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Home My WebLink AboutOrdinance No. 08-2010 ORDINANCE NO.08-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE CAPE CANAVERAL COMPREHENSIVE PLAN BASED ON THE EVALUATION AND APPRAISAL REPORT("EAR");PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS;SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the Florida Legislature intends that local planning be a continuous and ongoing process;and WHEREAS,section 163.3161 et.seq.,Florida Statutes,established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, consistent with section 163.3167, Florida Statutes, the City Council has adopted the City of Cape Canaveral Comprehensive Plan; and WHEREAS,as required by section 163.3191,Florida Statutes,on December 18,2007,the City Council adopted its evaluation and appraisal report("EAR"),which is required to be adopted every seven(7)years to assess the progress of implementing the City's Comprehensive Plan; and WHEREAS, the Local Planning Agency has reviewed the amendments to the Comprehensive Plan set forth herein,held an advertised public hearing,provided for participation by the public in the process,and rendered its recommendations to the City Council; and WHEREAS, the City Council, after considering the Local Planning Agency's review comments and recommendations for amendments to the Cape Canaveral Comprehensive Plan, desires to adopt the amendments set forth herein; 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. 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 City of Cape Canaveral Ordinance No.08-2010 Page 1 of 3 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 amendments set forth herein,which are based on the City's evaluation and appraisal report("EAR"), adopted by the Cape Canaveral City Council on December 18,2007. Section 4. Adoption of Evaluation and Appraisal Report-Based Amendments to the Comprehensive Plan. The Cape Canaveral City Council hereby adopts the amendments to the Cape Canaveral Comprehensive Plan set forth in Exhibit "A," attached hereto and fully incorporated herein by this reference(underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the text existing in the Comprehensive Plan. It is intended that the text in the Comprehensive Plan denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendments 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 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 finding 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 City of Cape Canaveral Ordinance No.08-2010 Page 2 of 3 of the City of Cape Canaveral Comprehensive Plan, as amended. ADOPTED by the City Council of the City of Cape Canaveral,Florida,in a regular meeting assembled on the 1 q t day of 42. , 2010. C.1V 04./...N.Q0C4IL ROCKY RANDE ,Mayor ATTEST: For Against 11A 401 Bob Hoog x Buzz Petsos motion AN LA APPERerk Rocky Randels x C.Shannon Roberts Betty Walsh second APPRO D AS TO LEGAL FORM AND SUFFICIENCY FOR CITY OF CAPE CANAVERAL ONLY. ANTHONY A. GARGANESE City Attorney Transmittal Hearing: August 2, 2010 Adoption Hearing: October 19, 2010 Effective Date: January 5, 2011 City of Cape Canaveral Ordinance No.08-2010 Page 3 of 3 Ora. No. 08-2010, Exhibit"A" The City of Cape Canaveral Comprehensive Plan INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report INTERGOVERNMENTAL COORDINATION ELEMENT Page 1 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" GOAL 1 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 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 Port Authority, 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. 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 immediately 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 planning 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 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. Policy IG-1.2.1: The City shall cooperate with the Florida Department of Transportation (FDOT) in establishing level-of-service standards for State highways within the City. Level of service standards for roadway facilities on the Strategic Intermodal System must be INTERGOVERNMENTAL COORDINATION ELEMENT Page 2 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" consistent with FDOT standards. Standards must consider compatibility with adjacent jurisdictions. 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 and shall consult with the City of Cocoa prior to issuing a building permit to ensure adequate water supplies and potable water facilities will be available to serve new development by the date of issuance of a certificate of occupancy. Policy IG-1.2.3: When conflicts occur between Cape Canaveral and other governmental entities, Cape Canaveral shall consider the use of the Regional Mediation 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 Port Authority (for drainage, reclaimed water, and transportation), Cocoa Beach (for recreation, drainage, reclaimed water, and transportation), Brevard County (for solid waste and transportation), ECFRPC (for planning assistance),City of Cocoa (for potable water),and FDOT (for transportation). 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. INTERGOVERNMENTAL COORDINATION ELEMENT Page 3 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" 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-1.3.2: The City shall discuss and share information on infrastructure services regarding proposed development with Port the Canaveral Port Authority (sanitary sewer drainage, reclaimed water, and transportation), Cocoa Beach (recreation, drainage, reclaimed water, and transportation), Brevard County (solid waste and transportation), ECFRPC (planning assistance), City of Cocoa (potable water), and FDOT (transportation). Policy IG-1.3.3 The City's comprehensive plan shall coordinate with and follow the direction of S]RWMD's Regional Water Supply Plan. The comprehensive plan will be amended within 18 months of an adopted update to the Regional Water Supply Plan. Objective IG-1.4: The City shall pursue creation of the administrative and financial mechanisms necessary to achieve the goals and objectives of the City of Cape Canaveral 2007 Redevelopment Plan. Policy IG-1.4.1: The City shall pursue creation of