HomeMy WebLinkAboutOrdinance No. 09-2008ORDINANCE NO, 09-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
AMENDMENT ESTABLISHING A PUBLIC SCHOOL
FACILITIES ELEMENT AND AMENDING THE CAPITAL
IMPROVEMENTS, INTERGOVERNMENTAL
COORDINATION AND FUTURE LAND USE ELEMENTS
CONSISTENT WITH THE REQUIREMENTS OF CHAPTER
163, FLORIDA STATUTES; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN, AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENTS,
WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, section 163.3177( 12), Florida Statutes, requires that each Florida municipality
adopt a Public School Facilities Element consistent with those adopted by the other local
governments within the county; and
WHEREAS, the Brevard County School Board, Brevard County, and the Cities of Cocoa,
Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, Satellite Beach, Titusville,
West Melbourne, and the Towns of Indialantic, Malabar, Melbourne Beach, and Palm Shores
participated in a coordinated effort to ensure consistency between each local government's proposed
Public School Facilities Element; and
WHEREAS, pursuant to section 163.3177(3)(b)( 1), Florida Statutes, certain portions of the
City's Capital Improvements Element must be amended consistent with the adoption of the Public
School Facilities Element to address financial feasibility; and
WHEREAS, the City's Intergovernmental Coordination and Future Land Use Elements
require amendment consistent with the adoption of the Public School Facilities Element; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and
City of Cape Canaveral
Ordinance No. 09 -2008
Page t of 4
all interested parties submitting written and oral comments; and
WHEREAS, the Local Planning Agency recommended the City Council transmit the subject
large
ge scale comprehensive plan text amendment to the Florida Department of Community Affairs
y
for its review and comment; and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large
scale comprehensive plan text amendment adopting a Public School Facilities Element as part of
the City of Cape Canaveral Comprehensive Plan and to amend the Capital Improvements,
Intergovernmental Coordination and Future Land Use Elements consistent with same as required by
section 163.3177, Florida Statutes.
Section 4. Adoption of Large Scale Comprehensive Plan Text Amendment. The City of
Cape Canaveral Comprehensive Plan is hereby amended as set forth below:
A. Public School Facilities Element. The Public School Facilities Element, attached
hereto and fully incorporated herein by this reference as "Exhibit A," is hereby adopted into
the City of Cape Canaveral Comprehensive Plan.
B. Interizovernmental Coordination Element. The Intergovernmental Coordination
Element is amended as set forth in "Exhibit B," attached hereto and fully incorporated
herein by this reference. ( Underlined type indicates additions and type indicates
deletions of text in the Comprehensive Plan).
C. Capital Improvement Element. The Capital Improvement Element is amended as set
forth in "Exhibit C," attached hereto and fully incorporated herein by this reference.
( Underlined type indicates additions and type indicates deletions of text existing
in the Comprehensive Plan).
D. Future Land Use Element The Future Land Use Element is amended as set forth in
"Exhibit D," attached hereto and fully incorporated herein by this reference. Underlined
type indicates additions and type indicates deletions of text existing in the
City of Cape Canaveral
Ordinance No. 09 -2008
Page 2 of 4
Comprehensive Plan).
Section 5. Transmittal to the Department of Community Affairs, The City Manager er or his
designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
P p
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(4), Florida Statutes, and Section 9J- 11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council of the City of Cape Canaveral, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. 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 8. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
p
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the Administration Commission findin
the Amendments in compliance with section 163.3184, Florida Statutes. No development orders,
development permits, or land use dependent on these Amendments may be issued or commenced
before it has become effective. If a final order of noncompliance is issued by the Administration
Commission, the Amendments may nevertheless be made effective by adoption of a resolution
affirming its effective status. After and from the effective date of these Amendments, the
Comprehensive Plan Amendments set forth herein shall amend the City of Cape Canaveral
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Cape Canaveral Comprehensive Plan, as amended.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 09 -2008
Page 3 of 4
ADOPTED by the City Council of the City�off Cape Canaveral, Florida, this 2 nd day of
December, 2008. ` ''•; C)4•1 C ■Okr.r+QS&
ROCKY RANDELS, Mayor
•
� L
ATTEST:
For Against
Bob Hoog
Buzz Petsos X
Motion
Rocky Randels X
Shannon Roberts Second
SUSAN STILLS, City Clerk Betty Walsh X
Transmittal Hearing: September 2,2008
Adoption Hearing: December 2,2008
Effective Date:
Approved as o legal form and sufficiency for
the City r C.,•e Canaveral only:
ANTHO • . GARGANESE, Attorney
City of Cape Canaveral
Ordinance No.09-2008
Page 4 of 4
EXHIBIT
d
7D
a
CAPE CANAVERAL COMPREHENSIVE PLAN
CHAPTER 9
PUBLIC SCHOOL FACILITIES ELEMENT
TABLE OF CONTENTS
Goal, Objectives and Policies Page
Appendix A Map Series g
DRAFT DOCU AfE TT PU SCHOOL FACILITIES ELEME TT
PUBLIC SCHOOL FACILITIES ELEMENT
GOAL, OBJECTIVES, AND POLICIES
GOAL
TO PROVIDE A PUBLIC SCHOOL SYSTEM THAT OFFERS A. HIGH QUALITY
EDUCATIONAL ENVIRONMENT, PROVIDES ACCESSIBILITY FOR ALL OF ITS
STUDENTS, AND ENSURES ADEQUATE SCHOOL CAPACITY TO ACCOMMODATE
ENROLLMENT DEMAND WITHIN A FINANCIALLY FEASIBLE SCHOOL
DISTRICT'S FIVE -YEAR CAPITAL FACILITIES WORK PROGRAM.
