOn ot SOIls and and tree ordmances to appncaole applicable objective.
native vegetative help prevent soil landscaping and landscaping
Cothhilinities within erosion and to protect tree ordinances and tree
the City. The trees within the City. and works with ordinances and
measurement of this private works with
Objective is the extent developers to developers to
I to which soils and protect plant protect plant
native ve.getative communities. communities
COll1r11u.rlltles are , I
conserved,
appropriately used
and protected plus the !
degree to which the
following Policies are
implemented. Ongoing
4. Conservation, Maintain, preserve The City works The City The City should
appropriate use and and discourage the \vith all adopted a sea continue the
protection of wildlife, destruction of wildlife applicable State turtle lighting objective.
wildlife habitat and habitat and marine and Federal ordinance.
maline habitat. The habitat. agenCIes, Also, the City
measurement of this neighboring maintains or
Objective is the extent jurisdictions, conserves
to which wildlife, private environmental
wildlife habitats and developers and areas with the
marine habitats are other local assistance of
conserved, used and agencies to DEP and
protected plus the protect and FFWS.
degree to which preserve
Policies are sensitive
i implemented. i habitats. i I Success I
i I
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
CONSERVATION MANAGEMENT ELEMENT
5. The City shall be Coordinate with The City works The City The City should
prepared to deal with appropriate agencies with all coordinates continue the
problems relating to and jurisdictions to applicable State with the objective.
the disposal of enur,ate the nublir,' and Federa! ~nnr()nri::ltp.
- - -------- ..I. " -.1"r'-.....1'"'.......-........
hazardous wastes. prepare for hazardous agencIes, agenCIes as
The measurement of wastes. Brevard County necessary.
this Objective is the and other local
degree to which the agencies to deal
following Policies are with hazardous
implemented. waste. Success
Coastal Management Element
Goal
Provide for the preservation and conservation of the City's coastal resources so that the economic, social
and/or aesthetic value which these resources provide to the community are not destroyed and are
available to future generations.
Objective CM-l
The City shall protect, conserve, or enhance the two remaining coastal wetlands, living marine resources,
coastal barriers, and "'llildlife habitat. The measurement of this objective is the extent to \vhich these
resources are protected, conserved or enhanced and the degree to which the following Policies are
implemented.
Achievement Analysis
The City works with applicable state and federal agencies to limit the specific and cumulative impacts of
development and redevelopment on wetlands, water quality and quantity, wildlife habitat and beach and
dune systems. The City maintains and enforces ordinances to protect sensitive environmental resources.
The City has also added baffle boxes and sand fences for sediment.
Policy Relev~mce
- ----.I ----- . ------
The policies should be retained and utilized as needed.
Objective CM-2
The City shall take action in an effort to maintain or improve estuarine environmental quality. The
measurement of this Objective is the quality of the estuarine environment and the degree to which the
following Policies are implemented.
Achievement Analysis
The City enforces and maintains efforts to improve estuarine environmental quality.
Policy Relevance
The policies should be retained and utilized as needed.
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Objective CM-3
The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water-
dependent uses, particularly those consistent with existing shoreline uses. The measurement of this
Objective is the development and adoption of such criteria and/or standards.
Achievement Analysis
The City has incorporated "sand fences" with sea oats which has been very successful in replenishing the
dune. The City passed an ordinance prohibiting fireworks and alcohol from being sold within 300 feet of
the shoreline. However, to date additional priorities have not been established for shoreline use.
Priorities to establish waterfront preservation, according to Chapter 163.3178(g), F .S. should be
established and adopted as necessary.
Policy Relevance
Pursuant to updates in Chapter 163.3177(6)(g)(2) and 163.3178, F.S., regarding recreational surface water
uses, additional policies should be added to the Objective to meet these requirements.
Objective CM-4
The City shall develop measures for protection of beaches and dunes, establish construction standards
which minimize the impacts of man-made structures on beach and dune systems, and work toward
restoration of altered beaches and dunes. The measurement of this Objective is the development of such
measures and the extent to which beaches and dunes are protected and/or restored and the development of
standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree
to which the following Policies are implemented.
Achievement Analysis
To date no measures have been established for beach and dune protection. Protective measures according
to Chapter 163.3178(e), F.S. should be established and adopted as required by 2009.
Policy Relevance
Additional policies generated from a review of Chapter 163.3178(e), F.S., which outlines the principals
for protecting existing beach and dune systems from erosion, should be included in the Objective.
Objective CM-5
The City shall limit public expenditures that subsidize development permitted in coastal high-hazard
areas, except for restoration or enl1ancement of natural resources. The l11easurenlellt of this Objective is
the extent to which public expenditures are limited in coastal high-hazard areas except in the case of
restoration or enhancement of natural resources and the degree to which the following Policy is
implemented.
Achievement Analysis
The City currently works to limit public expenditure, except for sand fences constructed as needed.
Policy Relevance
The policy should be retained and utilized as needed. Also, the City should consider reviewing Chapter
l63.3178(i), F.S. regarding public facilities.
Objective CM-6
The City shall direct population concentrations away from known or predicted coastal high-hazard areas.
The measurement of this Objective is the extent to which population concentrations are directed away
from the coastal high-hazard area and the degree to which the following Policy is implemented.
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Achievement Analysis
The City relies on the policies established in Objective CM-6 to protect populations from coastal high-
hazard areas. Currently, no large scale projects have been approved increasing density. Also, measures
are in place to protect density along the AlA corridor. According to Chapter 163.3191 (2)(m), F.S. the
City adopted an ordinance in 2006 to allow current residents to redevelop, within parameters, after a
natural disaster.
Policy Relevance
Pursuant to updates in Chapter 163.3178(2)( c), F .S. an additional policy providing the new definition of
the Coastal High-Hazard area should be included in the Objective.
Objective CM-7
The City shall work toward reducing its local hurricane evacuation times based upon the 1987 Brevard
County Peacetime Emergency Plan. The measurement of this Objective is the length of time required for
evacuation in the event of a major storm requiring evacuation plus the degree to which the following
Policies are implemented.
Achievement Analysis
The City continues to work on reducing local hurricane evacuation times and coordinates review of new
development applications with Brevard County and neighboring jurisdictions which may impact
hurricane evacuation times. Recently, the City developed an Emergency Management Plan which
discussed hurricane evacuation procedures. Also, FDOT provided interchange improvements to increase
evacuation time.
Policy Relevance
Pursuant to updates in Chapter 163.3178(9)(a), F.S. an additional policy establishing a LOS for hurricane
evacuations should be established in the Objective, to include an update of the reference to the 1987
Brevard County Peacetime Emergency Plan. Further a policy should be added recognizing the City
developed Emergency Management Plan.
Objective CM-8
The City shall prepare a Post-disaster Redevelopment Plan vv'hich will reduce the exposure of human life
and public and private property to natural hazards. The measurement of this Objective is the development
of a Post-disaster Redevelopment Plan plus the degree to which the following Policies are implemented.
Achievement Analysis
The Objective should be amended to reflect the use of Brevard County's Post-disaster Redevelopment
Plan.
Policy Relevance
The City should review and adopt the County's Post-disaster Redevelopment Plan and revise Objective
CM-8.
Objective CM-9
The City shall strive to increase the amount of public access to the beach or shoreline consistent with
estimated public need. The measurement of this Objective is the number of additional public access
points to the beach and/or shoreline of the Banana River plus the degree to which the following Policies
are implemented.
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Achievement Analysis
The City encourages public access at time of development, beach renourishment at public expense
transportation or parking facilities for public access where feasible and enforces the access requirements
of the Coastal Zone Protection Act of 1985. Recently, the City established 2 new public access points at
the Cape Caribe development and at the Mystic Vista development in 2002.
Policy Relevance
The City should continue the Objective.
Objective CM-tO
The City shall provide for protection, preservation, or sensitive reuse of historic resources, as these are
identified within the City. The measurement of this Objective is the extent to which historic resources are
protected, preserved or reused in a sensitive manner and the degree to which the following Policies are
implemented.
Achievement Analysis
The City continually preservcs and protects historic resources. The City maintains a list of historic
resources as shown on the Future Land Use Map and in the Future Land Use Element.
Policy Relevance
The City should continue the Objective. The City should consider adopting a historic preservation
ordinance by 2010.
Objective CM-ll
The City shall establish level of service standards, areas of service and phasing of infrastructure in the
coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the
degree to which the following Policies are implemented.
Achievement Analysis
The 1999 plan established LOS standards for recreation, sanitary sewer, drainage, solid waste, traffic and
potable water. Currently, the City participates in phasing for reuse, coordination of intersection
improvements and maintenance infrastructure,
Policy Relevance
.....ha.l'~h7 ...t...........,..1....J.........,......+..:_~~~ +-1-~_ n1--:_~_-c.+;-:".,.-.-"
..L u.",,-, '--'~LY ,::H.1VLU\...I. \.IV.l.lLHIU~ U1\.... \.JUJC\..tu V~.
Objective CM-12
The City shall work with County, State and Federal governments in protecting the environment in the
coastal zone. The measurement of this Objective is the degree to which such collaboration takes place,
including the extent to which the following Policy is implemented.
Achievement Analysis
The City coordinates with all applicable agencies to protect the environment in the coastal zone.
Currently, the City is using Federal money to participate in a beach renourishment program.
Policy Relevance
The City should continue the Objective.
*It is recommended that in addition to the existing twelve objectives an additional objective should be
established to provide coordination on the siting of new and/or existing ports, airports or related facilities
as required in Rule 9J-5.019(4)(b), F.i\..C.
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Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
COASTAL MANAGEMENT ELEMENT
1. The City shall Conserve, or enhance The City works The City The City should
. protect:; conserve] or the nvo remairing '\vlth appli~able maintains and continue the
enhance the two coastal Wetlands, state and federal enforces objective.
remaining coastal living marine agencies to limit ordinances to
Wetlands, living resources, coastal the specific and protect
marine resources, barriers, and wildlife cumulative sensitive
s:;oastal baniers, and habitat impacts of environmental
wildlife habitat. The development and resources. The
measurement of this redevelopment City has also
objective is the extent on wetlands, added baffle
to which these water quality and boxes and sand
resources are quantity, wildlife fences for
protected, conserved habitat and beach sediment.
or enhanced and the and dune
degree to which the systems.
following Policies are
implemented. Success
2. The City shall take Maintain or improve The City works The City works The City should
action in an effort to estuarine enforces and enforces and continue the
I maint~in or improve I env~romnental I m~intains efforts n;.~in:ai.ns Objective. I
€stU.arlne qual1ty. to lTIlprOVe cllorrs IO
environmental estuarine quality. Improve
quality. estuarine
quality Ongoing
3. The City shall Establish priorities for To date no To date no The City should
maintain criteria. shoreline uses. priorities have I additional establish
I and/or standard. s fl. or been established priorities have priorities and
prioritizing shoreline for shoreline use. been adopt as required
, ~~~~;~:~~~;:::~7 I '~~e~~:~e~e ' ~~3~;:~~(~),
~~~:: ~~~~~~~~~~"ith I :~~ ~~.~ "~~~A ~~~~,~._.?~_~~~~: ,
---~......_- -~~~......~........._.......- .. ...-....... ~~~.;:JLU..1~"-'U .:JU-..LJ.\.1 .1V.1.alla5v1J..l.v.1..ll. r1..
existing shoreline fences" and sea shoreline use
uses. The oats to component that
measurement of this replenish the identifies public
Objective is the dunes. Also, the access to beach
development and City passed an and shoreline
adoption of such ordinance areas and
criteria and/or prohibiting the addresses the
standards. sale of need for water-
fireworks and dependent and
alcohol within water-related
300 feet of the facilities,
shoreline. including
marinas, along
shoreline areas.
Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
COASTAL MANAGEMENT ELEMENT
4. The City shall Preserve, monitor, To date no To date no Protective
develop measures for and/or restore measures have measures have measures should
protection of beaches sensitive beachfront been established been formally be established
and dunes, establish and dune areas for beach and established for ~r.{'_nrrllno tA
------.......""6 "'---
construction dune protection. beach and dune Chapter
standards which protection. 163.3178( e),
minimize the impacts However, F.S. - Coastal
of man-made without formal Management: A
structures on beach adoption the component
and dlme systems, City does not which outlines
and work toward allow for beach principles for
restoration of altered encroachment protecting
beaches and dunes. and has existing beach
The measurement of provided for and dune
this Objective is the sand fences in systems from
development of such appropriate human-induced
measures and the areas. erosion and for
extent to which restoring altered
beaches and dunes are beach and dlme
protected and/or I systems.
restored and the I
I development of I I I I I
standards to minimize I
the impacts of man-
made structures on
the beach and dUl1e
systems plus the I
degree to which the
following Policies are I
implemented. Ongoing
5. The City shalllimj! Limit public The City lill1its The City limits The City should
public expenditures expenditures in public public continue the
that subsidize coastal high hazard expenditure, expenditure, objective and
development areas. The City shall except for sand except for sand use the
permitted in coastal incorporate a fences fences following as a
high-hazard areas, provision to constructed constructed guide:
except for restoration implement the above where necessary. where Chapter
or enhancement of Objective in its Land necessary. 163.3 I 78(i), F.S.
natural resources. The Development - Coastal
measurement of this Regulations. Management:
Objective is the Such public
extent to which public facilities will be
expenditures are scheduled for
limited in coastal phased
high-hazard areas completion to
except in the case of coincide with
restoration or demands
enhancement of generated by the
natural resources and development or
the degree to which redevelopment.
the following Policy
is implemented. i i I Ungomg I
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or OIlgoing
COASTAL MANAGEMENT ELEMENT
6. The City shall Through the Future The City works Currently, no The City should
direct population land use Plan and the to discourage large scale continue the
concentrations away City's zoning population away projects have objective.
from known or ordinance. the City from coastal n~ <:.!cen
- - 7 ---- - --,,; r.-~~-."""'
predicted coastal shall discourage high-hazard mcreasIllg
high-hazard areas. development in the areas through density. Also,
The measurement of coastal high-hazard Future Land Use measures are in
this Objective is the areas; however, and zoning place to protect
extent to which relocation or controls. density along
population replacement of the AlA
concentrations are existing infrastmcture corridor.
directed away from away from these areas
the coastal high- shall only be required In 2006 the
hazard area and the III an emergency City adopted an
degree to which the situation where it is ordinance to
following Policy is economically feasible allow
imp lemented. to do so. redevelopment
after a natural
disaster. Success
7. The City shall The City shall The City Recently, the The City should
I work toward reducing coordinate hurric1lilll coordinates with City develoued I cOlltinu~ the I
I its local. hur~icane I evacuation I Brevard COlmty I :;_~~e:~~~:y I
I n~d neHlt..~r:iM I ~~j~ectiv~ .and
evacuation tImes procedures and au 1 e, lUV lHg H'ldl1dgtHllt;:lH- aUU tl pum:y
based upon the 1987 disaster miti!!ation communities and Plan which recognizing the
Brevard County with Brevard County considers discussed Emergency
Peacetime Emergency and neighboring hurricane hurricane Management
Plan. The communities evacuation time evacuation Plan.
measurement of this when reviewing procedures.