a Community Redevelopment Agency (CRA) to provide a funding source and a plan for redevelopment of commercial and residential properties. Federal and State Brownfields designations will also be pursued where appropriate. Policy IG-1.4.2: The City shall develop a City "brand" or identifiable character which represents the core values of the community and creates an image consistent with the City's Vision Statement. Policy IG-1.4.3: The City shall identify and evaluate the various City Boards and how they interact and overlap with each other. INTERGOVERNMENTAL COORDINATION ELEMENT Page 4 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Goal 2 The City shall establish and maintain a cooperative relationship with the Brevard County School Board to provide an effective joint planning process including procedures to coordinate land use planning with the development of school facilities including public school siting, population projection calculations, and the provision of public schools concurrently with residential development and infrastructure. Objective IG-2.1: The City shall establish coordination mechanisms with the School Board to achieve a collaborative effort to identify school needs, provide for schools facilities and implement school concurrency using consistent supporting data and analysis. Policy IG-2.1.1 In cooperation with the School Board, the City shall adopt and implement the interlocal agreement as required by Sections 163.31777 and 1013.33 F.S., which includes procedures for: a) Coordinating and sharing information b) Placement of schools and ancillary facilities c) Amendment and review of the Comprehensive Plan d) Site design and development plan review e) Joint development of schools, parks and other uses f) Implementation of school concurrency g) Implementation of Interlocal Agreement amendments h) Resolution of disputes Policy IG-2.1.2 The City shall participate as members of School Board committees listed in the Interlocal Agreement to assist with the coordination of school placement, review INTERGOVERNMENTAL COORDINATION ELEMENT Page 5 EAR based amendments adopted October 19,2010 Ord. No. 08-2010,Exhibit"A" of School Board data, provision of determinations of impact fee fund distribution and review of proposed school concurrency amendments to local government comprehensive plans Policy IG-2.1.3 The City shall review School Board data and share development information, population projections and infrastructure availability information with the School Board consistent with the procedures provided in the Interlocal Agreement. Policy IG-2.1.4 The City shall provide the School Board with applications for new development in accordance with the provisions in the Interlocal Agreement. Policy IG-2.1.5: The City shall coordinate with the School Board regarding the Board's appointment of a non-voting member to the Planning and Zoning Board. Objective IG-2.2: The City shall adopt regulations necessary to implement school concurrency. Policy IG-2.2.1 The city shall adopt regulations necessary to implement school concurrency no later than the date of issuance by the State Department of Community Affairs of a Notice of Intent to find the Public School Facilities Element in compliance. INTERGOVERNMENTAL COORDINATION ELEMENT Page 6 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan CONSERVATION MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report Conservation Element Page 1 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" 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-1 Maintain or improve current quality of air. The measurement of this Objective is the quality of air within Cape Canaveral plus the degree to which the following Policies are implemented. Policy C-1.1: Join with other governmental entities in the area in an effort to prevent major industrial air polluters from locating within the coastal zone. Policy C-1.2: Prohibit un-permitted open burning of trash and debris within the City. Policy C-1.3: The City shall encourage alternative forms of transportation in conjunction with new development or new roadway projects (e.g.,car pooling,mass transit,etc.). Policy C-1.4: The City shall cooperate with adjacent governmental entities to determine the feasibility of conducting air-quality impact analysis for projects that might cause violations of State air-quality standards and_determine if a periodic air-quality modeling program would be useful and feasible. 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. Conservation Element Page 2 EAR based amendments adopted October 19,2010 Ord. No. 08-2010,Exhibit"A" Policy C-2.1: Enforce the City's Stormwater Management Ordinance for control of stormwater runoff. Policy C-2.2: Continue to work with Brevard County in enforcement of its ordinance requiring recirculation of water used for heat pumps. Policy C-2.3: Minimize man-induced sedimentation, excessive freshwater runoff,and other non-point source pollution into the Banana River and the Atlantic Ocean. Policy C-2.4: Cooperate with the St. Johns River Water Management District, Brevard County, and the City of Cocoa during times when emergency water conservation measures are in effect. Policy C-2.5: The City shall ensure that its Land Development Regulations contain a requirement making development contingent upon the availability of adequate potable water. Policy C-2.6: The City shall evaluate alternatives for the conservation of existing water supplies. Policy C-2.7: The City shall evaluate the need for retrofitting stormwater systems which do not meet existing State standards. Policy C-2.8: The City shall maintain an ordinance which prohibits the removal of littoral vegetation from the Banana River. Policy C-2.9: In an effort to further protect the Banana River, the City may consider the treatment of storm water discharge via the City's sewer treatment facility. Conservation Element Page 3 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Policy C-2.10 The City shall consider the St. Johns River Water Management District's regional water supply plan when preparing updates and amendments to the Infrastructure, Capital Improvements and Conservation Elements. Objective C-3 Conserve 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. Policy C-3.1: Continue to enforce the City's landscaping and tree ordinances to help prevent soil erosion and to protect trees within the City. Policy C-3.2: Work with private developers to preserve, where possible, indigenous plant communities. Policy C-3.3 The City shall promote protection of environmentally sensitive areas, beach preservation and tree protection. 