Objective I
Maintain adequate school facilities in Brevard County Schools by adopting a concurrency
management system to address the need for correction of school facility deficiencies through
a tiered level of service for the short and long term plannin periods.
Policy 1.1
To ensure that the capacity of all schools is sufficient to support student growth at the
adopted LOS for the five -year planning period and trough the long term planning period for
each CSA, the Parties hereby establish a Tiered LOS to achieve the adopted LOS. Upon
achieving the LOS standard of 100% of permanent FISH capacity, by school year 2011-
2012, the Tiered LOS will be terminated.
Policy 1.2
Cape Canaveral hereby adopts the School Board's current public school attendance
boundaries, as the Concurrency Service Areas (CSA).
Policy 1.3
Concurrency shall be measured and applied using a geographic area known as a
Concurrency Service Area (CSA) which shall coincide with the school attendance
boundaries, as adopted by the School District. Either Cape Canaveral or the School District
may propose a change to the CSA boundaries. The following procedures shall be used for
modifying a CSA map:
DRAFT" DOCUMEA T 2 BRE 1 PUBLIC SCHOOL FA CILI TIES ELEMEA1l T
avurGe: rvmey -born an(I ASSOC13IeS. Inc. 2UU-1
A. The School District will transmit a proposed CSA reap modification With
data and analysis to support the change to the Cities, the County, and the
Capital Outlay Committee (COC). Any proposed change to a CSA shall
require a demonstration by the School District that the change complies With
the public school LOS standard and that utilization of school capacity is
maximized to the greatest extent possible.
B. Cape Canaveral and the COC Will review the proposed modification of the
CSA and send their comments to the School District Within 45 days of
receipt of the proposed change.
C. State transportation costs, court approved desegregation plan, and other
relevant factors must be considered When ensuring the maximum utilization
of school capacity when considering a change to a concurrency service area.
D. The modification of a CSA shall be effective upon adoption by the School
Board.
Policy 1.4
The Parties shall observe the following process for changes in the use of schools:
1. At such time as the School District determines that a school change is
appropriate considering the appropriate use of the school and utilization
requirements, the School District shall transmit the proposed school change in
use and data and analysis to support the changes to the Capital Outlay
Committee and the Staff Working Croup.
2. The Capital Outlay Committee and the Staff Working Croup shall review the
proposed changes to the school use and send their comments to the School
District Within forty five (45) days of receipt.
3. The change in school use shall become effective upon final approval by the
School Board.
Objective 2
Cape Canaveral shall ensure a school concurrency evaluation shall be performed by the
Brevard County School District to review projected residential development in order to
accommodate new students at the adopted level of service for adequate school facility
capacity.
Policy 2.1
Cape Canaveral shall not approve any non - exempt residential development
application for a new residential preliminary plat, site plan or functional equivalent until the
DRAFT DOMVENT 3 EREPARD PUBLIC SCHOOL FACILITIES ELEMENT
School District School has issued a School Capacity Availability Determination Letter
(SCADL) verifying available capacity.
Policy 2.2
Cape Canaveral shall consider the following criteria to exempt residential uses from
the requirements of school concurrency:
Criteria:
A. Single family lots of record, existing at the time the school concurrency
implementing ordinance becomes effective.
B. Any new residential development that has a preliminary plat or site plan
approval or the functional equivalent for a site specific development order
prior to the commencement date of the School Concurrency Program.
C. Any amendment to any previously approved residential development that
does not increase the number of dwelling units or change the type of
dwelling units (single- family to multi - family, etc.).
D. Age restricted communities with no permanent residents under the age of
18. Exemption of an age restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years
and older.
E. Single family homes utilized as short term resort housing which are
considered a commercial use by the City.
Policy 2.3
Cape Canaveral, through its land development regulations, and in conjunction with
the School District, shall establish a school concurrency review process for all residential
projects that are not exempt under Policy 2.2.
The minimum process requirements are described below:
A. A residential development application including a School Impact Analysis
(SIA) is submitted to the city for review.
B. Cape Canaveral determines that the application is complete for processing
and transmits the SIA to the School District for review.
C. The School District reviews the application for available capacity and
issues a School Capacity Availability Determination Letter (SCADQ to
the city:
DRAFT DOCUMEAT 4 BREVARD PUBLIC SCHOOL FACILITIES ELEMENT
1. If capacity is available within the affected CSA, the School
District shall issue a SCADL verifying available capacity.
2. If capacity is not available within the affected CSA, contiguous
CSAs are reviewed for available capacity.
3. If capacity is available in the contiguous CSAs, the School
District shall issue a SCADL verifying available capacity in the
adjacent CSAs.