Objective is the new Also the FDOT
length of time development provided
required for applications. I rn'",hang'
evacuation in the Improvements
event of a major to increase
storm requiring ! evacuation
evacuation plus the time.
degree to which the
following Policies are
implemented. Success
8. The City shall Prepare a post- Objective CM-8 The City uses The City should
prepare a post- disaster states that the the Brevard review and adopt
disaster redevelopment plan City should County Post- the County's
redevelopment plan adopt a Post- disaster Post-disaster
which will reduce the disaster Redevelopment Redevelopment
exposure of human Redevelopment Plan. Plan and revise
life and public and Plan. Objective CM-8
private property to
natural hazards. The
measurement of this
Objective is the
development of a
post-disaster
redevelopment plan i i i i Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
COASTAL MANAGEMENT ELEMENT
9. The City shall Increase the number The City Recently, two The City should
strive to increase the of public access encourages additional continue the
amount of public points. public access at public access objective.
access to the beach or time of n{)'intq ~Vp.!"p.
r................'-i Ty...........
shoreline consistent development, added at the
with estimated public beach Cape Caribe
need. The renourishment at and Mystic
measurement of this public expense, Vista
Objective is the transportation or developments.
number of additional parking facilities
public access points for public access
to the beach and/or where feasible
shoreline of the and enforces the
Banana River plus the access
degree to which the requirements of
following Policies are the Coastal Zone
implemented. Protection Act of
1985. Success
10. The City shall Maintain a list of The City The City The City
provide for historic resource sites I maintains a list maintains a list maintains a list
protection, and develop criteria of historic of historic nfhi"tnri" I
I preservation, or I for protection of I resources I :~:~~~~:,~ ~ I ;~s~~;~~~-
I sensitive reuse of hif~lQ".riG- _ resources; ~h~~u~b ~h-
1. llV b 1 L c; UillJugll we through the
historic resources, as including Future Land Use Future Land Future Land Use
these are identified establishment of Map and Future Use Map and Map and Future
within the City. The performance Land Use Future Land Land Use
measurement of this standards for Element. I Use Element. Element.
Objective is the development and
extent to which sensitive reuse. I
historic resources are
protected, preserved I
or reused in a
sensitive manner and
the degree to which
the following Policies
are implemented. Ongoing
11. The City shall Ensure that required The 1999 plan Currently the The City should
establish level of infrastmcture is established LOS City continue the
service standards, available to serve the standards for participates in objective.
areas of service and development while recreation, phasing for
phasing of requiring that sanitary sewer, reuse,
infrastmcture in the developers pay their drainage, solid coordination of
coastal area. The share of infrastructure waste, traffic and intersection
measurement of this improvements. potable water. improvements
Objective is the and
availability of maintenance of
infrastmcture when infrastructure.
needed, plus the
degree to which the
following Policies are
implemented. Success
i I
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
COASTAL MANAGEMENT ELEMENT
12. The City shall The City shall work The City works The City is The City should
work with County, with County, State with all currently using continue the
State and Federal and Federal applicable Federal money objective.
O'()vp.rnmpnt~ in Ol\l.Tp.rnmpntt;;! in rAl1nhr ~t<:'ltA fn T"I.~:rhro~,..,.f")+.o. ~,.....
0- . ----------- --- ~."'T-......................-...;......... ........... .....,...................1,.J, l-..J......."...... ..v pu...l. ....I.V..lt-'u.."" ...l...l..l
protecting the protecting the and Federal a beach
environment in the environment in the governments to renourishment
coastal zone. The coastal zone. The protect the program.
measurement of this measurement of this environment in
Objective is the Objective is the the coastal zone.
degree to which such degree to which such
collaboration takes collaboration takes
place, including the place, including the
extent to which the extent to which the
following Policy is following Policy is
implemented. implemented. Success
3.3 Infrastructure Element
The Infrastructure Element comprises the Sanitary Sewer, Drainage System, Solid Waste, Potable Water
and Natural Groundwater Aquifer Recharge sub elements.
SanitarY Sewer Sub-Element
Goal
The overall goal for this sub-element is provision of sanitary sewer facilities to meet the needs of the
existing and future citizens of Cape Canaveral.
Objective SS-l
Assure that all existing and future inhabitants and businesses in the City have access to State-approved,
properly-fUnctioning sanitary sewer facilities during the 5- to lO-year time-frame of this Plan by
correcting existing deficiencies and making sure facilities meet future needs. The City shall maximize the
use of existing sewer facilities and promote infill development to minimize urban sprawl. This Objective
will be measured by the degree to which the supporting Policies below are implemented.
Achievement Analysis
The City continually works to maintain and improve sanity sewer systems. Via a 1994 interlocal
agreement v/ith the Cirj of Cocoa Beach the Cirj utilizes Cocoa's facilities \vhich are adequate. Table 3-
1 in Appendix A shows Estimated Future Demand on Wastewater Treatment Plant from 1998-2010.
Policy Relevance
The City should continue the Objective. However, the City should further evaluate Table 3-1 (referenced
above) to extend the planning timeframe and further explore wastewater treatment capacity expectations
in the future.
Objective SS-2
The City shall strive to identify feasible strategies for minimizing inflow to the sewage treatment plant
and maximizing reuse of effluent. The measurement of this Objective is the degree to which the
following Policies are implemented.
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Achievement Analysis
The City continually works to maintain and improve feasible sewer system strategies. Additionally, the
City should continue to explore ways in which reuse lines may be expanded and identify and repair
deteriorated lines.
Policy Relevance
The City should continue the Objective.
Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
INFRASTRUCTURE ELEMENT
Sanitary Sewer
1. Assure that all Assure that all Via a 1994 The City The City of
existing and future existing and future interlocal utilizes Cocoa does not
inhabitants and inhabitants and agreement with Cocoa's anticipate
businesses in the City businesses in the City the City of sanitary sewer capacity related
have access to State- have access to Cocoa Beach, facilities which problems
approved, properly- sanitary sewer. Cocoa accepts are adequate. through 2010.
functioning sanitarv excess treated
sewer facilities affluent from the
I facilities dming the 5- I City of Cape I I I
I to 10- year time-frame I I CanaveraL
of this Plan by I
correcting existing
deficiencies and
making sure facilities
meet future needs. The
City shall maximize
the use of existing
sewer facilities and
, promote infill
development to
minimize urban
~N<:lYiL This Objective !
will be measured by
the degree to which
the supporting Policies
below are
implemented. Ongoing
2. The City shall strive Create strategies to Via a 1994 The City The City should
to identify feasible minimize inflow to interlocal utilizes continue to
strategies for the sewage treatment agreement with Cocoa's expand reuse
minimizing inflow to plant. the City of sanitary sewer lines and
the ~ treatment Cocoa Beach, facilities which identify and
plant and maximizing Cocoa accepts are adequate. repaIr
reuse of effluent. The excess treated deteriorated
measurement of this affluent from the lines.
Objective is the degree City of Cape
to which the following CanaveraL
Policies are
implemented.
, I i \0,.', ~...... ,......""" I
I I I lJU\..A.;c;;:,;:)
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Draina2e Sub-Element
Goal
The overall goal for this sub-element is provision of drainage facilities to meet the needs of the existing
and future inhabitants of Cape Canaveral.
Objective D-l
Assure that all existing and future residents and businesses in the City of Cape Canaveral are served by
adequate drainage facilities in order to minimize damage that may occur as a result of flooding and to
minimize the amount of runoff allowed to flow into the Atlantic Ocean and the Banana River during the
5- to 10-year time frame. Measurement of this Objective is the extent to which flooding is minimized
during periods of heavy rainfall; the degree to which runoff into the Atlantic Ocean and Banana River is
minimized; and the degree to which the following Policies are implemented.
Achievement Analysis
Since 1999 the City has utilized baffle boxes at key outfall points to improve water quality and is
upgrading existing facilities where needed.
Policy Relevance
The City should continue the objective.
Objective D-2
The City shall maximize the use of existing drainage facilities and infill development to discourage urban
sprawl. The measurement of this Objective is the extent to which development takes place on infill
parcels plus the degree to which the following Policies are implemented.
Achievement Analysis
The City does not have the ability to sprawl because it is bordered on two sides by water, Port Canaveral
to the north and a small enclave to the south. The City continues to enhance retention and detention
facilities for storage of stormwater runoff through the Stormwater Management Ordinance (22-93).
Policy Relevance
The City should continue the objective.
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Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoinx
INFRASTRUCTURE ELEMENT
DRAINAGE
1. Assure that all ..A...ssure that all '"rt.Q 0:'..f-..7 t......,.., 0'::_ ~~ 1 {'\{'\f\ .L1__ 'T"1_ _ ,... ~ "'-_ _ _"1_ _ "1.1
. .i.i.i,-, '-'.iL} .iiu;:' uii.i\.,;i;; 1777 Lilt.,; lilt; '--'H)' ;snOUiU
existing and future existing and future adequate City has continue the
residents and residents and drainage utilized baffle objective.
businesses in the City businesses in the City facilities and boxes at key
of Cape Canaveral are of Cape Canaveral requITes outfall points to
served by adequate are served by additional review improve water
drain~ facilities in adequate drainage on all new quality and is
order to minimize facilities systems. upgrading
damage that may existing
occur as a result of facilities where
flooding and to needed.
minimize the amount
of runoff allowed to
flow into the Atlantic
Ocean and the Banana
River during the 5- to I I
lO-year time frame. I I
Measurement of this
I Obj~cti:e Js the ex~ent I , I I I
I
to 'NhICh tloodmg IS
minimized during
periods of heavy
rainfall; the degree to
which runoff into the
Atlantic Ocean and
Banana River is
minimized; and the
degree to which the
following Policies are
implemented. Success
2. The City shall 1\1axirr~ze use of The City does 'T"1_._ ""0,,_ r"T"'1 ........., .. ....
J.m: \...-llY i no:::. f 1Tl7 ........"'''I..11''1i
..l.- J.J.v '-"1.1.,] ""J.~VU.1.U-
maximize the use of existing drainage not have the continues to continue the
existing drainage facilities ability to sprawl enhance Objective and
facilities and infill because it is retention and update the
development to bordered on two detention ordinance as
discourage urban sides by v/ater, facilities for needed.
sprawl. The Port Canaveral to storage of
measurement of this the north and a stormwater
Objective is the extent small enclave to runoff through
to which development the south. the Stormwater
takes place on infill Management
parcels plus the degree ordinance (22-
to which the following 93).
Policies are
implemented. Ongoing
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Solid Waste Sub Element
Goal
The overall goal for this sub-element is the provision of solid waste collection and disposal facilities and
services to meet the needs of the existing and future inhabitants of Cape Canaveral.
Objective SW-l
Assure that all existing and future inhabitants and businesses in the City have access to effective solid
waste collection and disposal facilities by correcting existing facility deficiencies and providing facilities
for future needs. The City shall encourage maximized use of existing solid waste disposal facilities and
infill development to discourage urban sprawl for more efficient pickup of solid wastes. Measurement of
this Objective is the degree to which the following Policies are implemented during the 5- and lO-year
time frame.
Achievement Analysis
The City uses Brevard County solid waste facilities which are adequate. Current LOS for Brevard
County solid waste is 8.32 lbs/capita/day with collection twice a week. The County is processing
2006B2, a Future Land Use Map amendment, on 226 acres changing to Public Facilities with the intent
on providing a buffer between surrounding areas and landfill operations. This area is part of the Brevard
County Central Disposal Facility.
Policy Relevance
The City should continue the Ohiective.
-' . - - - - --- - - - J - - -- .
Objectives l"vIatrix
Objective Target I Conditions Current Comments and
When Plan Was Conditions Success, Failure
i Adopted or Ongoing
SOLID WASTE
1. Assure that all Correct existing The City utilizes The City Current LOS for
existing and future facility deficiencies Brevard County utilizes Brevard Brevard County
inhabitants and and providing solid waste County solid solid waste
businesses in the City facilities for future facilities which waste facilities facility is 8.32
have access to needs. Measurement were adequate at I which are lbs/capita/ da y
......... .>. . of this Objective IS . the time. adequate. with collection
. enective sOiJd waste
collection and the degree to which twice a week.
disposal facilities by the following Policies Currently, the
correcting existing are implemented County is
tacilitYil~fi ci cncie s during the 5- and 10- processmg
and providing year time frame. 2006B2 - Future
facilities for future Land Use Map
needs. The City shall amendment on
encourage maximized 226 acres to
use of existing solid Public Facilities
\vaste disposal with the intent to
facilities and infill provide a buffer
development to between
discourage urban surrounding
sprawl for more areas and landfill
efficient pickup of operations /
solid wastes. accessory uses.
Ongoing
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Potable Water Sub Element
Goal
The overall goal for this sub-element is provision of potable water facilities to meet the needs of the
existing and future inhabitants of Cape Canaveral.
Objective PW-l
The City shall cooperate with the City of Cocoa to assure and maximize use of existing potable water
facilities for all existing and future residents and businesses in the City of Cape Canaveral in order to have
access to potable water facilities during the 5- to lO-year time-frame and encourage infill development to
limit urban sprawl. This objective is measured by whether or not potable water is available for all
residents and businesses and the extent to which development takes place on infill parcels; and the degree
to which the following Policies are implemented.
Achievement Analysis
The City utilizes the City of Cocoa's potable water facilities which are adequate.
Policy Relevance
The Objective should be continued.
Objective PW-2
Assure that potable water is available to all existing and future residents and businesses, even during
times of dry weather. Measurement of this Objective is the extent to which potable \vater is available to
all residents and businesses and the degree to which the following Policies are implemented.
Achievement Analysis
The City continues to cooperate with both the City of Cocoa and the S1. Johns River Management District
to utilize all applicable conservation strategies and techniques.