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 implemented. Policy C-4.1: Join with other governmental entities in the area in an effort to prevent major water polluters from locating within the coastal zone. Conservation Element Page 4 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Policy C-4.2: In order to protect regionally significant coastal resources, discourage dredge and fill activities as a means to develop small waterways, and closely coordinate review of such activities with the Florida Department of Environmental Regulation, The Florida Department of Natural Resources,and the US Army Corps of Engineers. Policy C-4.3: Work with private developers to preserve, where possible, indigenous animal communities and regionally significant natural vegetative communities. Policy C-4.4: Cooperate with federal, state and other local agencies to protect endangered and threatened species of animals. In this regard, the City shall ensure that development approvals are contingent upon consideration of endangered species. Policy C-4.5: The City shall adopt an ordinance providing for measures to protect sea turtle nesting activities. Policy C-4.6: The City shall enact an ordinance which provides for adequate upland buffering of the only shoreside wetland in Cape Canaveral. Policy C-4.7: The City shall prohibit developments that are feasible only through creation of land by dredging and filling of areas below mean high water. Objective C-5 The City shall be prepared to deal with problems relating to the disposal of hazardous wastes. The measurement of this Objective is the degree to which the following Policies are implemented. Policy C-5.1: The City shall coordinate with Brevard County to disseminate educational materials to the public concerning the disposal of hazardous wastes, such as the county's "hazardous waste round up." Conservation Element Page 5 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Policy C-5.2: The City shall cooperate with appropriate local, State, and Federal agencies in planning for both small-and large-scale hazardous waste problems. Conservation Element Page 6 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES IRI �I I!I II Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report Coastal Management Element Page 1 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" 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-1 The City shall protect, conserve, or enhance the two remaining coastal wetlands, living marine resources, coastal barriers, and wildlife habitat. The measurement of this objective is the extent to which these resources are protected, conserved or enhanced and the degree to which the following Policies are implemented. Policy CM-1.1: The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone, including, as appropriate, wetlands, water quality, water quantity, wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas,beach preservation and tree protection. Policy CM-1.2: The City shall provide for development which is consistent with resource tolerance, carrying capacity and the ability of the City to efficiently provide and maintain necessary services as set out in other Elements. Policy CM-1.3: The City shall continue to work with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment,including but not limited to,its amenities and aesthetic values. Policy CM-1.4: The City shall work with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and non-living coastal zone resources. Policy CM-1.5: The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. Coastal Management Element Page 2 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" Policy CM-1.6: In cooperation with state and federal regulatory agencies and private developers, the City shall monitor development in those areas with overriding environmental limitations to development. Policy CM-1.7: The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone,including the following noxious species: Causarina cunninghamians (Beefwood) Causarina glauca (Scaley-bark Beefwood) Causarina equisetifolia (Australian Pine) Dioscorea bulbifera (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) Rincinus communis (Castor Bean) Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) 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. Policy CM-2.1: The City shall work toward limiting the specific and cumulative impacts of development and redevelopment upon wetlands,water quality, water quantity,wildlife habitat, and living marine resources, and beach and dune systems. Policy CM-2.2: The City shall enforce its ordinances which minimize man-induced sedimentation, excessive freshwater runoff,and other non-point pollution sources. Coastal Management Element Page 3 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy CM-2.3: The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. 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. Policy CM-3.1: The City shall establish priorities for shoreline uses, providing for siting of water- dependent and water-related uses; establish performance standards for shoreline development; and establish criteria for marina siting which address: land use compatibility, availability of upland support services, existing protective status or ownership, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability for public use, and economic need and feasibility. Policy CM-3.2: The City shall review, update (if necessary) and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks; and land use; and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports--all with the underlying rationale of reducing the exposure of human life and property to natural hazards. Policy CM-3.3 The City shall adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. 