4. If capacity is not available in the contiguous CSAs, the School
District shall issue a SCADL indicating the development is not
in compliance with the adopted LOS and offers the developer a
90 -day negotiation period for mitigation.
Policy 2.4
Cape Canaveral in conjunction with the School District shall review developer
proposed applications for proportionate share mitigation projects to add the school capacity
necessary to satisfy the impacts of a proposed residential development. Mitigation options
may include, but are not limited to:
A. Contribution of land or payment for land acquisition in conjunction
with the provision of additional school capacity; or
B. Mitigation banking based on the construction of a public school
facility in exchange for the right to sell capacity credits; or
C. Donation of buildings for use as a primary or alternative learning
facility; or
D. R enovation of existing buildings for use as learning facilities; or
E. Construction or expansion of permanent student stations or core
capacity; or
F. Construction of a public school facility in advance of the time set
forth in the School District's Five -Year Capital Facilities Work
Program.
Policy 2.5
For mitigation measures in Policy 2.4 (A) thru (F) above, the estimated cost to
construct the mitigating improvement will reflect the estimated future construction costs at
the time of the anticipated construction.
A. Improvements contributed by the developer shall receive school The
cost difference between the developer's mitigation costs and the
DRAFT DOCK MENT � BREVARD PUBLIC SCHOOL FACILITIES ELEMENT
impact fee credit, if greater, shall be the responsibility of the
developer.
B. impact fee credit.
Policy 2.6
Cape Canaveral and the School District shall provide a 90 --day negotiation period to
allow for the review and negotiation of proportionate share mitigation offers proposed by a
developer.
Criteria:
A. If mitigation is approved, Cape Canaveral and the School District enter
into an enforceable binding agreement with the developer and the
improvement(s) will be included in the School District's annually
adopted Five -Year Capital Facilities work Program and reflected in
the next update to the Capital Improvements Element.
B. If mitigation is denied, the City must deny the application based upon
no available school capacity.
C. Cape Canaveral shall not issue any permits for a residential
development until receiving confirmation of available school capacity
in the form of a SCADL from the School District.
Policy 2.7
Cape Canaveral shall, upon acceptance of a mitigation option identified in Policy 2.4,
enter into an enforceable binding agreement with the School District and the developer.
Policy 2.8
Cape Canaveral shall notify the School District when an approved residential
development has paid impact fees and when the development order for the residential
development expires.
Objective 3:
Beginning with an effective date of 2008, all new public schools built within the City of Cape
Canaveral will be coordinated with the School District to be consistent with the City's Future
Land Use Map designation to ensure facilities are proximate to appropriate existing and future
land uses, serve as community focal points, are co- located with other appropriate public
facilities, and will have needed supporting infrastructure.
Policy 3.1
Cape Canaveral, in conjunction with the School District, shall jointly determine the
need for, and timing of, on -site and off -site improvements necessary to support a new school.
DX4FT DOCUMENT 6 BRE1•ARD PUBLIC SCHOOL FACILITIES ELEMENT
Policy 3.2
Cape Canaveral shall enter into an agreement with the School Board identifying the
timing, location, and the party or parties responsible for the planning, constructing operating,
� , p g,
and maintaining off site improvements necessary to support a new school or school
improvement to ensure that the necessary infrastructure is in place prior to or concurrent with
construction.
Policy 3.3
Cape Canaveral shall encourage the location of schools near residential areas by:
y
A. Assisting the School District in the identification of funding and/or
construction opportunities (including developer participation or City
capital budget expenditures) for sidewalks, traffic signalization,
access, water, sewer, drainage and other infrastructure improvements.
B. Reviewing and providing comments on all new school sites including
the compatibility and integration of new schools with surrounding land
uses.
C. Allowing schools within all residential land use categories.
Policy 3.4
Cape Canaveral, in conjunction with the School District, shall seek opportunities to
co- locate schools with public facilities, such as parks, libraries, and community centers, as
the need for these facilities is identified.
Policy 3.5
Cape Canaveral, in conjunction with the School District, hereby designates the
Capital outlay Committee (COC) as the monitoring group for coordinated planning and
school concurrency in B revard County. a
Policy 3.6
School concurrency shall become effective upon the adoption of this element (Public
School Facilities Element). Additionally, the City of Cape Canaveral shall adopt school
concurrency provisions into its Land Development Reaulations (LDR) to further implement
school concurrency.
Policy 3.7
Cape Canaveral, in conjunction with the School District and the municipalities within
the Brevard County shall identify issues relating to public school emergency preparedness,
such as:
A. The determination of evacuation zones, evacuation routes, and shelter
locations.
DRf3FT DOCUMENT 7 BRE VA RD PUBLI C SCHOOL FACILITIES ELEMEA1T
B. The design and use of public schools as emergency shelters.
C. The designation of sites other than public schools as long -term
shelters, to allow schools to resume normal operations following
emergency events.
Objective 4
Beginning with an effective date of 008 and no later than December l' of each year
thereafter, the Cape Canaveral will include in its Capital Improvements Element (CIE), the
School District's annually updated five -year schedule of capital improvements as adopted by
the School Board, which identifies school facility capacity projects necessary to address
existing deficiencies and meet future needs based upon achieving and maintaining the
adopted level of service standard for schools.