Policy Relevance
The City should verify changing conservation techniques and strategies are listed in the LDRs.
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Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
POTABLE WATER
1. The City shall Maximize existing The City utilizes The City The City of
....."'_r...".,...""".........+". ",:'!:"";+h +1-.=- +:-.'"""~1~+-~="" ~1 .......,.. ~ ,'''' ... """", --- ~."
......\.Jv1"\"I.LUi.~ VY.LI...U. &,.1..1.\,.1 J..U\";.L.L.1UVi.:). . l.i1.e LilY OI . linilzes me cny . cocoa jjeacll
City of Cocoa to Cocoa Beach's of Cocoa anticipates no
assure and maximize potable water Beach's potable capacity related
use of existing facilities which water facilities problems
potable water were adequate at which are through 2010.
facilities for all the time. adequate.
existing and future
residents and
businesses in the City
of Cape Canaveral in
order to have access
to potable water
facilities during the 5-
to 10-year time-frame
and encourage infill
development to limit
urban sprawL This
objective is measured I I I I
I ~y"w.~ethe~ or .not I I
pOlHOle Vy'lllCr IS
available for all
residents and
businesses and the
extent to which
development takes
place on infill parcels;
and the degree to
I \vhich the follovving
Policies are Ongoing
il1lplemented.
2. ...A...ssure that potable Cooperate \vith the .....= f '..'1-0:7 I l'he City I "T'I....~ I~';""". ___...J_
.LH'-' vu.y .L HC '-'H Y HCCU:;
water is available to City of Cocoa and the cooperates with utilizes all to verify any
all existing and future St. Johns River Water bot.h the City of applicable changing
residents and Management District Cocoa Beach and conservation conservation
businesses, even in establishing, the St. Johns strategies and techniques and
during times of cL."-"j ....~1~........:......rr ..........A River vVater techniques. strategIes are
UtlH.6HIC; allU
weather. enforcing potable Management listed in the
Measurement of this water conservation District. LDRs.
Objective is the extent strategies and
to which potable techniques.
water is available to
all residents and
businesses and the
degree to which the
following Policies are
implemented. Ongoing
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Natural Groundwater Aquifer Recharee Sub Element
Goal
Assure that as much surface water as possible is allowed to percolate to recharge the shallow aquifer
through the protection and use of recharge areas and natural drainage features.
Objective AR-l
Assure that, to the extent feasible, stormwater is allowed to percolate for recharge of the shallow aquifer
through the protection and use of recharge areas and natural drainage features. The measurement of this
Objective is the level of the aquifer plus the degree to which the following Policies are implemented.
Achievement Analysis
The City continues to coordinate with St. Johns River water Management District on all new and
redevelopment projects.
Policy Relevance
The Objective should be continued.
Objectives Matrix
Objective Target Conditions Current Comments and
I When Plan Was Conditions Success, Failure I
Ado ted I or On oin
NATURAL GRuUNU\V ATKK A11UIFER RECHARGE
1. Assure that, to the Allow stOlmwater to The City The City Coordination
extent feasible, percolate for recharge coordinates with coordinates with St. Johns
st01J1hvater is allowed the St. Johns with the St. River Water
to percolate for River Water Johns River Management
rechar(!:e of the Management Water District is an
shallow aquifer District on all Management ongomg process.
tDIough the protection nevI and District on all
and use of recharge redeveloprr..ent new and
areas and natural projects. I red~velopment
drainage features. The projects.
, measurement of this ,
Objective is the level
of the aquifer plus the
degree to which the
following Policies are
implemented. n~~~;~~ I
I I I ,_n.L5VllJ.5 *It is recommended that pursuant to updates in Chapters 163.3167, 163.3177(4)(a), (6)(c), 163.3180 and
163.3191, F.S., new Objectives and Policies dealing with coordination of the regional water supply plan,
a 10-year workp1an, development of alternative water supply projects and general project impact on water
supply coordination should be established in each section of the Infrastructure Element. It should be
noted that under these new Objectives concerning the regional water supply adoption is required within
18 months of Brevard County's adoption of the plan.
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3.4 Transportation Element
The Transportation Element contains one Goal, four Objectives and various policies designed to
implement actions and measure progress towards the Goal of the Transportation Element.
Goal
The City of Cape Canaveral, through cooperation with area wide transportation agencies, shall continue
to develop and coordinate a comprehensive transportation system that: serves the needs of all segments
of its population; is in support of the Land Use and other elements of the Comprehensive Plan; provides
adequate and safe access to adjacent land uses; promotes sound development policies; is an efficient and
effective use of public resources; and promotes the efficient utilization of energy resources.
Objective T-1
In conjunction with area wide agencies, Brevard County and the State of Florida, the City of Cape
Canaveral shall provide for a safe, convenient and efficient motorized and non-motorized transportation
system. The measurement of this Objective is the safety, convenience and efficiency of the City's
transportation network and the degree to which the following Policies are implemented.
Achievement Analysis
Recently, sidewalks have been upgraded on AlA or are no longer intermittent on the west side of AlA.
The City coordinates with the FDOT, the MPO and the SCAT, which provides public transpOliation
within the City. The City should consider working with Brevard County on a trail and blue-way system
and add policies as appropriate. .AJso, in December 2006 the Cirj adopted a proportionate fair share
mitigation ordinance required by Florida Statute.
Policy Relevance
Additional policies should be added pursuant to updates in Chapter 163.3180, F.S., regarding
proportionate fair share mitigation options and the timing of construction of transportation facilities.
Additional policy language should be adopted in Policy T -1.2 describing the methodology for impacts on
transportation facilities as reflected in Chapter 163.3191, F.S. Rule 9J-5.019(4)(c), F.A.C., concerning
safe, convenient on-site traffic flow, while practiced in the Cit'j, should be added as a policy in the
section. Rule 9J~5.0055(2)(c) and (9), F.A.C., with regard to level of service standards and proportionate
share contribution additional policies should also be established in the Objective.
Objecti;re T-2
The City shall coordinate the traffic circulation system with the future land uses shown on the future land
use map or map series as development takes place. The Measurement of this Objective is the degree to
which the following policies are implemented.
Achievement Analysis
The City works closely with FDOT, Brevard County and the MPO. The City should also continue to
coordinate with the City of Cocoa Beach and the Port on development impacting the traffic circulation
system.
Policy Relevance
Pursuant to updates in Rule 9J-5.019(4)(b) and (c), F.A.C., policies should be added regarding
coordination of ports, airports or other facilities with other elements of the comprehensive plan.
Objective T-3
The City shall work with the Florida Department of Transportation, Brevard County, the Metropolitan
Planning Organization, and any other appropriate transportation planning bodies to assure the
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exchange of information to coordinate the plans and programs of all the agencies involved as they relate
to the overall transportation network within the City. The measurement of this Objective shall be the
degree to which the following Policies are implemented.
Achievement Analysis
The City works closely with FDOT, Brevard County and the MPO. The City should also coordinate with
the City of Cocoa Beach and the Port on development impacting the traffic circulation system.
Policy Relevance
Similar to the ICE, updates in Chapter 163.3180(10), F.S., requires a policy to be added establishing LOS
standards on the SIS consistent with adjacent jurisdictions. Further, Chapter 163.3180, F.S. and Rule 9J-
5.0055(3)(6), F.A.C. both require records and review of de minimis impacts on the transportation
network.
Objective T-4
The City shall protect existing and future rights-of-way from building encroachment. The measurement
of this Objective is the lack of building encroachment on existing and future rights-of-way and the degree
to which the following Policy is implemented.
Achievement Analysis
The City implements LDRs and does not approve variances that encroach in the setbacks.
Policy Relevance
The City should continue the Objective.
Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
TRANSPORTATION ELEMENT
, 1. In conjunction with Provide for a save I Roadway LOS Recently The City should
area wide agencies, motorized and non was adequate. sidewalks have work with
Brevard County and motorized Sidewalks for been upgraded Brevard County
the State of Florida, the transportation system pedestrian use on AlA and on trail system
, , , - ,
, City of Cape Canaveral within City limits. on AlA and N. are no longer and blue-way
shall provide for a safe, Atlantic A venue intermittent on system. The City
convenient and are intermittent. the west side of should also
efficient motorized and The Space Coast A 1 A. The City continue to
non-motorized Area Transit adopted a coordinate with
transportation system. , (SCAT) system proportionate the FDOT, the
The measurement of provided public fair share Metropolitan
this Objective is the transportation. mitigation Planning
safety, convenience ordinance in Organization
and efficiency of the December (MPO) and
City's transportation 2006 as SCAT.
network and the degree required by
to which the following Florida Statute.
Policies are
implemented.
Ongoing
r
,
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Ado ted or On oin
TRANSPORTATION ELEMENT
2. The City shall Maintain an The City works With the The City should
coordinate the traffic acceptable LOS closely with proposed continue
circulation system with through the FDOT, Brevard transfer of the working with the
. the future land uses . coordination of land . COlli!rj and t.\e _1...____ - --.--.-~ - .--.-~ - - -'-- -
-.............- ' appuprmu;;
shown on the future use and developer MPO. mentioned agencies. The
land use map or map contribution to County Roads, City should also
series as development transportation system the City will coordinate with
takes place. The as impacted by work with the the City of
Measurement of this developers. FDOT, MPO Cocoa Beach
Objective is the degree and SCAT. and the Port with
to which the following regard to
policies are development
implemented. which may
impact the traffic
circulation
system.
Success/Ongoing
3. The City shall work Coordinate "'lith the The City works With the The City should
with the Florida appropriate closely with I proposed I continue
Deoartment of govermnent agencies I FDOT, Brevard trancf"",... "f th", I :~~;;~::th the I
I . UUM V U'V
I Tr~nsportation, above
I D_....,,~.,.._..,] 0_H_~. .....L_ to assure that the I C~m;:ty and the mentioned
VI C v d1 U l~--,U UIH-)' 5" tilt::: plans and programs MPu. agcncIes. The
Metropolitan Planning of all the entities County Roads, City should also
Organization, and any involved effectively the City will coordinate with
other appropriate interrelate work with the the City of
, transportation planning FDOT, MPO Cocoa Beach
bodies to assure the and SCAT. and the Port with
necessary exchange of regard to
information to development
coordinate the plans which may
and programs of all the impact the traffic
agencies involved as circulation
thpu rpl<:lt~ tn th.o , , , I ~,,~tpm
t ................' .....................""........ ............... ....J .................6..
overall transportation Additionally,
network within the Chapter
City. The measurement 163.3180, F.S.
ofthis Objective shall requires a policy
be the degree to which to be added
the following Policies establishing LOS
are implemented. on the SIS and
coordination of
de minimis
impacts on the
transportation
network.
Success/Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Ado ted or On oin
TRANSPORTA nON ELEMENT
4. The City shall Prevent building The City The City The City should
protect existing and encroachment in implements implements continue the
future rights-of-way existing and future LDRs and does LDRs and does policy.
+TAm hUl1rl-i-nn- r1'nht-C1 f"\,+ '''11....''., _........+ ......___~ww~ __ _.L ___________
I ..... .......--.:.-...-.....,......
' ..:......--..:....:..""- "--."-"'..:...:.~..:..........6 . .:.:.:.:5.:.:.:.::...::-.......~-'ty~;. . HV' "PP1VV\o ................. Y-P.t"....'-.I" " v
encroachment. The variances that variances that
measurement of this encroach in the encroach in the
Objective is the lack of setbacks. setbacks.
building encroachment
on existing and future
rights-of-way and the
degree to which the
following Policy is
implemented.
Success/Ongoing
3.5 Parks and Recreation Element
The Parks and Recreation Element contains one Goal, four Objectives and various policies designed to
implement actions and measure progress towards the Goal of the element.
Goal
The overall goal of the Recreation and Open Space Element is to assure that citizens of all ages vvho
reside in Cape Canaveral are provided with a system of facilities and programs to meet their needs for
active and passive recreation.
Objective R-l
The City shall provide access to all of its presently identified recreation sites, including the Atlantic
Ocean Beach and the Banana River. The measurement of this Objective is whether or not all citizens of
the community have access to such sites, and the degree to which the following Policies are implemented.
Achievement Analysis
The 1999 Parks and Recreation Element LOS was 2acres/lOOOpeople. The goal '.vas to achieve
3acres/l000 people by 2001, which has yet to be achieved. However, the City did acquired Manatee Park
and Banana River Park. While no new parks have been acquired since, improvements were made to both
parks. The City is considering locating another park in the north east section of the City.
PolicjT Relevance
Should the City revise the LOS parkland goal the policy should be revised accordingly. Also, pursuant to
updates in Chapter 163.3177, F.S., with regard to waterway sites addressed by the element, additional
policies should be established in the Objective.
Objective R-2
The City shall cooperate with other public and private entities agencies in the provision development of
resources to meet recreation demands. The measurement of this Objective is the degree to which the
following Policies are implemented.
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Achievement Analysis
The City uses an informal coordination process with Brevard County, who maintains Jetty Park and
Cherie Down Park. The County is considering transferring Cherie Down Park to the City. Also, the
County designated the Banana River as a blue-way trail, which is used for canoeing and kayaking. The
City should consider locating another park in the northeast section of the City.
Policy Relevance
The City should continue the Objective.
Objective R-3
The City shall determine its need to develop, own and manage open-space areas. The measurement of
this Objective is the degree to which the following Policies are implemented.
Achievement Analysis
Inventory of available open space tracts has been provided and reviewed. The City is actively
considering available sites for acquisition.
Policy Relevance
The City should monitor an inventory of available open space areas for acquisition.
Objective R-4
As deficiencies in recreation facilities are identified, the City shall seek new areas and facilities to
overcome the deficiencies. The measurement of this Objective is the degree to Wllich the followillg
Policies are implemented.
Achievement Analysis
At the time of the 1999 plan the City had sufficient acreage to meet LOS standards. However, the policy
to strive for 3acres/1 000 people has not been realized.
Policy Relevance
The City should consider revising the policy or pursue the goal of 3acresll 000 people.
Objectives Matrix
! -.. ~ . ~ I T~...._......... . r't__.J.!.l-.!____ , i F"'i ,..