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 Coastal Management Element Page 4 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. Policy CM-4.1: The City shall closely monitor beachfront development to insure to the greatest extent possible that the dune system is preserved as a natural buffer to storm surge. Policy CM-4.2: In areas where beaches and dunes are being eroded, the City shall encourage and support a multi-jurisdictional approach to stabilization and restoration projects, preferably utilizing native vegetation as the stabilizing medium. Policy CM-4.3: The City shall continue to enforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. Policy CM-4.4: No new construction shall be allowed that threatens the stability of either the dune systems or the beach itself. Land development projects in beach areas east of S.R.- AlA should provide for dune stabilization and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. Policy CM-4.5: The City shall continue to prohibit motorized vehicles from operating on the dune system except in emergency situations. Policy CM-4.6: The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port operations on the City's beaches. Objective CM-5: The City shall limit public expenditures that subsidize development permitted in coastal high-hazard areas, except for restoration or enhancement of natural resources. The measurement of this Objective is the extent to which public expenditures are limited in coastal high-hazard areas except in the case of restoration or enhancement of natural resources and the degree to which the following Policy is implemented. Coastal Management Element Page 5 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy CM-5.1: The City shall incorporate a provision to implement the above Objective in its Land Development Regulations. 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. Policy CM-6.1: Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high-hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Objective CM-7: The City shall work toward reducing its local hurricane evacuation times based upon the 1987 Brevard County Peacetime Emergency Plan Brevard County's Comprehensive Emergency Manangement Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. Policy CM-7.1: The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. Policy CM-7.2: The City shall maintain and update, as required, its list of persons requiring help during evacuation. Policy CM-7.3: The City shall limit development if it would unreasonably increase hurricane evacuation times. Coastal Management Element Page 6 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" Policy CM-7.4: The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. Objective CM-8: The City shall prepare a post-disaster redevelopment plan which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post-disaster redevelopment plan plus the degree to which the following Policies are implemented. Policy CM-8.1: The City shall establish a mechanism for obtaining input on this matter from affected property-owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the preparation of the post-disaster redevelopment plan. Policy CM-8.2: The City shall use the following as the guiding principle for its post-disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. Policy CM-8.3: The City's post-disaster redevelopment plan shall include policies to: distinguish between short-term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures; limit redevelopment in areas of repeated damage; and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. Objective CM-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. Policy CM-9.1: The City shall evaluate the number, type, and location of existing shoreline access points to determine if more are needed and how they will be financed. Coastal Management Element Page 7 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" Policy CM-9.2: The City shall continue to encourage public access at the time of development of the areas along the beach. Policy CM-9.3: The City shall enforce public access to beaches renourished at public expense. Policy CM-9.4: The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. Policy CM-9.5: The City shall provide transportation or parking facilities for beach and river shoreline access,to the extent feasible. Objective CM-10: 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. Policy CM-10.1 The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. Policy CM-10.2: As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. Policy CM-10.3: The City shall maintain a list of historic resource sites to be used to cross-check against proposed development. Objective CM-11: 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 Coastal Management Element Page 8 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" of infrastructure when needed, plus the degree to which the following Policies are implemented. Policy CM-11.1: The City shall require developers to finance and install water and sewer lines, drainage facilities and local streets to serve development as it occurs,consistent with concurrency management. Policy CM-11.2: The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. Policy CM-11.3: Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. Objective CM-12: The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. Policy CM-12.1: The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St. Johns River Water Management District. Coastal Management Element Page 9 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report INFRASTRUCTURE ELEMENT Page 1 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" SANITARY SEWER 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-1 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 10-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. Policy SS-1.1 The City shall provide sanitary sewer collection and treatment through utilization of its sanitary sewer system. Policy SS-1.2 The City shall require all new development, at no cost to the City, to install sewage collection and reuse facilities and to connect those facilities to the City's system in accordance with City ordinances. Policy SS-1.3 The City shall not allow the use of septic tanks for new development and work toward the elimination of any remaining septic tanks. Policy SS-1.4 The City shall establish priorities for replacing facilities, correcting existing facility deficiencies and providing for future facility needs. Policy SS-1.5 The City shall establish and utilize level-of-service (LOS) standards for sanitary sewer facilities. The current LOS is 118 gallons per capita per day (gpcd), excluding the flow INFRASTRUCTURE ELEMENT Page 2 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" from Port Canaveral. This is a satisfactory LOS; therefore, the present LOS of 118 gpcd is hereby adopted as the LOS standard for this component of the system. 