Policy 4.1
The City of Cape Canaveral shall adopt as part of its Capital Improvements Element, the Brevard
County School Districts five year work program approved by the School Board, May 13, 2008, as
park of the School District Budget, and by December t each year, including planned facilities and
funding sources to ensure a financially feasible capital improvements program and to ensure the level
of service standards will be achieved by the end of the five -year period.
Policy 4.2
Cape Canaveral shall annually coordinate review of the entire Public School
Facilities Element, including school enrollment projections, in conjunction with the School
District and other local governments through the Capital outlay Committee. This will
provide an annual update of the process, including the Public School Facilities Element and
maintain a public school facilities map series which are coordinated with Cape Canaveral's
Future Land Use Map or Map Series, including the planned general location of schools and
ancillary facilities for the five --year planning period and the long -range planning period. The
Map Series shall include:
A. Existing Public School Facilities Map - type and location of ancillary
plants
B. Five -Year Planning Period Map - generally planned public school
facilities and ancillary plants
Policy 4.3:
Cape Canaveral, in conjunction with the School District, shall coordinate the long
range public school facilities map with its comprehensive plan and future land use map. The
Map shall be included in the Map Series provided in Policy 4.2.
A. The Long Ran ge Planning Period Map generally planned areas of
future public school facility needs
DRAFT DOCUMENT 8 BREV4RD PUBLIC SCHOOL FACILITIES ELEMENT
APPENDIX A
MAP SERIES
DR4FT DOCUMENT q BREVARD PUBLIC SCHOOL FACILITIES ELEA1EN T
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DRAFTD0CU'AMA*T 1 t) BRED ARD PUBLICSCHOOL FACILITIES ELEAMN'T
Pib'*
: c _ Exl a and Proposed Elementai-ySchools
s�-
..
DRAFT DOCUMENT 11 RRE V ARD PUBLIC SCHOOL FACILITIES ELEMENT
DRAFT DOCUMENT � � BRE 3•ARD PUBLIC SCHOOL FACILITIES ELEMENT
DRAFT DOCUMENT 13 BRE VARD PUBLIC SCHOOL FACILITIES ELEMENT
EXHIBIT
Comprehensive Plan
INTERGOVERNMENTAL COORDINATION ELEMENT
GOALS, OBJECTIVES and POLICIES
Prepared for
The City of Cape Canaveral
Updated July 18, 2008
r � ■ ■ L
i i i
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t
A' E W r
GOAL 1
The City shall participate in coordinated activities with State, County, Regional and
adjoining commuruty governments in order to better provide for the public health,
safety and welfare of its inhabitants.
Objective IG -1.1:
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 Plama ng Council, and the State of
Florida. The measurement of this objective shall be the degree to which the following
Policies are implemented.
Policy IG- 1.1.1:
The City shall request the review of plans of others to ensure compatibility between
uses within Cape Canaveral and areas Tmm ediatelN. adjacent to the Cape Canaveral city
limits.
Policy IG- 1.1.2:
The City shall review policies of the State, regional entities and Brevard County to
encourage conformance of the City's Plan with those of these other governments.
Policy IG-- 1.1.3:
The City shall exchange plannv. information on a regular basis with the City of Cocoa
Beach, the City of Cocoa, Brevard County, the Brevard County Housing Authority, the
Brevard County School Board, and any other units of local government providing
services in the City but not having regulatory authority over the use of land therein.
Objective IG -1.2:
The City shall cooperate with any state, regional or local entity having operational and
maintenance responsibility for public facilities wi tl1 in 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.
INTERGOVERNMENTAL COORDINATION Page 2
City of Cape Canaveral Transmitta EAR-Based Amendment
Policy IG- 1. 2.1:
The City shall cooperate with the Florida Department ' of Transporta ( FDOT) p in
establishing level-of-service standards for State highways within the City. Furthermore,
the City shall work towards greater communication with the FDOT on transportation
and growth management issues.
Policy IG- 1.2.2:
The City shall cooperate with the City of Cocoa in establishing level -of- service
standards for Cocoa's water system within Cape Canaveral.
Policy IG- 1.2.3:
When conflicts occur between Cape Canaveral and other governmental entities, Cape
Canaveral shall consider the use of the Regional 'M ediation Process in resolving such
conflicts.
Policy IG- 1.2.4:
The City shall coordinate any proposed or requested annexations with Cocoa Beach
and/or Brevard County.
Policy IG- 1.2.5:
When development within Cape Canaveral is proposed adjacent to the city limits, the
City shall review the proposed development in relationship to the existing
comprehensive plans of adjoining governments.
Policy IG-1.2.6:
The City shall, where practicable, coordinate the management issues concerning the
Banana River and the Atlantic Ocean with other governing bodies bordering on said
river and ocean.
Policy IG- 1.2.7:
The City will share information on level -of- service issues with the following entities:
Port Canaveral (for sanitary sewer), Cocoa Beach (for recreation, drainage, and
transportation), Brevard County (for solid waste and transportation), ECFRPC (for
plaruting assistance), City of Cocoa (for potable water), and FDOT (for transportation).