. .-.........~+........""' I , Current ~ommenlS ana
'-'UJC\..Ul'C .liU!;;.,l '-'UUUll1UUIi
When Plan Was Conditions Success, Failure
Adopted or Ongoing
PARKS and RECREATION ELEMENT
1. The City shall Provide and maintain The 1999 Parks Recently no The City is
provide access to ali access to all current and Recreation new parks have considering
of its presently recreation sites. Element LOS been acquired, locating another
identified recreation was 2ac/1 000 but park in the north
sites, including the people. The goal improvements east section of
Atlantic Ocean beach was to achieve 3 have been made the City.
and the Banana River. ac/1 000 people to both
The measurement of by 2001. Manatee Park
this Objective is and Banana
whether or not all The City River Park.
citizens of the acquired To date the
community have Manatee Park City has not
access to such sites. and Banana met the goal of
RiVf~r P:1rk- 4,;]("/1 nnn ;]("TP Onaninn I
, I - - -- - -~-_--:.:_ I - --, ~ - - v _v~ v I ~Ub~U"b
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoin2:
PARKS and RECREATION ELEMENT
2. The City shall Continue to work The City has an The County is The City should
cooperate with other with all Governments informal considering consider locating
public and private agencies and or coordination transferring another park in
p;ntltip~ ~O'p.nr-.l~C' in n:rl'u<:lfi3 CI"'\.H.rr"'OC' f'o.:r _:rr..ro.a.l"1i"'l "O:T."';4-h ~ Cherie Devill ...1.._ __-"-1-. __...,L
~,="""""=",,,,"""""; "'''0"'-''=''='';''';'"'-"-' ..::..:...:.. - r-';'''::''='''''''" ;.j,-'~"-'_'v ..:t.........;. . F<V'"''"''''' WH<< ~ i.ll\; liUi Hi CUOL.
the provision funding and/or Brevard County Park to the section of the
development of development of who maintains City. Also, the City.
resources to meet recreation facilities Jetty Park and County
recreation demands. such as bikeways; Cherie Down designated
The measurement of Ensure new large Park Banana River
this Objective is the development provide as a blue-way
degree to which the additional recreation. trail, which is
following Policies are used for
implemented. canoeing and
kayaking. Success/Ongoing
3. The City shall Inventory available Inventory was Inventory of The City should
determine its need to open space tracts and not available at available open set a date to
develop, own and decide which ones (if the time. space has been implement or
manage open-space any) would be most provided and standards to
areas. The suitable given the The 1999 Parks reviewed. follow by
measurement of this City's needs and and Recreation revising the
Objective is the fInancial resources Element - open policy or
degree to which the space LOS was p~~suin? !~~ goal I
follo\'ving Policies are lae/lOOO people. at 1 ac/lUUU
implemented. people.
Ongoing
4. As deficiencies in The City shall At the time the However, the The City should
recreation facilities monitor the need for plan had policy to strive either revise the
are identified, the additional recreational sufficient for 3 policy or pursue
City shall seek new and open-space areas acreage to meet acres/lOOO has the goal of 3
, M'oon o_A +o~'l'<'oo .~ and strive for 3 acres! LOS. I not been acres/l 000
I a.1l;,-Q,;:' a.uu 1.a.1.;.,1l1L1C;~ LV
overcome the 1000 population for realized. No people.
I :~~~~~~:~t~~ethis all parks. additional
1.1 11 ,
I ~'...lTVI'-'lTln n<:Jco
pu......l-'lo..u..u..I.U ..I..U.I.o,:,
Objective is the been acquired.
degree to which the
following Policies are
implemented. Ongoing
3.6 Housing Element
The Housing Element contains one goal, nine objectives and various policies designed to implement
actions and measure progress towards the goal.
Goal
Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary
housing at an affordable price.
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Objective H-1
Periodically review and update the regulations and limitations regarding housing construction in the
different zoning districts of the City in order to maintain and/or upgrade existing standards of housing in
terms of floor space, lot size, etc. The measurement of this Objective is the actual review and update of
these regulations, plus the degree to which the following Policies are implemented.
Achievement Analysis
The City allows for the private sector to provide and create housing opportunity.
Policy Relevance
The City should continue the Objective.
Objective H-2
The City shall identify and implement measures which facilitate the provision of additional decent, safe,
and sanitary affordable housing in the community to address the unmet housing needs of the lower-
income segment of the population. The measurement of this Objective is the extent to which housing
nccds are met for the general populace, lower-income families and those with special needs, plus the
degree to which the following policies are implemented.
Achievement Analysis
The City provides for decent, safe and sanitary housing conditions. In 2000, the Shimberg Center for
Affordable Housing identified 264 substandard housing units within the City. In March 2007 the City
updated the 1999 Redevelopment Plan which calls for a reduction of substandard units by 2012.
Poiicy Relevance
The City is exempt from an affordability analysis based on Rule 9J-5,010(3)(c)(!O), F,A.C, which states:
"If it is not economically feasible to meet affordable housing needs within its jurisdiction because of
unusually high property values within its jurisdiction, or if meeting that demand within its jurisdiction
would require the direction of populations toward coastal high hazard areas, a local government may
satisfy this criterion by having entered into an interlocal agreement with a nearby local government."
However, pursuant to updates in Rule 9J-5.010(1)(c), F.A.C., the City should adopt a policy with the
required definition of Sllbstandard housing and consider adding a policy to reduce the l1ul11ber of
substandard housing units by 2012.
.,.-"..._~ _ _ "'''m... m TT ....
UiijeCHVe n-j
Protect existing and future neighborhoods from impacts that would negatively affect the quality of the
residential environment and eliminate substandard housing conditions and work toward the structural and
aesthetic improvement of existing housing. The measurement of this Objective is the number of
substandard housing units eliminated and the amount of structural and aesthetic improvement of existing
housing, plus the degree to which the following Policies are implemented.
Achievement Analysis
The City uses existing standards for addressing the quality of housing.
Policy Relevance
The City should continue the Objective.
Objective H-4
Provide adequate sites for low- and moderate-income families and for manufactured homes. Thc
measurement of this Objective is the number of sites for low- and moderate-income families and for
rDal1ufactllred llornes \vithin theCirj, plus the dec;1.ec to which the follo'Vtling Poiicies are inlplenlented.
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Achievement Analysis
The City allows the housing market to operate how it deems necessary. In a proactive effort to provide
affordable housing for example, the City allows for units as small as 750 square feet per dwelling unit in
the R-2 medium density residential zone.
Policy Relevance
The City should continue the Objective, and as referenced above consider a housing update on
affordability.
Objective H-5
Provide adequate sites in areas of residential character for group homes and foster care facilities licensed
or funded by the Florida Department of Health and Rehabilitative Services. The measurement of this
Objective is the number of sites available for such facilities, plus the degree to which the following
Policies are implemented.
Achievement Analysis
The City allows the housing market to operate how it deems necessary. Also, the City evaluates group
homes and foster care on a case by case situation.
Policy Relevance
The City should continue the Objective.
Objective H-6
The City shall take steps to identify and preserve all historically-significant housing.
Achievement Analysis
The City works with the Brevard County Historical Committee and State of Florida Historic Resources
Department.
Policy Relevance
The City may want to explore grant funding for an archeological/historic property survey of the City.
Objective H-7
Provide necessary relocation housing. The measurement of this Objective is the provision of relocation
housing when it is needed, and the degree to which the following Policy is implemented.
Achievement Analysis
The City does not currently have housing relocation issues. Should the City need to provide relocation
housing all applicable standards will be followed by law as required.
Policy Relevance
The City should continue the Objective.
Objective H-8
Formulate housing implementation programs. The measurement of this Objective is the end product plus
the degree to which the following Policies are implemented.
Achievement Analysis
To date no housing implement program has been established, however an evaluation of available housing
implementation programs should be considered.
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Policy Relevance
The City should investigate and evaluate the housing implementation programs available to the City and
add policies or additional objects as necessary.
Objective H-9
Encourage a variety of housing types within the City, to provide for adequate sites and distribution of
housing for low-income and moderate-income households, and to promote housing policies that reflect
sound land use principles and development practices. The measurement of this Objective is the extent to
which housing variety occurs within the City and the degree to which the following Policies are
implemented.
Achievement Analysis
The City allows market conditions and private developers to provide the appropriate housing types within
the City. Currently, one PUD exists.
Policy Relevance
The City should continue the objective and add policies according to Chapter 163.31771, F.S., which
provides local governments the option of using accessory dwelling units in single family zones to
promote affordability and housing variety. This policy should be added to the Land Development
Regulations as needed.
Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
I A.dopted or Ongoing
HOUSING ELEMENT
1. Periodically Review and update The City allowed The City The City
review and update the housing requirements the private sector allowed the allowed the
regulations and and regulations to provide and private sector to private sector to
limitations regarding create housing provide and provide and
housing construction opportunity. create housing create housing
in the different zoning opportunity. opportunity.
, ~~~~~c:~ ~a~~ai'~ty in I I
, and/or upgrade I I
. existing standards of .
housing in terms of
floor space, lot size,
etc. The measurement
of this Objective is
the actual review and
update of these
regulations, plus the
degree to which the
following Policies are
implemented. Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or On2oing
HOUSING ELEMENT
2. The City shall Promote additional The City The City In 2000 the
identify and decent, safe, and provides for provides for Shimberg Center
implement measures sanitary affordable decent, safe and decent, safe and for Affordable
which facilitate the housing sanitary housing sanitary Housing
provision of conditions. hOlls in (1 identified 264
-~ ~ _.._.~~-o
additional decent, conditions. substandard
safe, and sanitary housing units
affordable housing in within the City.
the community to The updated the
address the unmet 1999
housing needs of the redevelopment
lower-income plan in March
segment of the 2007 which calls
population. The for a reduction
measurement of this from 264
Objective is the substandard
extent to which units to under
housing needs are met 200 units by
for the general 2012.
populace, lower-
income families and Based on 9J-
those with special 5.01O(3)(c)(10),
needs, plus the degree I F AC, the City is
to which the exempt from
following policies are providing an
implemented. affordability
analysis.
Ongoing
3. Protect existing and Develop principles The City utilizes The City The City
future neighborhoods and standards to existing continues to continues to
from impacts that guide conservation, standards for util1ze existL'1g utilize existing
would negatively rehabilitation and addressing the standards for standards for
affect the quality of demolition techniques quality of addressing the addressing the
the residential and strategies to . housing. 111l<l1i1>, "f rlll'.:ll-inr Af"
. ___~"'~T ......~ . ..........u..""-... L Y '.~.'
, -
environment and upgrade housing housing. housing.
eliminate substandard within the City
housing conditions
and work toward the
structural and
aesthetic
improvement of
existing housing. The
measurement of this
Objective is the
number of
substandard housing
units eliminated and
the amount of
structural and
aesthetic
improvement. Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
HOUSING ELEMENT
4. Provide adequate Provide adequate The City allows The City allows In a proactive
sites for low- and sites for low- and the housing the housing effort to provide
moderate-income moderate-income market to operate market to for affordable
families and for families and for how it deems operate how it housing, the City
manufactured homes. manufactured homes. necessary. oeems !!lloUls for 'ltrits
The measurement of necessary. as small as 750
this Objective is the square feet in the
number of sites for R-2 zone.
low- and moderate-
income families and
for manufactured
homes within the
City, plus the degree
to which the
following Policies are
implemented. Ongoing
5. Provide adequate Permit housing for The City allows The City allows The City
sites in areas of low- and moderate- the housing the housing evaluates group
residential character income families in market to operate market to homes and foster
for group homes and manufactured homes, how it deems operate how it care on a case by
foster care facilities group homes, foster necessary. deems case situation.
licensed or funded by care facilities, and I necessary.
I ~:~~~:~:t of Health I households with
special needs,
and Rehabilitative including supporting
services. The infrEL'il[JJcture and
measurement of this public facilities
Objective is the
number of sites
available for such
facilities, plus the
degree to which the I I
following Policies are
implemented. Ongoing
6. The city shall take . As housing in the . The CiPj works 'T'hp ritu uTArlrc 'T'h.:. r~t"tT H,.........lr('l
. ~.. ~_~.... "-/~t,j ~~ '_'~~'!>..~ . .:. 1...:...... "-.1.~J ~'!v..t.r-_;;:,
steps to identify and City attains historical with the Brevard with the with the Brevard
preserve all significance, such County Brevard County County
historically- housing shall be Historical Historical Historical
significant housing. identified Committee and Committee and Committee and
State of Florida State of Florida State of Florida
Historical Historical Historical
Resources Resources Resources
Department. Department. Department.
7. Provide necessary Provide relocation The City does The City does Should the City
relocation housing. housing. not currently not currently need to provide
The measurement of have housing have housing relocation
this Objective is the relocation issues. relocation housing all
provision of issues. applicable
relocation housing standards
when it is needed. required by law
will be followed.
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
HOUSING ELEMENT
8. Formulate housing Investigate the To date no To date no The City should
implementation availability, housing housing investigate and
programs. The suitability and implementation implementation evaluate the
measurement of this applicability of program has program has housing
Objective is the end federal, state and been established been imnlpmp.l1t~tion
--....-r.... ---..............-......- V~ ~ ~~
product plus the local housing-subsidy established. programs
degree to which the programs and shall available to the
following Policies are decide which, if any, City.
implemented. shall be used by the
City Ongoing
9. Encourage a Encourage a valiety There is one The City allows The City should
variety of housing of housing types. PUD existing in market continue the
types within the City, the City. conditions and objective.
to provide for private Additionally, if
adequate sites and developers to desired the City
distTibution of provide the should add a
housing for low- appropriate policy (and cross
income and moderate- housing types reference in
income households, within the City. Land
and to promote Development
housing policies that Code) in
reflect sound land use accordance with
principles and Chapter
development 1 L"J '11-r-,1 TIe'l
.lUJ~.Jl!ll;;rC';
practices. The which provides
measurement of this for accessory
Objective is the dwelling units in
extent to which single family
housing variety zones to promote
occurs within the City affordability and
and the degree to housing variety
I which the following I I I
I Policies are =
I implemented. I Success
3.7 Future Land Use Element
The Future Land Use Element contains one Goal, nine Objectives and various policies designed to
implement actions and measure progress towards the Goal of the element.
Goal
The overall goal for the City of Cape Canaveral for future land use is to insure the proper relationship
among residential, commercial, industrial, recreational and other activities in order to maximize the
efficient use of land, accessibility to the circulation system and general compatibility among the land
uses.
Objective LU-l
The City shall coordinate future land uses with the appropriate topography, soil conditions, and the
availability of facilities and services. The measurement of this Objective is the coordination of land uses
with the above parameters and the degree to which the following Policies are implemented.
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Achievement Analysis
The City actively coordinates future land uses with the appropriate areas at time of site plan review and
permitting.