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. Policy SS-2.1 The City shall '. -;- • -- - - - . •: - - _ - - - continue its program for reuse of effluent for irrigation and groundwater recharge. DRAINAGE 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-1 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. Policy D-1.1 The City shall provide for routine maintenance for all parts of its drainage system. Policy D-1.2 The City shall control the drainage of stormwater in order to minimize the impact on the storm sewer system and on the surficial and Floridan aquifers. INFRASTRUCTURE ELEMENT Page 3 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy D-1.3 The City shall control the development of storm sewers and to insure that city maintenance of canals and ditches is accomplished efficiently. Policy D-1.4 The City shall enforce its Stormwater Management Ordinance for new development. Policy D-1.5 The City shall review its Stormwater Management Ordinance with a view to strengthening it in order to make it more compatible with current standards of the SJRWMD. Policy D-1.6 The City shall periodically establish priorities for replacement, correction of facility deficiencies and provision for future facility needs as apart of its capital improvements program. As deficiencies occur, these will be included as a part of the capital improvements program. Policy D-1.7 The City shall establish and utilize LOS standards for drainage facilities. The current LOS is the requirement for retention of the first inch of rainfall for new developments. This is an adequate LOS and is hereby adopted as a LOS standard. The City also hereby adopts as the LOS standard for overall drainage facilities the following criterion: a design storm of 5-year frequency and one-hour duration with rainfall of 3 inches per hour and removal of excess water within 3 hours of the event. Policy D-1.8 The City shall support efforts to educate the general public about non-point source pollution and the value of stormwater management practices. Policy D-1.9 The City shall, continue to utilize a record keeping system relative to the use of stormwater management practices, construction, maintenance costs and facilities monitoring. Policy D-1.10 The City shall collaborate with other governmental entities having jurisdiction in the area on the development of a comprehensive, consistent, and coordinated watershed- wide stormwater management plan. INFRASTRUCTURE ELEMENT Page 4 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" 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. Policy D-2.1 The City shall require the use of existing drainage facilities, where feasible, for new development. Policy D-2.2 The City shall enforce its Stormwater Management Ordinance for retention and detention facilities for storage of stormwater runoff. Policy D-2.3 The City shall determine the feasibility of retrofitting areas of existing development with updated stormwater treatment facilities. SOLID WASTE 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-1 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 10-year time frame. INFRASTRUCTURE ELEMENT Page 5 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy SW-1.1 The City shall cooperate with Brevard County for disposal of solid and hazardous wastes. Policy SW-1.2 The City shall encourage recovery of additional resources from solid wastes, where feasible. Policy SW-1.4 The City shall monitor the performance of the garbage and trash pickup service to assure the best service available at the lowest possible cost. Policy SW-1.4 The City shall cooperate with the County in providing for future facility needs for disposal of solid and hazardous wastes. Policy SW-1.5 The City shall cooperate with the County in establishing and utilizing needed LOS standards for solid waste facilities and services. The current LOS of 8.32 lbs. of solid waste per capita per day is hereby adopted as the LOS standard for solid waste disposal. POTABLE WATER 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-1 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 10- 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. INFRASTRUCTURE ELEMENT Page 6 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy PW-1.1 The City shall cooperate with the City of Cocoa in provision of potable water for the citizenry of Cape Canaveral. Policy PW-1.2 The City shall require developers to install potable water distribution facilities and to connect those facilities to Cocoa's water system for all new development. Policy PW-1.3 Cape Canaveral shall cooperate with the City of Cocoa in establishing priorities for replacement, correcting existing facility deficiencies and providing for future facility needs. Policy PW-1.4 The City shall cooperate with the City of Cocoa in establishing and utilizing LOS standards for water facilities. Two LOS standards are hereby adopted by the City: the standard for consumption is 264 gallons per household per day; the standard for water pressure is 60 psi. Policy PW-1.5 Prior to expiration of the existing contract between Cape Canaveral and Cocoa for potable water service, the City shall review the systems performance as a guide to use in negotiating the next contract. Policy PW-1.6 The City shall ensure adequate water supplies to serve new development by obtaining a certification of capacity from the City of Cocoa prior to issuing any new building permit. 