INTERGOVERNMENTAL COORDINATION Page 3
City o Cape Canaveral T nsmitta EAR-Based Amendment
n.,�. .,..n,. nQ ❑aQ
zitr_ % A, L %0 �, r7" Li�A5',ZT� Oct ober-
Objective IG -1.3:
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.
Policy IG- 1.3.1:
The City shall ensure that the coordination entities cited in Objective IG -3 are made
aware of the contents of this Plan as far as proposed development is concerned, and the
City shall be receptive to comments from those entities concerning the impacts of the
proposed development.
Policy IG- 1.3.?:
The City shall discuss and share information on iilfras tr uc tore services regarding
proposed development with Port Canaveral (sanitary sewer), Cocoa Beach (recreation,
drainage and transportation), Brevard County (solid waste and transportation), Brevard
County (solid waste and traffic circulation), ECFRPC (planning assistance), City of
Cocoa (potable water, and FDOT (transportation).
Goal Z
The City shall establish and maintain a coo erative relationshig with the Brevard
County School Board to provide an effective 'oirzt tannin process includin
p rocedures to coordinate land use vlanning with the development of school
facilities including public school sitin o ulation projection calculations and
the provision of 2ublic schools concurrently with residential development and
infra.czf-r1irhirP
INTERGOVERNMENTAL COORDINATION Page 4
City of Cape Canaveral Tra sm; tta EAR Amendments.
11 , 03 ,
.& Ha1 r- s & Wa l Y r_ T Odeber, 28, -1998
ob`ective IG -2.1:
The City shall establish coordination mechanisms with the School Board to
aclueve a collaborative effort to identifv school needs rovide for schools
f acilities and im l ement school concurrence using consistent supR orting data
and _ ana lysis.
Polic IG -2.1.1
In cooperation with the School Board theitv shall adopt and implement the
interlocal -agreement as required by Section 1013.33 F.S. w hich includes
rroc_e dures for:
a) Coordinating and sharing _inform a ti on
b) Placement of schools and ancillary facilities
c) Amendment and review of the Comprehensive Plan
d) Site design and development Plan_Z.eview
e) joint _development of schools, parks and other uses
� Implementation of school concurrence
g) Implementation of Interlocal ASKeeinent amendments
h) Resolution of disputes
Policv IG -2.1.2
The City shall artici ate as members of School Board committees listed in the
Interlocal A eement to assist with the coordination of school placement, review
of School Board data provision of determinations of impact fee fund distribution
INTERGOVERNMENTAL COORDINATION
City of Cape Canaveral
*s& Wal
Page 5
Tzuzrsm sue[ EA R-Based
L•-
and review of proposed school concurrence amendments to local government
comprehensive plans
Policv IG -2.1.3
The 9i
�V shall review School Board data and share develo meat information
p opulation ro'ections and infrastructure availability information with the
School Board consistent with the procedures provided in the Interlocal
A •ee ment.
Polk IG -2.1.4
The City shall provide the School Board with applications for new development
in accordance with the provisions in the Interlocal Ajzreement.
Ob' ective IG -2,2:
The City shall adopt regulations necessary to implement school concurrence
Policy IG- -2.2.1
The city shall adopt reg2lations necessary to implement school concurrency no
later than the date of issuance by the State Dep artment of Community Affairs
Notice of Intent to find the Public School Facilities Element in compliance.
INTERGOVERNMENTAL COORDINATION
City of Cape Canaveral
bRe HaF & W r ■
Page f
-Transmittal EAR Based Amendments
EXHIBIT
I Is
b
t
Comprehensive Plan
CAPITAL IMPROVEMENTS ELEMENT
GOALS, OBJECTIVES POLICIES
Prepared for
The City of Cape Canaveral
Updated July 15, 2008
-
GOAL 1:
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- -
The Cite shall utilize the Capital Improvements Ek-li gent as a tool to ensure that capital
facilities are made available in a timely manner to satisfy existing deficiencies,
accommodate infrastructure needs for plarmed fti to r•e growth, and replace obsolete or
worn -out facilities. The measurement of this OL is the degree to which the
following Policies are implemented.
Policy CI- 1.1.1:
The City shall, at least once per year, review and update the Capital Improvements
Schedule and Budget in order to ensure that it is based upon the most recent data and
outlook.
Policy CI- 1.12.
The City shall accommodate the public facility needs of new growth on an ongoing
basis.
Policy CI -1.1.3
The City shall evaluate public facilities necessary to correct exis twig deficiencies and to
provide for future growth by deter the capacity of existing and planned facilities
to meet the needs of new development. This evaluation shall employ the level -of-
service standards adopted in the Comprehensilr e Plan for sanitary severer, traffic
circulation, drainage, recreation and open space. These level -of- service standards are as
follows:
A. RECREATION:
Parks: two acres /1000 population for all parks.
* Open Space: one acre /1000 population
CAPITAL IMPROVEMENTS Page 2
City of Cape Canaveral -14ansmittal EAR Based _d n . na d l ents
B. SANITARY SEATER: 118 gallons per person per day
C. DRAINAGE: retention of the first inch of rainfall for new developments, and
a design storm of 5 --year frequency and one hour duration with rainfall of 3
inches per hour and removal of excess wa ter within 3 hours of the event.