Policy Relevance
Pursuant to updates in Chapters 163.3177 (4)(a) and (6)(c) and 163.3178 (2)(c), F.S., with regard to water
supply plans and depicting the CHHA on the FLUM, additional policies should be established in the
Objective. According to Chapter 163.3177(6)(a), F.S., a policy should be added to clearly define in
which land uses public schools are allowed. A map depicting these areas may be included.
Objective LU-2
Should blighted areas occur, the City shall work toward redevelopment or renewal of such areas. The
measurement of this Objective is the continuing lack of blighted areas and the degree to which the
following Policy is implemented.
Achievement Analysis
The City adopted a redevelopment plan in 1999. The informal plan was used as a guide, however no
redevelopment district was established. In March 2007, planning staff reviewed and updated the 1999
redevelopment plan and creation of a CRA is currently under consideration.
Policy Relevance
The City should continue the objective.
Objective LU-3
The City shall work toward the elimination or reduction of uses inconsistent with the connnunity's
character and future land uses. The measurement of this Objective is the consistency and compatibility of
land uses within Cape Canaveral and the degree to which the following Policies are implemented,
Achievement Analysis
The City had numerous inconsistent land uses and no clearly defined community character. Through the
effort of a Community Appearance Board created to deal with the discrepancies, a more consistent
community image is taking shape. Additionally, Chapter 1633178(2)( c), F.S. establishes the criteria
which requires electric distribution substations to be permitted in all FLUI\.1 categories and Rule 9J-
5.019(4)(b), F.A.C., requires coordination with the Transportation Element in siting ports, airports or
related facilities.
Policy Relevance
The City should continue the Objective and adopt policies pursuant to the statute and rule referenced
above.
Objective LU-4
The City shall enforce its regulations for protection of natural resources and historic resources. The
measurement of this Objective is the extent to which natural and historic resources are protected and the
degree to which the following Policies are implemented.
Achievement Analysis
The City relies on other environmental agencies to enforce environmental regulations. The City also
works with Brevard County Historical Committee and the State of Florida Historic Resources
Department.
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Policy Relevance
The City should continue the Objection but also consider looking for grant funding for an archeological /
historical property survey of the City.
Objective LU-5
The City shall coordinate coastal area population densities with the local hurricane evacuation plan. The
measurement of this Objective is the density of population in the coastal area and the degree to which the
following Policy is implemented.
Achievement Analysis
The City allows a maximum density of 15 dwelling units per acre. No comprehensive plan amendments
for increased density have been approved.
Policy Relevance
The City should continue the Objective. In accordance with Chapter 163.3 1 78(2)(c), F.S. and similar to
the recommended policy in the Coastal Management Element, the FLlJM should be amended to depict
the CHHA by July 1, 2008.
Objective LU-6
The City shall attempt to prevent urban sprawl. The measurement of this Objective is the extent to which
urban sprawl is prevented and the degree to which the following Policy is implemented.
Achievement Analysis
The City is bordered by water on two sides, Port Canaveral to the north and Cocoa Bcach and a small
enclave to the south. The City does not have the ability to sprawl and is mostly involved with
redevelopment and reuse at this time.
Policy Relevance
The City should continue the Objective.
Objective LU-7
The City shall ensure the availability of land suitable for utility facilities necessary to support proposed
development. The measurement of this Objective is the availability of land for utility facilities.
Achievement Analysis
The Citl has aV"oilable capacirj for \vater, seVier al1d park facilities. As population increases the Cilj l11ay
need to increase park inventory and drainage facilities may need to be evaluated to ensure functionality
with the increased population.
Policy Relevance
The City should continue the Objective.
Objective LU-8
The City shall work toward the use of innovative land development regulations. The measurement of this
Objective is the extent to which innovative land development techniques are allowed and the degree to
which the following Policy is implemented.
Achievement Analysis
There is one existing Planned Unit Development existing in the City. However, the City is actively
exploring mixed use districts and their potential.
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Policy Relevance
The City should continue the Objective.
Objective LU-9
The City shall alleviate the impacts of inadequate public facilities and services, substandard structures and
lot configurations in the blighted or other affected areas in the County through redevelopment and
beautification activities.
Achievement Analysis
The City adopted a redevelopment plan in 1999 which was used as an informal guide. In March 2007
planning staff reviewed and updated the plan. Reuse and redevelopment has reduced some of the
conditions related to blight and substandard lot configurations.
Policy Reference
The City should continue the Objective. Also, Objective H-2 in the Housing Element references an
update to Chapter 9J-5.010(l)(c), F.A.C., requiring a definition of substandard housing. Consider
replicating policy in this Objective also.
Objectives Matrix
Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
FUTURE LAND USE ELEMENT
1. The City shall Coordinate land uses The City actively The City The City should
coordinate PJtUIe land \vith adequate coordinates actively continue the
uses with the infrastructure and future land uses coordinates objective.
appropriate soils to support new with the future land uses Additionally,
topography, soil development. appropriate with the policies
conditions, and the areas. appropriate referenced above
availability of areas at the regarding
facilities and services. time of site updates to
The measurement of plan review and Florida Statute
this Obiective is the peffilitting. and Rule should ,
I coordi~ation ofland be added as
I uses with the above necessary.
parameters and the , , , ,
, .
degree to which the
following Policies are
implemented. Ongoing
2. Should blighted Monitor city for The City adopted In March 2007 The City should
areas occur, the City blighted areas and a redevelopment tn" I'itv continue the
~~~- -~~J
shall work toward create a plan in 1999. updated the objective.
redevelopment or redevelopment plan The informal 1999
renewal of such areas. should blighted areas plan was used as redevelopment
The measurement of occur. a guide, however plan.
this Objective is the no district was
continuing lack of established.
blighted areas. Ongoing
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoinl!
FUTURE LAND USE ELEMENT
3. The City shall Work toward the The City had Through the The City should
work toward the elimination of numerous efforts of the continue the
elimination or incompatible land inconsistent land Community objective and
reduction of uses uses. uses and no Appearance also add policies
inconsistent with the clear'Iv nefinen R^~rd <;t tyl;OTP - to reflect the
- - "-...""J --~------ - ~-"-'~':'~, =..:..:....:."-'"..::."-.
community's community consistent allowance of
character and future character. A community electric
land uses. The Community image is taking substations in
measurement of this Appearance shape. FLUM
Objective is the Board was categories
consistency and created to deal pursuant to
compatibility of land with the Chapter
uses within Cape discrepancies. 163.3178(2)(c),
Canaveral and the FS and to ensure
degree to which the coordination
following Policies are with the
implemented. Transportation
Element in siting
of ports, airports
or related
I facilities,
I pursuant to Rule
I I 9J-5.019(4)(b).
r-\__..,.":__
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4. The City shall Protect natural The City relies The City relies The City may
enforce its regulations resources and historic on other on other want to proceed
for protection of resources through environmental environmental with grant
natural resources and land use & maintain a agencies to agencies to funding for an
historic resources. list of archeological enforce enforce archeological
The measurement of sites. environmental environmental !historical
this Objective is the regulations. The regulations. property survey
, extent to which I City also \vorks Th.e. I~~+u n le....... r..+ +h""" 0~.f-H I
natural and hi;;toric with Brevard I ~~~k;'~i;h"v v, U Ie '--HY.
resources are County I ~~:~~~~a~ounty , I
. protected and the . Historical
degree to which the Committee and Committee and
following Policies are the State of the State of
implemented. Florida Historic Florida Historic
Resources Resources
Department. Department. Ongoing
5. The City shall The City shall The City allows The City allows The City should
coordinate coastal continue to monitor a maXImum a maXImum continue the
area population density of density of 15 density of 15 objective and
densities with the developments, dwelling units dwelling units also add a policy
local hurricane especially in the high- per acre. per acre. There to amend the
evacuation plan. The hazard areas have not been FLUM depicting
measurement of this any the CHHA by
Objective is the comprehensive July 1,2008 in
density of population plan accordance with
in the coastal area and amendments Florida Statute
how Policy is for increased Success.
implemented. density.
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Adopted or Ongoing
FUTURE LAND USE ELEMENT
6. The City shall Prevent urban sprawl The City is The City is The City does
attempt to prevent through land use bordered by bordered by not have the
urban sprawl. The designations and water on two water on two ability to sprawl
measurement of this urban infill. sides, Port sides, Port and is mostly
Objective is the Canaveral to the - Canaveral to involved '\vitn
extent to which urban north and Cocoa the north and redevelopment
sprawl is prevented Beach and a Cocoa Beach and reuse at this
and the degree to small enclave to and a small time.
which the following the south. enclave to the
Policy is south. Success
implemented.
7. The City shall Locate and provide The City has The City has As population
ensure the availability land for additional available available increases the
of land suitable for water facilities; capacity for capacity for City may need to
utility facilities require infrastructure water, sewer and water, sewer increase park
necessary to support to be provided by park facilities. and park inventory and
proposed developers concurrent facilities. drainage
development. The with their facilities may
measurement of this developments. need to be
Objective is the evaluated to
availability ofland ensure
for utility facilities. functionality
with increased I
population.
S. The City shall Allow Planned Unit There is one There is one The City should
work toward the use Developments with PUD existing in PUD existing in continue the
of innovative land criteria listed in the City. the City. objective.
development policy LU-S.I However, the
regulations. The City is actively
measurement of this exploring
Objective is the mixed use
extent to which , districts and
innovative land I the i.- potenti,1.
development
. techniques are
allowed. Ongoing
9. The City shall Promote and achieve The City adopted In March 2007 Consider
alleviate the impacts redevelopment and a redevelopment staff updated replicating
of inadequate public beautification plan in 1999. the 1999 policy (as in
facilities and services, activities. The infoITI1al redevelopment Objective H-2
substandard structures plan was used as plan. Housing
and lot configurations a guide, however Reuse and Element) from
in the blighted or no redevelopment Rule 9J-
other affected areas in redevelopment has reduced 5.010(I)(c),
the County through district was some of the F AC requiring
redevelopment and established. conditions the definition of
beautification related to blight substandard
activities. and housing.
substandard lot
configurations. Ongoing
TL_ ......., r.......
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3.8 Capital Improvements Element (CIE)
The CIE contains one Goal, four Objectives and various policies designed to implement actions and
measure progress towards the Goal of the element.
Goal
The overall goal for the Capital Improvements Element of the City of Cape Canaveral is to provide a
program to coordinate the timing and to prioritize the provision of capital improvements which support
the goals, objectives and policies of the City's Comprehensive Plan and encourage efficient and fiscally-
sound utilization of public facilities; this includes the principle that the Capital Improvements Element is
to serve as a tool for decision-making by the City government.
Objective CI-l
The City shall utilize the Capital Improvements Element as a tool to ensure that capital facilities are made
available in a timely manner to satisfy existing deficiencies, accommodate infrastructure needs for
planned future growth, and replace obsolete or worn-out facilities. The measurement of this Objective is
the degree to which the following Policies are implemented.
Achievement Analysis
The 1999 CIE contained the Capital Improvement Schedule and Budget tables for years 1998-2010.
Policy Relevance
The Capital Improvements Schedule and Budget should be reviewed and updated annually. The planning
horizon time frame should also be updated. Also, policies should be added pursuant to Chapter 163.3180,
F.S. and Rule 9J-5.0055, 9J-5.016 and 9J-5.0l9, F.A.C., relating to level of service standards, financial
feasibility and school concurrency, to name a few.
Objective CI-2
The City shall adopt an Annual Capital Improvements Budget as a part of its annual budgeting process
which is consistent with the Capital Improvements Schedule and Budget of this Element The
measurement of this Objective is the extent to which it is accomplished and the degree to which the
following Policies are implemented.
Achievement Analysis
The City updates the Capital Improvements Plan during the budgeting phase each year. According to
Chapter 163.3177 (3)(b)(1), F.S., arrlendJ.J..Lents to implement public facility COl1sistel1cy with the Clb are
required to be adopted and transmitted to DCA by December I, 2007.
Policy Relevance
The City should identify if any amendments are needed pursuant to Florida Statute and adopt and transmit
by the December 1, 2007 deadline. The City should also commit to reviewing and adopting a revised
Capital Improvements Schedule and Budget annually.
Objective CI-3
The City shall ensure that its public facility expenditures do not unnecessarily subsidize development in
high-hazard coastal areas, except for expenditures for public land acquisition or enhancement of natural
resources. The measurement of this Objective is the degree to which public facility expenditures are
restricted in high-hazard coastal areas, plus the extent to which the following Policies are implemented.
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Achievement Analysis
The City does not locate public infrastructure within coastal high-hazard zones. The City also requires a
developer to pay for necessary public facilities to eliminate expenditure of public funds for development.
The City insures all development proposed for coastal high-hazard areas meet FDEP requirements.
Policy Relevance
The City should continue the Objective.
Objective CI-4
The City shall provide the public facilities and the funding required for future growth and redevelopment
and that new growth pays for its fair share of these facility costs. The measurement of this Objective is
the implementation of LOS standards and the degree to which all users pay their fair share of public
facility costs.
Achievement Analysis
The City collects impact fees per adopted impact fee ordinance and also adopted a fair share mitigation
ordinance for roadway improvements. To date there are no LOS deficiencies in the City.
Policy Relevance
The City should continue the Objective and ensure a 5-year schedule of capital improvements is included.
Objectives Matrix
Objective Target Conditions Current C.omnll'nis: l-Incf
- ______mn_ --- _ I
I When Plan Was Conditions Success, Failure
Ado-ted or On -'oin
CAPITAL IMPROVEMENTS ELEMENT
1. The City shall The City shall The 1999 Capital The City's Need to update
utilize the Capital accommodate the Improvement Capital planning year
Improvements public facility needs Element Improvements horizon and add
Element as a tool to of new growth on an contained the Element policies where
ensure that capital ongoing basis. Capital requires the appropriate
facilities are made Improvements Capital pursuant to
aV~11ahl~ -1"111 <:l t-in1;Alu The City shall C......t...........1ul..... .,._....3 T______________..L_ Florida Statute I
I ~~~:r.~;.;a~i;f;'".y GLllC::UUlC; allU HllPiUVC1l1CllL:;
evaluate public Budget table for Schedule and and Rule related I
I existing deficiencies, facilities necessary to years 1998-2010. Budget be to level of
, accommodate _.....~.: .,.__~~...J __..J . sel-vlce
. correct eXiSting . lC"Vl'C\A.C-U ~..uu
infrastructure needs deficiencies. updated standards,
for planned future annually. financial
growth, and replace feasibility and
obsolete or worn-out school
facilities. The COnClli""Tency.
measurement ofthis
Objective is the
degree to which the
following Policies are
implemented. Ongoing
1'""- _ _ /~ _r, rr.