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 water is available to all residents and businesses and the degree to which the following Policies are implemented. INFRASTRUCTURE ELEMENT Page 7 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy PW-2.1 The City shall cooperate with the City of Cocoa and the St. Johns River Water Management District in establishing, utilizing and enforcing potable water conservation strategies and techniques. Policy PW-2.2 The City shall investigate the feasibility of local implementation of the following water conservation concepts: a water conservation public education program; requirements for installation of low water volume plumbing fixtures; the incorporation of water conservation concepts in landscape regulations; the identification of areas suitable for use of reclaimed water. Policy PW-2.3 The City shall work with Cocoa Water System to evaluate water supply alternatives and to identify an emergency backup source of supply. Objective PW-3 Assure that the objectives and requirements of the St. Johns River Water Management District are reflected in the Potable Water sub-element of the Comprehensive Plan. Policy PW-3.1 The SJRWMD's Regional Water Supply Plan shall be considered when preparing Evaluation and Appraisal Reports and in the preparation of the City's Water Supply Facilities Work Plan. The City will participate in updates to SJRWMD's water supply assessment, regional water supply plan, and other water supply development-related initiatives facilitated by SJRWMD that affect the City. Policy PW-3.2 The City's Water Supply Facilities Work Plan shall be updated at a minimum every five years, within 18 months of an adopted update to SJRWMD's regional water supply plan that affects the City. Policy PW-3.3 The Potable Water sub-element is to be updated within 18 months of an adopted update to the Regional Water Supply Plan. INFRASTRUCTURE ELEMENT Page 8 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" NATURAL GROUNDWATER AQUIFER RECHARGE 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-1 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. Policy AR-1.1 The City shall regulate land use and development to protect the functions of natural drainage features and groundwater aquifer recharge areas. This Policy will be carried out, in part, by the City's enforcement of its Stormwater Management Ordinance for retention and detention of stormwater and its land use regulations. Policy AR-1.2 The City shall cooperate with Brevard County in enforcement of the ordinance requiring recirculation of water for heat pumps which are connected to wells. RENEWABLE AND ALTERNATIVE ENERGY SOURCES GOAL Cape Canaveral shall strive to become a more sustainable and energy efficient City of the 21st century. Objective RA-1 The City will encourage green building standards and meet more of its energy needs by relying on the use of renewable and alternative energy sources. INFRASTRUCTURE ELEMENT Page 9 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy RA-1.1 The City shall encourage the use of renewable and alternative energy sources in all new construction. LEED certification shall be explored for municipal projects and encouraged for private developments. Policy RA-1.2 The City shall draft land development regulations that support the location and use of renewable and alternative energy sources. INFRASTRUCTURE ELEMENT Page 10 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan TRANSPORTATION ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report Transportation Element Page 1 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" 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. Policy T-1.1 The City shall continue with development of a program to provide for the regular maintenance and improvement of local streets so as to maximize safe travel for vehicles and pedestrians and reduce loss of life and property by reducing accidents. Policy T-1.2 The City shall work with the Metferelitan Space Coast Transportation Planning Organization and the Florida Department of Transportation in developing and utilizing level-of-service standards at peak hour on all roadways within the City's jurisdiction. The City hereby adopts level-of-service standard "E" for all roadways in the municipality as the minimum acceptable operating level-of-service (with a desirable level-of-service "C"). - ' : •:• - • -• - . - - - - • - • -• ' hereby adopts the following "interim" level of service approach: The City commits to maintain that existing level-of-service standard and to not permit any further significant degradation of that condition: (the cut-off point for indicating significant degradation will be a volume to capacity ratio (V/C ratio)--to be interpreted as a maximum acceptable volume ratio (MAV ratio)--of 1.10: at the point that the City determines that the V/C ratio (MAV ratio) exceeds 1.10, it will trigger a procedure in accordance with Transportation Element Page 2 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" the City's concurrency management system to defer, modify or deny development orders or permits which impact the roadway segment in question. In addition, once a substandard roadway is improved to a level-of-service "E" or better, the newly achieved level-of-service will become the new "maintain-and-not-further-degrade" standard. the standard for said roadway. Policy T-1.3 The City shall implement its policy of requiring all new developments within the City to prepare a circulation plan that illustrates adequate access to the City circulation system; provides for the adequate design of local street systems; and coordinates with the existing street patterns of the area. Policy T-1.4 The City shall require dedication or reservation of future rights-of-way for major components of the overall transportation network when development takes place in a previously undeveloped area and when such future rights-of-way traverse or abut the property to be developed. Furthermore, with respect to S.R.