D. SOLID WASTE: 8.52 lbs. per capita per daN,7.
E. TRAFFIC CIRCULATION: minimum level -of- service standard "E ", with
desired level -of- service standard "C "; pltis use of "interim" level --of- service
standard as defined in Policy T--1.2 in event of an "F" condition.
F. POTABLE WATER:
* Consumption standard: 264 gallons per household per day.
* Pressure standard: 60 psi.
C. The uniform district -wide level of service standard for permanent capa
based on the Florida Inventory of School Houses (FISH) cap acityr is as follows:
TIERED LEVEL OF SERVICE BY SCHOOL YEAR
Facili
2007 -08
2008 -09
2009-10
2410 -11
2011 -12
Elementary
127%
130%
11a°o
105%
100%
Middle
Schools
1?2 °0
120 %
100 °�
100
100%
J r. High
133%
135%
1
105 %
100%
High
139
130%
1115
100
100%
Note: See analvsis of the Public School Facilities Element for detailed information on
T n qf; - n ci a rri -r.
POLICY CI- 1.1.4:
The City shall employ the usual policies and procedures of its legislative, administrative
and fiscal system to ensure that the City's share of funds for the capital improvements
specified in the Capital Improvements Schedule and Budget and included in the Annual
Capital Improvements Budget are identified, made available, authorized, appropriated,
and expended for the intended purposes.
POLICY CI- 1.1.5:
CAPITAL IMPROVEMENTS Page 3
City of Cape Canaveral Tli - ansmittal EAR Based A ,-...�....x,-. ents
The City shall allocate costs of new public facilities according to benefits received by
existing and future residents.
Objective CI-
The City shall adopt an Annual Capital Imprm Budget as a part of its
aruzual 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.
POLICY CI- 1.2.1:
Annually, the City shall prioritize traffic circula improvements based upon its
established level -of- service standards, and the City sl - iall consider the following factors:
the volume -to- capacity ratio of each City roadie- ay; the roadways based upon the
established level -of - service standard and the highest volume --to- capacity ratio shall be
ranked highest for improvements.
POLICY CI- 1.2.2:
Drainage improvements shall be identified and ranked based upon a drainage system
condition. The drainage improvements will receiv a ranking according to facility
deficiencies measured by the applicable level-of-service standard.
POLICY 0- 1.2.3:
The City shall rank sanitary sewer and water facility improvements based upon the
following factors: established level -of- service standards; locational criteria of the Future
Land Use Element; the degree to which they eliminate public health hazards; the degree
to which they improve the treatment levels for poll «tants; and the degree to which they
project that the natural environment. The highest funding priority shall be given to
projects addressing facil needs for development approvals awarded prior to adoption
of the Comprehensive Plan.
POLICY CI 1.2.4:
The City shall rank recreation and open space f acili ties based upon their ability to attain
or maintain the established Level --of- service standard; the degree to which they promote
the efficient operation of existing facilities; and the degree to which they eliminate
handicapped- access problems. Factors for priori tization are: facilities which will
correct the greatest facility deficiencies based upon the established level. -of- service
standard will be given the highest ranking; facilities addressing the operation and
maintenance of existing facilities shall be given the lie x t highest ranking.
CAPITAL IMPROVEMENTS Page 4
City of Cape Canaveral -� tar E� 5e m- ndm 5 1 �46�w . �� o X998
POLICY CI- 1.2.5:
The City shall insure that the Annual Capital Impi ements Budget Contains all of the
City's capital improvements for which funding is needed during the year in question,
including, but not limit to, the items in the Capital Improvements Schedule of the
Comprehensive Plan.
POLICY CI-1.2.6:
The City shall adhere to the following debt management criteria; the ratio of total debt
service to total revenue shall not exceed .1, or 10%; the ratio of total capital debt to the
taxable portion of the tax base shall not exceed .1, o.r 10 %; there shall be no limitation on
the use of revenue bonds as a percentage of bonded debt.
Objective CI -1.3:
The City shall ensure that its public facilit expenditures do not unnecessarily subsidize
development in high- hazard coastal areas, excels t 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 'n high -- hazard coastal
areas, plus the extent to which the following Policies are implemented.
POLICY CI-- 1.3.1:
The City shall not locate public infrastructure (other than public recreation, open space,
conservation, or coastal access facilities) within the high- hazard coastal zone unless
there is no alternative.
POLICY 0- 1.3.
The City shall require developers in high - hazard coastal areas to provide sanitary
sewer, water, drainage, and circulation facilities for new development, thereby reducing
the amount of public funds needed for such improvements.
POLICY CI- 1.3.3:
The City shall insure that prior to City approval, all development proposed for coastal
high - hazard areas meets FDEP requirements.
Objective CI-
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.
CAPITAL IMPROVEMENTS Wage 5
City of Cape Canaveral Ti
r r H ec O c t o b er r
POLICY CI-- 1.4.1:
The City shall continue to enforce its adopted impact fee, ordinances for sanitary sewer
and fire protection.