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success, Failure
Ado ted or On oin
CAPITAL IMPROVEMENTS ELEMENT
2. The City shall Update the Capital The City updates The City should Need to update
adopt an Annual Improvements Plan the Capital update the planning year
Capital Improvements annually. Improvements Capital horizon.
Budget as a part of its Plan during the Improvements
annual budgeting nl1rlaptina nh<l~p Rl1rlo-pt rlnrin 0- Ii. rrn1"rlino tn
~ - ---=- - ----0 r ---_._- . _._~--o""'" --~"""'~--'".~.~o ~,,-,,-'",--n_'':''-'-':'':'':'6 :."-"
process which is each year. the next budget Chapter
consistent with the year. 163.3177
Capital Improvements (3)(b)(1), FS the
Schedule and Budget City should
ofthis Element. The identify any
measurement of this amendments and
Objective is the transmit by the
extent to which it is December 1,
accomplished and the 2007 deadline.
degree to which the
following Policies are Also, the City
implemented. should also
commit to
reviewing and
I adopting a
revised Capital
Improvements
I Schedule and
Budget aruluaIly.
Ongoing
3. The City shall The measurement of The City does The City The City should
ensure that its public this Objective is the not locate public follows the continue the
facility expenditures degree to which infrastructure objective. objective.
do not unnecessarily public facility within high-
subsidize expenditures are hazard coastal
development in high- restricted in }1jgh- zones. The City
hazard coastal areas, I hazard coastal ~reas also requires a
except for I developer to pay
. expenditures for Tnr np{"p~C';lru
I ....'-"... .......___....................... l'
public land public facilities
acquisition or to eliminate
enhancement of expenditure of
natural resources. The public funds for
measurement of this development.
Objective is the The City insures
degree to which all development
public facility proposed for
expenditures are coastal high-
restricted in high- hazard areas
hazard coastal areas, meet FD EP
plus the extent to requirements.
which the following
Policies are
implemented. Success
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Objective Target Conditions Current Comments and
When Plan Was Conditions Success,
Adopted Failure or
Ongoing
CAPITAL IMPROVEMENTS ELEMENT
4. The City shall Enforcement and The City collects Per the The City should
provide the public collection of impact impact fees per objective the continue the
facilities and the fees for new adopted impact City utilizes objective.
funding required for development , fee ordinance>:" iO"l:n~f"t f'ppc -fAr
. -"-'--'....1-..."'.-'.. ....._"!..'u ........,..1-
future growth and therefore maintaining improvements
redevelopment and the adopted LOS. and adopted a
that new growth pays fair share
for its fair share of mitigation
these facility costs. ordinance for
The measurement of roadway
this Objective is the improvements.
implementation of Currently, there
LOS standards and are no LOS
the degree to which deficiencies.
all users pay their fair
share of public
facility costs. Success
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6.0 Major Issues
During the course of multiple public workshops and other public hearings the Cape Canaveral City
Commission and City residents identified issues of major concern that are addressed in this section of the
EAR. While a majority of the Comprehensive Plan Elements are discussed not all Elements are included
in this section. Only those the City identified as major issues of concern are listed. These issues were
derived from community meetings held on August 22,2006 and January 25,2007 and prioritized during a
City survey conducted on March 17, 2007. A table outlining the results of the survey are provided at the
end of this section. In order to adequately address these issues changes to the comprehensive plan are
necessary and may be part of upcoming EAR based amendments (see Section 7.0 - Proposed
Amendments).
6.1 Future Land Use Element
The City of Cape Canaveral, like many Florida cities has experienced an increase in population which
translates into a need for updated and current land uses. The Citj is managing the corllmuniry needs by
evaluating major issues generated from public workshops and in March 2007 updated the existing
Redevelopment Plan prepared by the Business and Cultural Development Board. In addition to the
preservation and expansion of City amenities, such as green spaces and beaches, the City is also looking
for redevelopment and infill opportunities and the use of innovative land use techniques, such as Mixed
Use development, to promote a more cohesive and efficient sense of place within the City.
Major Issues
1) Density
2) Height
3) Development Guidelines/Appearance
4) Mixed Use
5) City Hall / TO\vn Center
6) Fuel Tanks
Proposed Actions
n Add GOPs in the FLUE to:
/
. regulate high density development,
= ..., . ..... .. ..
set nelgm stanCiarus,
. promote Development Guidelines and Appearance standards for: an attractive transition
from the Port south and north along North Atlantic, overall community and AlA
beautification, (to include burying power lines), elimination or reduction of run down
properties, encouragement of personal property upkeep, better street lighting and paths
for bicyclists and pedestrians,
. continue promoting Mixed Use techniques to promote development of shops, restaurants
and retail in close proximity to residential areas,
. develop a City Hall or Town Center, to enhance community identity while creating
opportunities for shopping and pedestrian mobility,
. encourage conversion of nonconforming uses into conforming uses (such as Fuel Tanks)
2) Evaluate the Future Land Use Map, and make amendments where necessary, to existing,
transitional or future land use areas corresponding to any of the above proposed actions.
3) Cross reference any proposed amendments with the Land Development Code as applicable.
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6.2 Transportation Element
The City continues to coordinate with Brevard County, FDOT, the MPO and SCAT on safe, convenient
and efficient motorized and non-motorized transportation systems. Currently, there are no LOS
deficiencies on the roadway network within the City. Recently sidewalks were upgraded along AlA and
are no longer intermittent on the west side of AlA. As required by Florida Statute, the City adopted a fair
share mitigation ordinance in December 2006.
Maior Issues
1) Transportation - Traffic Management
Proposed Actions
1) Add language to policy T -1.8 to promote transit system and greater connectivity with the Central
Florida region.
6.3 Housill!! Element
Housing affordability is an issue many residents are currently faced with, whether due to rising median
housing prices or the high cost of insurance. The City's population has risen from 9,165 in 2002 to
10,317 in 2006. The appendix contains various Housing tables which provide a housing inventory,
projected number of households by income range and household income by monthly costs as percentage
of income for owners and renters. These tables demonstrate the need for more affordable housing within
the City. Out of the eight issues identified in the City survey, affordable housing ranks sixth in
importance to respondents.
Major Issues
1) Obtainable / Affordable Housing
Proposed Actions
1) Strengthen or revise Objective H-2 to provide more Obtainable or Affordable Housing within the
City.
0\ ~AA.dd polic:y to Objecti"ve H-8 to identify- areas \vithin the City or surrounding region suitable for
-'-j
use as housing redevelopment areas.
6.4 Conservation and Coastal Management Element
In an effort to protect and conserve the City's resources baffle boxes and reuse lines are in use to aid in
water quality protection, and the City has incorporated "sand fences" with sea oats which have been
successful in replenishing the dune. Also, the City passed an ordinance prohibiting fireworks and alcohol
sales within 300 feet of the shoreline. According to the City survey the issue of Shoreline protection
ranks third out of eight in importance to respondents.
Maior Issues
1) Shoreline Erosion
2) Dune Protection
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Proposed Actions
1) Add policies to Objective CM-3 (Coastal Element) to strengthen/promote standards to manage
Shoreline Erosion,
2) Add policies to Objective CM-4 (Coastal Element) to strengthen/promote dune and sea turtle
protection,
3) Add policies to Objective C-3 (Conservation Element) that will protect and promote remaining
green areas,
4) Add policy to Objective CM-lO (Coastal Element) to undertake an archeological survey to
determine sensitive areas or areas in need of protection,
5) Add policy to Objective CM-lO (Coastal Element) adopting an historic preservation ordinance.
6.5 Parks and Recreation Element
As more areas within the City are developed and living areas become more compact, residents are
searching for additional places to enjoy the natural City amenities. The 1999 E.A.R reflected a LOS for
parks of 2 acres per 1000 people, the goal at that time was to achieve 3 acres per 1000 people. That goal
has yet to be realized. According to table 5-2 in the Appendix, by the year 2010 the City will be
experiencing a 6.4 acre deficit in parkland relative to projected population ifno correction is made.
Maior Issues
1) Park Provisions
Proposed Actions
1) Add policies in Objective R-4 to provide more parks with amenities (i.e. restrooms, pavilions),
2) Add policies in Objective R-4 to designate places on the beach for swimming, fishing and dogs to
play.
6.6 Proposed Public School Facilities Element
According to Chapter 163.3177(12), Florida Statutes, and Rule 9J-5, Florida Administrative Code, a new
element in the Comprehensive Plan entitled the Public School Facilities Element is required to be adopted
by December 1, 2008.
Maior Issues
1) Adopt GOPs to create the new element
Proposed Actions
1) Adopt GOPs to create the new element (see more information in the Section 7.0-
Proposed Amendments)
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Gape Canavera~ Cit:y' Celebration
March 17,21007
Survey rescults
Of the surve 's: handed out ~32 were completed and 7 were incomplete for a total of 39 surve s attem ted.
Residenc~v Questions_ _ Yes I No Questions
Status Numbe~r __ Topics Yes No
6 stories
allowed with
developer
Resident? 30 donation? 1 () 29
Property
Owner/Work
in Cit ? 24 r,\i1or€~ arks? 26 6
Visitor? 2
ActuallNumber of Votes Per Survey TopIc
Ranking
Number (and Weighted T01Ivn
weight) Ranking Transportc~tion Densitv Height Architectural Housing Shoreline Center Cit Hall
Most
1m artant #1 8 5 9 9 1 4 6 (I 0
#2 7 4 8 9 2 1 5 2: 0
#3 6 5 6 5 2 3 8 1 1
-----
#4 5 5 4 3 4 3 4 E; 4
#5 4 5 4 2 8 4 5 1 3
#6 3 3 0 1 9 5 3 6; 4
#7 2 2 03 5 2 0 1Ei 4
Least
lm artant #8 1 2 1 0 1 10 1 2 16
I ~ Y~iOte5 per Surve Topic with weighted ranking Town
: . Transportation Denslt Architectural Housln Shoreline Center Cit Hall
40 72 8 32 48 () 0
28 56 14 7 35 14 0
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30 36 30 12 18 48 Ei 6
- -
25 20 15 20 15 20 21- 20
,J
-
20 16 8 32 16 20 4 12
- -
9 0 3 27 15 9 1:[3 12
- -
4 0 6 10 4 0 30 8
- -
2 1 0 1 10 1 r, 16
L.
-
Totals: Most - Least
iimportant 158 201 197 124 117 181 99 74
L_ -
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7.0 Proposed Amendments
Based on the data and analysis reviewed by the EAR, proposed amendments to each element are
suggested. This section will break down the proposed amendments by element as related to:
1) Review of the Existing Goals, Objectives and Policies (Gaps)
2) Public Input/Major Issues
3) 2007 Redevelopment Plan (prepared by the Business and Cultural Development Board)
4) Special Topics
5) Legislative changes
Inten!:overnmental Coordination Element aCE)
1) Review of Existing Gaps
. All the Objectives should be measurable or have a measurable target.
Iii Update Gaps (and/or cross reference) as necessary to reflect 5 and 10 year planning timeframes.
2) Public Input/Major Issues
. N/A
3) Redevelopment Plan ~ Objective 1.5 Administrative
Add new policies to IG-l in the ICE to:
. Establish a Community Redevelopment Agency (eRA).
. Evaluate the potential of participating in the Main Street program.
. Develop a City "brand" or identifiable character which represents the core values of the
community.
. Review the redevelopment plan quarterly, with the next complete update due in 2012.
A) C'pMi~l 'T'~~;M
"'"t J Ll.i a.l .1 VPH..i~
. Assessment of the FLU and Residential Coordination with the Brevard County School Board -
The coordination of the comprehensive plan with existing public schools is required pursuant to
the legislative change in Chapter 163.3191 (2) (k), F.S. This update requires a School
Concurrency Element by December 2008. See also in the legislative changes table below.
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
2002: lei... 2002-296, ss. 1 - j 1, Laws OI Normal > .... Chapter 163, F.S. Element
Citations .....
110 Required that all agencies that review comprehensive plan amendments and rezoning 163.3174 Policy to be adopted in IG-I of ICE.
include a nonvoting representative of the district school board.
III Required coordination of local comprehensive plan with the regional water supply plan. 163.31 77(4)(a) Policy to be adopted in IG-3 ofICE.
Amendments should be adopted
within 18 months of the County's
portion of the Regional Water Supply
Plan adoption.
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115 Required that the intergovernmental coordination element (ICE) include relationships, 163.3177(6)(h) Policy to be adopted in lG-3 ofICE
principles and guidelines to be used in coordinating comp plan with regional water supply
plans.
117 Required that counties larger than 100,000 population and their municipalities submit a 163.3177(6)(h)6.,7., Coordinate with Brevard County and
inter-local service delivery agreements (existing and proposed, deficits or duplication in &8. add policy to IG-3 of the ICE based
the provisions of service) report to DCA by January I, 2004. Each local government is on County Report.
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 duplications.
120 Added a new Section 163.31777 that requires local governments and school boards to enter 163.31777 Policy to be adopted in IG-I of ICE to
into an inter-local agreement that addresses school siting, enrollment forecasting, school reflect the existing interlocal
capacity, infrastructure and safety needs of schools, schools as emergency shelters, and . agreement with the Brevard County
sharing offacilities. School Board and the requirements of
this statute.
128 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 Ian.
Policy to be adopted in IG-I of the
ICE for establishment of the Public
School Facilities Element.
(12)(i): Required DCA to establish a schedule for adoption of the public school facilities Policy to be adopted in IG-I of ICE
element. The schedule shall provide for each county and local government within the regarding the timing of the new
county to adopt the element and update to the agreement no later than December I, 2008. Element.
149 (2)(a): Required consultation with water supplier prior to issuing building permit to ensure 163.3 I 80 Policy to be adopted in IG-3 ofICE.
I "adequate water supplies" to serve new development is available by the date of issuance
of a certificate of occupancy.
I (10): Added requirement that level of service standard for roadway facilities on the I Policies to be adopted in IG-2 of the
Strategic lntennodal System must be consistent with FDOT standards. Standards must ICE regarding adjacentjunsdiction
consider compatibility with adjacent jurisdictions. compatibility.