-A1A, the City shall take steps to protect and preserve right-of-way to comply with the Maximum Through Lane Standards by using such strategies as building setback requirements, donation/dedication of right-of-way by developers, advance right-of-way acquisition, or enactment of a right-of-way protection ordinance. Policy T-1.5 The City shall implement its policy of consideration of bicycle and pedestrian ways in the planning of transportation facilities. Policy T-1.6 At any time that a roadway within the City degrades to a substandard level-of-service condition, the City shall commit to maintain and not permit further significant degradation of operating conditions on said roadway, and it shall also adopt a strategy and timetable to enhance the operating conditions of said roadway. Policy T-1.7 The City shall control access of driveways and roads to SR-A1A; techniques such as the following will be considered: limiting the issuance of access and connection permits to the minimum necessary to provide safe access; using shared access points; using frontage roads; or locating access points to parcels with frontage along two or more roadways on the roadway of lower functional classification. Transportation Element Page 3 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010,Exhibit"A" Policy T-1.8 The City shall support forms of transportation which are alternatives to individualized vehicle use, such as: pedestrian facilities, bicycle ways, car-pooling, mass transit, etc. and support greater connectivity with the Central Florida region. Policy T-1.9 The City shall work with the FDOT in the protection and management of S.R.-A1A. Policy T-1.10: For projects that degrade the roadway level-of-service below the adopted level of service standard, development permits shall not be issued unless the facility impacted is on the TPO's five-year capital improvement schedule and construction is scheduled within the first three years. If, however, the facility is not scheduled within the first three years of the five-year capital improvement schedule, the City will calculate a proportionate fair-share contribution based on the formula provided in the City Code. Policy T-1.11: The City shall continue to implement the current Concurrency Management System for roads as defined by Objective T-1 of the Transportation Element. The City shall adopt transportation LOS standards for state roadways as established in FDOT's 2009 Generalized LOS Tables. The City shall adopt a LOS standard for public transit of"E" as outlined in FDOT's 2009 Generalized LOS Tables. Policy T-1-12: The City will develop Transportation Demand Strategies that will modify peak hour travel and reduce trip generation in the peak hour. These strategies may include better pedestrian/bicycling links between trip generators and attractors, and/or develop Transit Oriented Development regulations, and /or develop strategies to increase transit use. Policy T-1.13: Golf Cart Use - The City will allow and will evaluate policies allowing golf cart and EV (electric vehicle) access to beach end parking and the surrounding residential neighborhoods as a means of easing use of traditional motorized vehicles and available parking to reduce greenhouse gases. Policy T-1.14: Pedestrian Sidewalks and Bicycle Paths - The City shall evaluate the need for bike paths and sidewalks in the planning for transportation facilities and new development and redevelopment and require their installation when it is safe and economically feasible as an alternative means of transportation around the City and to further reduce greenhouse gas emissions. Policy T-1.15: Best Development Practices - The City hereby adopts and endorses the general principals of Reid Ewing's April 1996 "Best Development Practices." The City will specifically require the following principles for residential subdivisions: 1. Development shall allow for through streets spaced no more than l mile apart. Transportation Element Page 4 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" 2. Residential subdivisions shall allow for the use of traffic calming devices liberally. 3. Residential subdivisions shall be designed to keep speeds on local streets below 20 mph. 4. All developments shall provide for pedestrian friendly environments to include shortcuts whenever possible and shall develop pedestrian routes away from high speed roads or provide buffering. 5. PUDs shall incorporate transit orientated design features where applicable. Policy T-1.16: The City shall coordinate with Brevard County on a trail and blue-way system. Objective 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. Policy T-2.1 The City through the future land use map shall ensure that the level of service "E" is maintained. Policy T-2.2 The City shall require new development to construct or fund road improvements to meet the established level of service "E". Policy T-2.3: The City will review the Traffic Circulation Elements for the City of Cocoa Beach and the Canaveral Port Authority in order to insure compatibility with those respective plans and the plans of the City. This shall include right-of-way needs, access management, and level of service standards. Policy T-2.4: The City shall provide for safe, appealing and efficient citywide routes for pedestrian and bike path systems linking to major activity centers, parking facilities and residential areas. The City will consider providing strategically placed bicycle racks. Transportation Element Page 5 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Objective T-3 The City shall work with the Florida Department of Transportation, Brevard County, the Metropolitan Space Coast Transportation Planning Organization, and any other appropriate transportation planning bodies to assure the necessary 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. Policy T-3.1 The City shall work with all relevant transportation planning bodies to assure that the plans and programs of all the entities involved are effectively interrelated. Through the TPO,the City will annually review the FDOT 5-Year Plan and all of its updates to insure that its plans are consistent with that of FDOT. This shall include right-of-way needs, access management,and level of service standards. Policy T-3.3: The City shall coordinate with the City of Cocoa Beach, the Canaveral Port Authority, and Brevard County on development impacting the traffic circulation system. Policy T-3.2 The City shall discuss with the Space Coast Area Transit Authority to determine if and when transit service should be provided within Cape Canaveral. 