POLICY CI- 1.4.2:
The City shall continue to require that developers provide the on -site facilities for
sanitary sewer, water, drainage, and transportation for their developments.
POLICY CI-- 1.=1.3:
The Cite shall consider whether other types of impact fees are necessary and
appropriate (e.g., transportation or recreation impact fees).
GOAL 2:
The Citv shall movide for a financially feasible ublic school facilities program in
coordination with the Brevard Countv School Board
Objective cI -2.1:
The city shall coordinate with the School Board to ensure existing deficiencies
and future needs are addressed consistent � i t.h the adopted level of service
standards far public schools.
POLICY 0- 2.2.1
The Citv of Cape Canaveral shall adopt as art of its Ca ital Improvements
Element the Brevard Countv School Districts ti1!e vear work approved
by the School Board May 13 2008 as part of the School District Budget and by
December 1 each vear includin planned facilities and fundin sources to ensure
a financially feasible cap ital .. 'improvements rogram and to ensure the level of
service standards will be achieved by the end of the f ire -vear period.
POLICY CI-2.2.
Proportionate Share - The City shall coordinate with the School Board as provided in the
adopted interlocal a •eement to ensure that future development ays a Proportionate
share of the costs of capital facility capacity needed to accommodate new development
CAPITAL IMPROVEMENTS Page b
City of cape Canaveral u m ittal_ E AR - B se A,.....e,,.....l,.,.,.- a t s
's &Walls, hi
and to assist in rnaintamo mo the adopted level of service standards via iMn act fees and
other leually available and apj�roriate methods.
CAPITAL IMPROVEMENTS Page 7
City of Cape Canaveral. Tra nsm i ttal
.1 �� & W r !H October- 28, 19QSZ
EXHIBIT
Comprehensive Plan
FUTURE LAND USE ELEMENT
GOALS, OBJECTIVES and POLICIES
Prepared for
The City of Cape Canaveral
Updated July 15, 2008
II I
.� . P P . A
I ON
+r � : rr rr r r ■ ■
GOAL 1
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 maxi=' e the efficient use of land, accessibility to the circulation
system and general compatibility among the land uses.
Objective LU -
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:
Policy LU- 1.1.1:
The City shall require soil borings before development bakes place to assure that the soil
is capable of bearing the structure(s) proposed.
Policy LU -1.12.
The City shall require developers to provide for the local sanitary sewer, reuse and
water systems to serve their developments.
Policy LU- 1.1.3:
The City shall require developers to provide for the following on -site infrastructure
V
mprovements for their projects: drainage and stor.mwater management, open space,
safe and convenient traffic flow, and vehicle parking.
Policy LU- 1.1.4:
The City shall apply its adopted level -of- service standards to a proposed development
before allowing the development to take place.
Policy LU- 1.15:
The City shall require large scale residential development to provide an adequate range
of services and facilities in accordance with the character of the development, and to
reduce the direct or indirect cost to the public sector in providing such services and
facilities.
FUTURE LAND USE Page 2
Objective LU -1.2:
Should blighted areas occur, the City shall work to v %yard redevelopment or renewal of
such areas. The measurement of this Objective is the continulllg Zack of blighted areas
and the degree to which the following Policy is implemented.
Policy LU-- 1.2.1:
The City shall enforce its housing and building codes in an effort to P revent an y
blighted areas.
Objective LU -
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 compatibility of land uses within Cape Canaveral and the degree to
which the following Policies are implemented.
Policy LU- 1.3.1:
The City shall enforce its various ordinances whit li regulate the land use categories
included in the Future Land Use Map (Zoning ordinance), subdivisions (Subdivision
Regulations), signage (Sign Ordinance), and arezis subject to seasonal or P eriodic
flooding (Stormwater Management Ordinance and Federal Flood Insurance Program
Regulations) .
Policy LU-1.3.2:
The City shall require new development to be compatible with adjacent land uses.
Policy LU- 1.3.3:
The City shall enforce its requirements pertaining to densities and intensities of land use
in each land -use category - -i.e.
*R -1, Low Density Residential: maximum 5.808 lots / acre.
*R -?, Medium Density Residential and Townhouse Apartments: maximum 15
units/acre.
*R -3, Duplex/ Multi -- Family / Towidnouse Apartments: maximum 15 units / acre.
*M -1, Light Industrial: maximum 4.356 lots/ acre.
*C -1, Commercial: zoning regulations impose a variety of requirements,
depending upon type of use.
FUTURE LAND USE Page 3
December- Is r
t
*C -?, Commercial: zoning regulations impose a variety of requirements,
depending upon type of use.
PUB, Public and Recreation Facilities
CON, Conservation
Objective LU -
The city shall enforce its regulations for protection of natural resources and historic
resources. The measurement of this objective is the extent to which natural and historic
resources are protected and the degree to which the following Policies are implemented.
Policy LU- 1.4.1:
The City shall continue to enforce its regulations which protect environmentally
sensitive land. (e.g. wetlands, beaches and dunes)
Policy LU- 1.4.2:
As historically- significant properties are identified, these shall be designated and
protected.
Policy LU- 1.4.3:
The City shall maintain a list (including locations) of archaeological sites to cross -check
against locations of proposed development before issuing a Development Order.