(13): Required school concurrency (not optional). Policy to be adopted in IG-I of the
ICE.
Required objectives of the Transportation Element to:
I . Coordinate the siting of new, or expansion of existing ports, airports or related
I facilities \vith the Future Land Use, Coastai I'v1anagement and Conservation
Elements;
I . Coordinate surface transportation access to ports, airports and related facilities
with the traffic circulation system;
, , . Coordinatt:: ports, airports and related facilities plans with plans of other
transportation providers, and;
. Ensure that access routes to ports, airports and related facilities are properly
integrated with other modes of transportation.
66 Required policies ofthe Transportation Element to: 9J-5.0I 9(4)(c) Policies to be adopted in IG-2 of the
. Promote ports, airports and related facilities development and expansion; ICE.
= !vfitigate adverse structural at1d non-structural impacts from ports, airports and
related facilities, and;
. Protect and conserve natural resources within ports, airports and related
facilities.
25, Rule9J-5
Citations
83 Required the Intergovernmental Coordination Element to include objectives that ensure 9J-5.015(3)(b ) Objectives and policies as appropriate
adoption of interlocal agreements within one year of adoption of the amended to be adopted in IG-I of the ICE.
Intergovernmental Coordination Element and ensure intergovernmental coordination
between all affected local governments and the school board for the purpose of establishing
re uirements for public school concurrency.
84 Required the Intergovernmental Coordination Element to include: 9J-5.015(3)(c)
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. Policies that provide procedures to identify and implement joint planning areas Policy to be adopted in IG-3 of the
for purposes of annexation, municipal incorporation and joint infrastructure ICE.
service areas;
. Establish joint processes for collaborative planning and decision-making with Policy to be adopted in IG-3 of the
other units oflocal government; 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 projections 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
silmificance; and ICE.
. Adontinn of an interlocal agreement for g~ho{}I {:{}n~grr€n~y. I I i~~~Y to be adopted j" 10-3 "fthe I
! !
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Conservation and Coastal Management Element
1) Review of Existing GOPs
. All the Objectives should be measurable or have a measurable target.
. Amend Objective CM-8 (Coastal Element) to reflect the use of Brevard County's Post-disaster
Redevelopment Plan.
. Consider adopting a historic preservation ordinance by 2010.
2) Public Input/Major Issues
. Add policies to Objective CM-3 (Coastal Element) to strengthen/promote standards to manage
Shoreline Erosion,
. Add policies to Objective C-3 (Conservation Element) that will protect and promote remaining
green areas,
. Add policy to Objective C:M~10 (Coastal Element) to undertake an archeological survey to
determine sensitive areas or areas in need of protection,
ii Add policy to Objective CM-10 (Coastal Element) adopting an historic preservation ordinance.
3) Redevelopment Plan Objective 2.5 Environment
Add new policies to CM-l and C-3 in the Coastal Management and Conservation Elements to:
. Promote protection of environmentally sensitive areas, promote beach preservation and tree
protection. Consider achieving Tree Cit<} USi\. designation or participate in i\rbor Day activities.
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
113 Required that by adoption of the EAR, the sanitary sewer, solid waste, drainage, potable Objective C-6 should be added to the
water and natural groundwater aquifer recharge element consider the regional water supply Conservation Element considering the
plan and include a IO-year work plan to build the identified water supply facilities. water supply plan.
114 Required consideration of the regional water supply plan in the preparation of the I 63.3 I 77(6)(d) Policy to be adopted in proposed
conservation element. Objective C-6 of the Conservation
Element.
aud Ch.
(2)(g): Expands requirement of coastal element to include strategies that will be used to
preserve recreational and commercial working waterfronts, as defined in s.342.07, F.S.
Ch. 20'0'6-252, Ch. Needed
Adds new paragraph encouraging local governments with a coastal management element Policy to be adopted in CM-I of the
156 to adopt recreational surface water use policies; such adoption amendment is exempt from 163.3177(6)(g)2. Coastal Element.
the twice per year limitation on the frequency of plan amendment adoptions. Ch.2006-
220, LOF
161 Adds a new section allowing a local government to comply with the requirement that its 1 63.3 1 78 (9)(a) Policy to be adopted in CM-7 of the
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comprehensive plan direct population concentrations away from the CHHA and Coastal Element to update the
maintains or reduces hurricane evacuation times by maintaining an adopted LOS Standard reference to the 1987 Brevard County
for out-of-county hurricane evacuation for a category 5 storm, by maintaining a 12-hour Peacetime Emergency Plan and to
hurricane evacuation time or by providing mitigation that satisfies these two requirements. establish updated LOS standards for
Ch. 2006-68, LOF. hurricane evacuation.
Requires local governments to amend their Future Land Use Map and coastal Policy to be adopted in CM-6 of the
163 management element to include the new definition of the CHHA, and to depict the 163.3178(2)(c) Coastal Element describing the
CHHA on the FLUM by July 1, 2008. Ch. 2006-68, LOF. CHHA.
65 Required objectives of the Transportation Element to:
. Coordinate the siting of new, or expansion of existing ports, airports, or Add Objectives to both the Coastal
related facilities with the Future Land Use, Coastal Management, and and Conservation Elements.
Conservation Elements;
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Infrastructure Element (Sanitarv Sewer, Draina2e, Solid Waste, Potable Water and Natural
Groundwater Aquifer Rechar2e)
1) Review of Existing Gaps
. All the Objectives should be measurable or have a measurable target.
. Update Gaps as necessary to reflect 5 and 10 year planning timeframes.
2) Public Input/Major Issues
. N/A
3) Redevelopment Plan - Objective 2.3 Public Facilities
Add new policies to SS-2 in the Sanitary Sewer section and a new section in the Infrastructure
Element to:
. Provide a reuse system for landscape irrigation and strengthen policy SS-2.1
. Establish solar energy and alternative fuel system for City facilities and activities in new section
of the Element as necessary.
4) Special Topics
. Water Supply, Conservation. Re-Use Plans for Cape Canaveral's Projected Population - Pursuant
to Chapter 163.3191(2)(1), F.S. policies should be added to meet the various water supply
requirements, including adopting the water supply plan and development of alternative water
supply projects. See also in the legislative changes table below.
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
Objective to be adopted in the
Infrastructure (Potable Water)
~. . . . .. ~
l::-lement to inClUde all "vater supply
requirements. Amendments should be
adopted within 18 months of the
County's portion of the Regional
Water Supply Plan adoption.
113 Required that by adoption of the EAR, the sanitary sewer, solid waste, drainage, potable I 63.3 1 77 (6)(c) Objectives and Policies to be adopted
water and natural groundwater aquifer recharge element consider the regional water supply under each section of the
plan and include a 10-year work plan to build the identified water supply facilities. Infrastructure Element considering the
water supply plan.
2002:
127 Required EARs to include (1) consideration of the appropriate regional water supply plan 163-3191 Policies to be adopted in each new
Objective of the sections in the
Infrastructure Element.
2004: leh. 04-5, s.H; cb.04-37, s. 1; ch. 04-230,
cb. 1)4-3&4, s. 2, Laws of Florida.]
137 (13): Created to require local governments to identify adequate water supply sources to Policies to be adopted identifying
meet future demand. water supply sources for future use in
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each new Objective of the sections in
the Infrastructure Element.
139 (6)(c): Extended the deadline adoption of the water supply facilities work plan 163.3177 Policies to be adopted in each new
amendment until December 1, 2006; provided for updating the work plan every five years; Objective of the sections in the
and exempts such amendment from the limitation on frequency of adoption of Infrastructure Element, providing a
amendments. schedule for updating the work plan
5 re uired statute.
145 (6)(c): Required the potable water element to be updated within 18 months of an updated Policy to be adopted in new Objective
regional water supply plan to incorporate the alternative water supply proJects selected of the Potable Water section in the
by the local government to meet its water supply needs. Infrastructure 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.
149 (2)(a): Required consultation with water supplier prior to issuing building permit to ensure 163.3180 Objectives to be adopted in the
"adequate water supplies" to serve new development is available by the date of issuance sections of the Infrastructuie Element.
of a certificate of occupancy.
152 (2)(1): The EAR must determine whether the local government has met its various water 163.3191(2)(1) Policies to be adopted in new
supply requirements, including development of alternative water snpply projects. Objective of the Potable Water section
of the Infrastructure Element dealing
with Water Supply.
62 Required objectives of the Sanitary Sewer, Solid Waste, Stormwater Management, Potable Adopt Objectives in the Natural
Water and Natural Groundwater Aquifer Recharge Element to address protection of high Groundwater Aquifer Recharge
recharge and prime recharge areas. section (or consider Objectives in each I
section) of the Infrastructure Element
to promote protection of recharge
areas.
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Transportation Element
1) Review of Existing GOPs
. All the Objectives should be measurable or have a measurable target.
. Update GOPs as necessary to reflect 5 and 10 year planning timeframes.
. Add policies in Objective T-1 to coordinate with Brevard County on a trail and blue-way system.
. Add policies in Objective T-3 to coordinate with the City of Cocoa on development impacting the
traffic circulation system.
2) Public Input/Major Issues
. Add language to policy T -1.8 to promote transit system and greater connectivity with the Central
Florida region.
3) Redevelopment Plan - Objective 2.2 Traffic Circulation
Add new policies to T -2 in the Transportation Element to:
. Provide for safe, appealing and efficient citywide routes for pedestrian and bike
path systems linking to major activity centers, parking facilities and residential
areas.
. Encourage the City to provide strategically placed bicycle racks.
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
149 (2)( c): Required all transportation facilities to be in place or under construction within 3 Policy to be adopted in T-I ofthe
I years (rather than 5 years) after approval of building permit. 'T'............................j-.......~".... t::1.....__...........
110711'C'j-lV'\f!t.IU!! L.!01l!C:!!t,
(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 reached. A summary of these records must be Transportation Element.
submitted with the annual capital improvements element update. Exceeding the 110%
threshold dissolves the de minimis exceptions.
(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.
consider compatibility with adjacent jurisdictions.
(16): (New 2005 section) Required local governments to adopt by December 1, 2006 a Policy to be adopted in T-I reflective
method for assessing proportionate fair-share mitigation options. FDOT will develop a of the existing proportionate fair share
model ordinance by December I, 2005. ordinance.
152 (2)(p): (New 2005 provision) The EAR must assess methodology for impacts on 163.3191 Adopt further policy language in T-
transportation facilities. 1.2 of the Transportation Element as
needed
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65 Required objectives of the Transportation Element to: 9J-5.019(4)(b)
· Coordinate the siting of new, or expansion of existing ports, airports, or Adopt language in Objective T-las
related facilities with the Future Land Use, Coastal Management, and required in the Transportation
Conservation Elements; Element.
· Coordinate surface transportation access to ports, airports, and related facilities Adopt language in Objective T-2 of
with the traffic circulation system; the Transportation Element
· Coordinate ports, airports, and related facilities plans with plans of other Adopt language in Objective T-2 of
transportation providers; and the Transportation Element.
Ensure that access routes to ports, ~j-rports and reluted facnities arc properly Adopt language in Objective T-:E of
integrated with other modes of transportation. the Transportation Element.
66 Required policies of the Transportation Element to: 9J-5.019(4)(c)
· Provide for safe and convenient on-site traffic flow; Policy to be adopted in T-I ofk
Transportation Element.
· Establish measures for the acquisition and preservation of public transit rights- Policy to be adopted in T-4 ofk
of-way and corridors; Transportation Element.
· Promote POI'ts, airports and related facilities development and expansion; Policy to be adopted in T-2 ofk
Transportation Element.
· Mitigate adverse structural and non-structural impacts from ports, airports and Policy to be adopted in T-2 offl;re;
related facilities; Transportation Elernent.
· Protect and conserve natural resources within ports, airports and related Policy to be adopted in T-2 ofk
facilities; Transportation Element.
· Protect ports, airports and related facilities from encroachment of incompatible Policy to be adopted in T-2 oflbe
land uses. Transportation Element.
7' '.,r'"2$~.2~QJ>.> >t.l!';.A,c,,> ,~ ;:...; iC'$:m.
>'<>8>8~
76 Authorized local governments to establish level of service standards for general lanes of 9J-5.0055(2)(c) Policy to be adopted in T-I oftbe
the Florida Intrastate Highway System within urbanized areas, v.ith the concurrence of the Transportation Element.
Deoartment of Transportation.
78 Authorized local comprehensive plans to permit multi-use developments of regional impact 9J-5.0055(9) Policy to be adopted in T-I onhe
I to satisfY the transportation concurrency requirements by payment of a proportionate Transportation Element.
share contributioll.
88 .A.uthorized local governments to establish level of service standards fill' general lanes of 9J-5m 9( 4)(c) Policy to be , f~j Old";
the Florida Intrastate Highway System within urbanized areas, with the concurrence of the Transportation Element.
Department of Transportation.
89 For the purpose of issuing a development order or permit, a proposed develoment may be 9J-5.0055(3)6 Policy to be adopted in T-3 oftbe
deemed to have a de minimus impact and may not be subject to the concurrency Transportation Element.
requirements of sobparagraphs 9J-5.0055(3)(c)1.-4., FAC., only if all of the conditions
specified in subscction 163.3180(6), F.S., are met. [Section 163.3180(6), F.S.]
{163.3180 (6): The Legislature finds that a de minimis impact is consistent with this part.
A de minimis impact is an impact that would not affect more than I percent of the
I maximum volume at the adopted level of service of the affected transportation facility as I
determined by the local government. No impact wiU be de minimis if the sum of existing , ,
roadway volumes and the projected volumes from approved projects on a transportation
facility would exceed 110 percent of the maximum volume at the adopted level of service I I
of the affected transportation facility; provided however, that an impact of a single family ,
home on an existing lot wiii constitute a de mimmls Impact on aU 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 hurricane
evacuation routes. Each local government shall maintain sufficient records to ensure that
the llO-percent criterion is not exceeded. Each local government shall submit annually,
with its updated capital improvements element, a summary of the de minimis records. If the
state land planning agency determines that the 11 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 be granted until such time as
the volume is reduced below the 110 percent. The local government shall provide proof of
this reduction to the state land planning agency before issuing further de minimis
exceptions. }
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Parks and Recreation Element
1) Review of Existing GOPs
. All the Objectives should be measurable or have a measurable target.
. Policy R-4.l not currently being met, revise policy of achieving 3 acres per 1000 people by 2001
or pursue and add additional parks.
-- -.... "-- - -
2) Public Input/Major Issues
. Add policies in Objective R-4 to provide more parks with amenities (restrooms, pavilions).
. Add policies in Objective R-4 to designate places on the beach for swimming, fishing and dogs to
play.
3) Redevelopment Plan - Objective 2.6 Recreation
Add new policies to R-4 in the Parks and Recreation Element to:
. Add more parks and amenities
. Add policy to establish a beach patrol
. Provide access point at Washington Avenue
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
I (6)(e): Added waterways to the system of sites addressed by the recreation and open Policy to be adopted in
space element_ R ~ 1 of the Parks and
Recreation Element.
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Housin2 Element
1) Review of Existing GOPs
. All the Objectives should be measurable or have a measurable target.
. Evaluate housing implementation programs available to the City and add to Objective H-1 as
appropriate.
. Consider grant funding for archeological/historic property survey of the City from Objective H-
6.
. Consider evaluation of available housing implementation programs available to the City pursuant
to Objective H-8.
2) Public Input/Major Issues
. Strengthen or revise Objective H-2 to provide more Obtainable or Affordable Housing
within the City.
. Add policy to Objective H-8 to identify areas within the City or surrounding region
suitable for usc as housing redevelopment areas.
3) Redevelopment Plan
Add new policies to H-2 in the Housing Element to:
. Add policy to identify structures in need of repair and availability of assistance to property
owners to complete repairs
. Add policy in Objective H-3 to reduce the number of substandard units by 2012 (recommendation
of the 2007 Redevelopment Plan)
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
=
(3): Authorizes local governments to permit accessory dwelling units areas Creates 163.31771 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 Development
(4) An application for a building permit to construct an accessory dwelling unit must Regulations as needed.
include an affidavit from the applicant which attests that the unit will be rented at an
affordable rate to a very-low-income, low-income, or moderate-income person or persons.
(5): Provides for certain accessory dwelling units to apply towards satisfying the
affordable housing component of the housing element in a local government's
comprehensive plan.
Florida
81 Required data for the Housing Element include a description of substandard 9J-5.010(l)(c) Policy to be adopted in H-2 of the
dwelling units and repealed the requirement that the housing inventory Housing Element describing
include a locally determined definition of standard and substandard housing substandard dwelling units.
conditions.
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Future Land Use Element
1) Review of Existing GOPs
. All the Objectives should be measurable or have a measurable target.
. Update GOPs as necessary to reflect 5 and 10 year planning timeframes.
. Correct numbering of Objectives and Policies in Element.
. Add policy to Objective LU-9 recognizing the 2007 Redevelopment Plan prepared by the
Business and Cultural Development Board. Update the 1995 "B&R" study referenced in Policy
9.1 if necessary.
. Add policy to Objective LU-9 promoting work with the Community Appearance Board and
Business and Cultural Development Board to establish a unified community character or "brand."
. Add policy to Objective LU-4 to increase park lands (cross reference with Parks and Recreation
Element as necessary).
. Add policy to Objective LU-8 to further explore Mixed Use or other innovative land use
strategies.
2) Public Input/Major Issues
1) Add GOPs in the FLUE to:
.. regulate high density development,
.. set height standards,
.. promote Development Guidelines and Appearance standards for: an attractive transition
from the Port south and north along North Atlantic, overall community and ALAL
beautification, (to include burying power lines), elimination or reduction of run down
properties, encouragement of personal property upkeep, better street lighting and paths
for bicyclists and pedestrians,
.. continue promoting Mixed Use techniques to promote development of shops, restaurants
and retail in close proximity to residential areas,
.. develop a City Hall or Town Center, to enhance community identity while creating
opportunities for shopping and pedestrian mobility,
.. encourage conversion of nonconforming uses into conforming uses (such as Fuel Tanks)
2) Evaluate the Future Land Use rVfap, and make amendments \vhere necessal)l, to existi11g,
transitional or future land use areas corresponding to any of the above proposed amendments.
3) Cross reference any proposed amendments with the Land Development Code as applicable.
3) Redevelopment Plan - Objective 1.4 Land Use Controls
Add new policies to LU-8 in the FLUE to:
. Add policies promoting mixed use and diversity of development
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments to this element based on required legislative
changes:
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95 Added the Growth Policy Act to Ch. 163, Part II to promote urban infill and 163.2511,163.25,14,1 Add 2007 Redevelopment
redevelopment. 63.2517,163.2520,16 Plan language where
3.2523, and 163.2526 ap licable.
96 Required that all comp plans comply with the school siting requirements by October 1, 163.3 I 77(6)(a) Policy to be adopted in
1999. LU-I of the FLUE.
The future land use element inust clearly identify the laud us~ categories in v.,,-hich public ibJ.Ji i ilbjtaj roilcy to be adopted In
schools are an allowable use. When delineating the land use categories in which public LU-l of the FLUE.
schools are an allowable use, a local government 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 differing criteria for schools of
different type or size. Each local government shall include lands contiguous to existing
school sites, to the maximum extent possible, within the land use categories in which public
schools are an allowable use. The failure by a local government to comply with these
school siting requirements will result in the prohibition of the local government's ability to
amend the local comprehensive plan, except for plan amendments described in s.
163.31 87(1)(b), until the school siting requirements are met. Amendments proposed by a
local government 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. 163.3187. TIle future land use element shall include criteria
that encourage 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, such
as parks, libraries, and community centers, with schools to the extent possible and to
encourage the use of elementary schools as focal points for neighborhoods. For schools
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 rcquircd to update or amend their I
I I comprehensive plan to include criteria and address compatibility of adjacent or closely
proximate lands with existing military installations in their future land use plan element
shall transmit the update or amendment to the department by June 30, 2006. I
Requires local governments to amend their Future Land Use Map and coastal Policies to be adopted in
163 management element to include the new definition of the CHHA, and to depict the 163.3178(2)(c) LU-5 of the FLUE
CHHA ~12 the FLUM by July 1, 2008. Ch. 2006-68, LOF. de icting the CHHA.
Creates a new section related to electric distribution substations; establishes criteria
addressing land use compatibility of substations; requires local governments to permit
substations in all FLUM categories (except preservation, conservation or historic Policy to be adopted in
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 LU-3 of the FLUE.
location of a new substation; allows local governments to enact reasonable setback and
landscape buffer standards for substations. Ch. 2006-268, LOF.
65 Required objectives of the Transportation Element to: 9J-5.019(4)(b) Policies to be adopted in
. Coordinate the siting of new, or expansion of existing ports, airports, or related LU-3 of the FLUE.
facilities with the Future Land Use, Coastal Management, and Conservation
Elements;
. Coordinate surface transportation access to ports, airports and related facilities with
the traffic circulation system, and;
. Coordinate ports, airports and related facilities plans with plans of other
transportation providers.
66 Required policies of the Transportation Element to: 9J-50l9(4)(c) Policies to be adopted in
. Protect ports, airports and related facilities from encroachment of incompatible LU-3 of the FLUE.
land uses,
. Protect and conserve natural resources within ports, airports and related facilities,
and;
. Mitigate adverse structural and non-structural impacts from ports, airports and
related facilities.
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Capital Improvements Element (CIE)
1) Review of Existing GOPs
.. All the Objectives should be measurable or have a measurable target.
.. Add / refine policy language of Objective CI-2 to require updates to the Capital Improvement
Schedule and Budget annually.
.. Add policy updating and expanding the planning horizon timeframe.
.. Add policies identifYing necessary improvements to achieve / maintain LOS standards through
the 5 year planning timeframe.
2) Public Input/Major Issues
.. N/A
3) Redevelopment Plan
.. Add GOPs necessary to implement recommendations within Redevelopment Plan.
4) Special Topics
.. N/A
5) Legislative Changes
Ii The below table illustrates the proposed amendments to this element based on required legislative
changes:
97 Made transportation facilities subject to concurrency. 163.3180(l)(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) Add professionally accepted
cars, trucks, transit, bikes and pedestrians. techniques language to policy CI-I.3
of CIE.
100 Allowed multiuse DRIs to satisfy the transportation concurrency requirements when 1633180(12) Policy to be adopted in CI4 of erE.
authorized by a local comprehensive plan under limited circumstances.
(2): Required comprehensive plans to be "financially" rather than "economically" 163.3177 Add language to Goal of ClE.
feasible.
(3)(a)5.: Required the comprehensive plan to include a 5-year schedule of capital Policy to be adopted in CI-4 ofCIE.
improvements. Outside funding (i.e., from developer, other government or funding
pursuant to referendum) of these capital improvements must be guaranteed in the form of
a development agreement or inter local agreement.
(3)(a)6.b.I.: Required plan amendment for the annual update of the schedule of capital
improvements. Deleted provision allowing updates and change in the date of construction
to be accomplished by ordinance.
(3)(b)(l): Requires the CIE 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 City should prepare and transmit
basis. All public facilities shall be consistent with the capital improvements element. proposed amendment(s) to DCA by
Amendments to implement this section must be adopted and transmitted no later than June 2007.
December 1, 2007. Thereafter, a local government may not amend its future land use map,
except for plan amendments to meet new requirements under this part and emergency
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amendments pursuant to s. 163.31 87(1)(a), after December 1,2007, 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.c.: Added oversight and penalty provision for failure to adhere to this section's
capital improvements requirements.
Policy to be adopted in CI-4 of CIE.
149 (1)(a): Added "schools" as a required concurrency item. 163.3180 Policy to be adopted in (the new
Public School Facility Element and)
CI-1 of the CIE.
(6): Required local government to maintain records to determine whether 110% de Policy to be adopted in CI-2 of the
minimis transportation impact threshold is reached. A summary of these records must be CIE.
submitted with the annual capital improvements element update. Exceeding the 110%
threshold dissolves the de minimis exceptions.
(9)(d): (New section) Required evaluation in EAR of progress in improving levels of Policy CI- 1.3 of the ClE should be
service. revised and updated as determined by
the City.
(10): Added requirement that level of service standard for roadway facilities on the Policies to be adopted in CI-1 of the
Strategic Intermodal System must be consistent with FDOT standards. Standards must CIE.
consider compatibility with adjacent jurisdictions.
(13)(c)3.: No application for development approval may be denied if a less-than- Policy to be adopted in CI- I of the
districtwide measurement of school concurrency is used; however the development CIE.
impacts must to shifted to contiguous service areas with school capacity.
I (13)(e): AHowed school concurrency to be satisfied if a developer executes a legally I I Policy to be adopted in CI- I ofthe I
binding commitment to provide mitigation proportionate to the demand. CIE.
(13)(e)1.: Enumerated mitigation options for achieving proportionate-share mitigation. Policy to be adopted in CI-1 of the
ClE.
(13)(g)6.a.: [Formerly (13)(g)7.a.] Local governments must establish a uniform Policy to be adopted in Cl- I of the
procedure for determining if development applications are in compliance with school CIE.
concurrency.
76 Authorized local governments to standards for general lanes of Policy to be adopted in CI- I of the
the Florida Intrastate Highway System within urbanized areas, with the concurrence of the ClE.
Department of Transportation.
85 Required the Capital Improvements Element to include imp1e1l1entation rneasures that 9J-5.016(4)(a) Policy to be adopted in cl-1 of the
provide a five-year financially feasible public school facilities program that demonstrates ClE.
the adopted level of service standards will be achieved and maintained and a schedule of
capital improvements for multimodal transportation districts, iflocally established.
88 Authorized local governments to establish level of service standards for general lanes of 9J-5.019(4)(c) Policy to be adopted in CI-1 of the
the Florida Intrastate Highway System within urbanized areas, with the concurrence of the ClE.
Department of Transportation. I I I
,
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Public School Facilities Element (PSFE)
This is a new element required under changes to Florida Statute and Rule. This school concurrency
element is required to be adopted by December 2008.
1) Review of Existing GOPs
. There are no existing GOPs, however upon creation all the GOPs should be measurable or have a
measurable target.
2) Public Input/Major Issues
. N/A
3) Redevelopment Plan
. N/A
4) Special Topics
. N/A
5) Legislative Changes
. The below table illustrates the proposed amendments (or in this case the statute and rule
requirements creating the element) based on required legislative changes:
Added a new Section 163.31777 governments and school boards to enter Objectives and/or policies should be
into an inter-local agreement that addresses school siting, enrollment forecasting, school adopted in the new Public School
capacity, infrastructure and safety needs of schools, schools as emergency shelters, and Facilities Element when created.
sharing of facilities.
145 (12): Must adopt public school facilities element. Public School Facilities Element to be
~ ,1 ',1. ...................... ~..
aaoprec, '.van relevanr GUt'S. YOI1CY
regarding the timing of element
adoption to be included in IG-I of
ICE.
(12)(g): 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 Facilities
Element.
(12)(i): Required DCA to establish a schedule for adoption of the public school facilities Policy to be adopted in IG-I of the
element. The schedule shall provide for each county and local government within the ICE for establishment of the Public
county to adopt the element and update to the agreement no later than December 1,2008. School Facilities Element.
2005 (Ch. 2005-157, ss 1,2 th.2(/05-291, Clhlpter 163, Needed by Element
Florida) Citations
149 (1 lea): Added "schools" as a required concurrency item. 163.3180 GOPs to be adopted in the new Public
School Facility Element and in CI-I
of the CIE.
Policy to be adopted in IG-I of the
(13): Required school concurrency (not optional). ICE and in the new Public School
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Facilities Element (by December
2008) when created.
(13)(c)1.: Requires 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 attendance zones, etc). School Facilities Element.
(13)( c )3.: No application for development approval may be denied if a less-than- Policy to be adopted in C!-! of the
districtwide measurement of school concurrency is used; however the development CIE 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)(g)6.a.: [Formerly (13)(g)7.a.] Local governments must establish a uniform Policy to be adopted in Cl-l of the
procedure for determining if development applications are in compliance with school CIE and in the new Public School
concurrency. Facilities Element.
84 Required the Intergovernmental Coordination Element to include: 9J-5.015(3)(c)
. Adoption of an interlocal agreement for school concnrrency. Policy to be adopted in 10-3 of the
LL ICE and in the proposed Public School
Facilities Flement.
85 Required the Capital Improvements h]ement to include implementation measures that 9J-5.016(4)(a) Policy to be adopted in cI~ i of the
provide a five-year financially feasible public school facilities program that demonstrates CIE and in the proposed Public Schoo]
the adopted level of service standards will be achieved and maintained and a schedule of Facilities Element.
capital improvements for multi modal transportation districts, iflocally established.
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