Objective LU-
The City shall coordinate coastal area population densities with the local hurricane
evacuation plan. The measurement of this objecti is the density of population in the
coastal area and the degree to which the following Policy is implemented.
Policy LU- 1.5.1:
The City shall continue to monitor density of developments, especially in the high -
hazard areas.
Objective LU -
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.
FUTURE LAND] USE Page 4
G-ity ef Cape Canaveral Adeptie.i.m. EAR Based Amendment
Policy LU- 1.6.1:
The City shall work toward development on infill parcels:
Policy LU- 1.6.?:
The City shall encourage projects which are adjacent to existing public infrastructure.
Objective LU -1.7:
The City shall ensure the availability of land suitable for utility facilities necessary to
support proposed development. The measurement of this Objective is the availability of
land for utility facilities.
Policy LU-- 17.1:
The cit shall continue with its policy of requiring developers to provide local sanitary
sewer and water lines at the time of development.
Policy LU- 1.7.?:
The City shall continue to cooperate with the Cocoa Water Department for locatin g and
obtaining land for additional water facilities which inay be required to be located within
Cape Canaveral at some future date.
Objective LU -1.8:
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 Police is implemented.
Policy LU- 1.8.1:
The City shall allow planned unit developments (PUD's) with proper review, using the
following specific criteria:
1. The PUD is an area of land developed as a single entity, or in approved
stages, in conformity with a final developri-tent plan which is intended to
provide for a variety of residential and compatible uses and common space.
?. The PUD is a concept which permits variation in residential
developments by allowing deviation in lot size, type of dwelling, density, lot
coverage, and open space from that required for any one residential land -use
classification under the zoning regulations.
3. PUD procedures and standards will ha %re the following objectives:
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A. Accumulation of large areas of usable open spaces for recreation
and preservation of natural amenities,
B. Flexibility in design to take the Greatest advantage of natural land,
trees, historical and other features.
C. Creation of a variety of housing types and compatible
neighborhood arrangements that give the home buyer greater choice in
selecting types of environment and living tu
D. Allowance of sufficient freedom for the developer to take a
creative approach to the use of land and related physical development, as
well as utilizing innovative techniques to enhance the visual character of
the Cit of Cape Canaveral.
E. Efficient use of land which may result in smaller street and utility
networks and reduce development costs.
F. Establishment of criteria for the inclusion of compatible associated
uses to complement the residential areas within the planned unit
development.
C. Simplification of the procedure for obtaining approval of
proposed developments through simultaneous review by the City of
proposed land use, site consideration, lot and setback considerations,
public needs and requirements, and health and safety factors.
H. PUD should utilize economical and efficient use of land, utilities
and streets and other infrastructure.
4. No PUD shall be approved by the City until such time as a PUD
ordinance is adopted b the Cig7; tlus PUD ordinance shall be an up -to -date type
of ordinance based upon the criteria specified above.
Objective LU -
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.
Policy 1.9,1:
In July of 1995, the City identified areas, prepared and adopted in the State Route A7A
Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic
circulation and to provide for aesthetically pleasing and environmentally sound
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commercial, office and residential opportunities, consistent with this Comprehensive
Plan. At a mixumum, the following criteria shall apply.-
CR ITFR IA O
A. The B&R Plans shall be coordinated with the availability of the
following public facilities and services at the levels of service adopted in
this Comprehensive Plan: roadways, potable water, sanitary sewer,
drainage, solid waste and emergency services.
B. The B&R Plans shall be coordinated with transportation
improvements including marginal access, existing roadway networks in
the study area, reduction of access points, parking, pedestrian and bicycle
facilities and mass transit.
C. The B&R Plans address the impacts of redevelopment activities on
the natural. systems. Redevelopment activities shall be conducted
consistent with the Conservation, Coastal Management and Surface
Water Management elements of this Comprehensive Plan.
D. The B &R Plans provide for the visual continuity of the study area
through landscaping, signage and architectural and design requirements.
E. The Redevelopment Plan addresses economic development
strategies such as business recruitnient, commercial revitalization and
marketing campaigns.
F. The Redevelopment Plan shall identify housing and other
structures which are substandard and shall address measures for
rehabilitation or replacement.
G. The B&R Plans shall be consulted with the various decision -
making task forces, comprised of a balanced set of representatives from
all affected parties in the City of Cape Canaveral.
Objective LU -1.10:
The City shall strive to coordh'iate with the Brevard Count School Board with
regard to the location of future public schools within the con orate boundaries of
the City.
Polic x,1
Traditional tvr es of public schools (h4 schools, junior I d h middle schools and
elementary schools shall be an allowable use in all Future Land Use categories exce t
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the M_7 Industrial and PUB Public Z Recreation. The City shall be cautious and ahem t
to reduce an impact of school sitiin and its com a tibility to other uses for the Future
Land use cate ory that may be impacted.
Policv 1.10.2
High schools shall be req uired to be located on collector and arterial roads.
Policv 1.10.3
The City of Cape Canaveral in conjunction with the School District shall seek
op to co-locate schools with vublic facilities, such as arks libraries and
community centers as the need for these facilities is identified.
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