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. Policy T-4.1 The City shall require dedication or reservation of future rights-of-way for major components of the overall transportation network when development takes place in a previously undeveloped area and when such future rights-of-way traverse or abut the property to be developed. Furthermore, with respect to S.R.-A1A, the City shall take steps to protect and preserve right-of-way to comply with the Maximum Through-Lane Standards by using such strategies as building setback requirements, donation/dedication of right-of-way by developers, advance right-of-way acquisition, or enactment of a right-of-way protection ordinance. Transportation Element Page 6 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy T-4.2: The City shall continue to enforce and update as needed the current ordinances that provide for right-of-way encroachment protection for new and existing buildings. Policy T-4-3: Traffic Circulation - The City shall consider a requirement for new development and redevelopment to provide a traffic circulation plan which illustrates safe access to the system and coordinates projected traffic flow with the existing street pattern. The traffic circulation plan may address median cuts, acceleration and deceleration lanes, storage turn lanes, cross access, signage and signalization. Standards for the preceding may be adopted in the City's land development regulations. Policy T-4.4: Access Management- In its review of development plans, the City will carefully review proposed access points and limit them to provide reasonable access to the site and address safety issues. It will require frontage roads, shared access points, cross access and restricted turning movements where necessary. Transportation Element Page 7 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan PARKS and RECREATION ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report RECREATION ELEMENT Page 1 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" GOAL The overall goal of the Recreation and Open Space Element is to assure that citizens of all ages who reside in Cape Canaveral are provided with a system of facilities and programs to meet their needs for active and passive recreation. Objective R-1 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. Policy R-1.1 The City shall continue with its current efforts to obtain and maintain additional public beach access points for passive recreation or conservation. Policy R-1.2 The City shall investigate the feasibility of acquiring and or developing land on the Banana River to provide public river access for passive recreation or conservation. Policy R-1.3 The City shall cooperate with all government agencies to maximize the use of available facilities. Policy R-1.4 The City shall require that its parks and recreational facilities be available and accessible to the handicapped. Policy R-1.5 The City shall evaluate and implement appropriate measures to protect park, open space, and recreation areas within the City from the adverse effects of encroaching urbanization. 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. RECREATION ELEMENT Page 2 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy R-2.1 The City shall continue to work with all Governments agencies and or private sources for funding and/or development of recreation facilities such as bikeways. Policy R-2.2 The City shall continue to require that certain recreational facilities be provided as a part of large developments. 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. Policy R-3.1 The City shall inventory available open space tracts and decide which ones (if any) would be most suitable given the City's needs and financial resources. This process shall include citizen input. Policy R-3.2 After the City determines which tract(s) that it wishes to acquire (if any), it shall include the activity in the Capital Improvements Program and take any other steps necessary to acquire and manage the open-space property in question. Policy R-3.3 The City shall ensure that open space standards and definitions are included in its Land Development Regulations. Policy R-3.4 The City hereby adopts the following level-of-service standard for open space: two acres per one-thousand population. 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 which the following Policies are implemented. RECREATION ELEMENT Page 3 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" Policy R-4.1 The City shall monitor the need for additional recreational and open-space areas and strive for 3 acres/ 1000 population for all parks. Policy R-4.2 The City hereby adopts the following level-of-service standard for passive and active recreational use for the provision of park land: 2 acres /1000 population for all parks. Policy R-4.3 The City shall pursue provision of additional parks with amenities such as restrooms and pavilions. RECREATION ELEMENT Page 4 EAR based amendments adopted October 19, 2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report FUTURE LAND USE ELEMENT Page 1 EAR based amendments adopted October 19,2010 Ord. No. 08-2010,Exhibit"A" GOAL 1 The overall goal for the City of Cape Canaveral for future land use is to ire ensure 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. The City adopts a long-term planning horizon of ten years, 2020. Objective LU-1.1: 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 takes place to assure that the soil is capable of bearing the structure(s) proposed. Policy LU-1.1.2: 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 improvements for their projects: drainage and stormwater 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-1.1.5: 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 ELEMENT Page 2 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Objective LU-1.2: Should blighted areas occur, The City shall work toward redevelopment or renewal of blighted such areas. The measurement of this Objective is the continuing lack reduction of the number of blighted areas and the degree to which the following Policy is implemented. Policy LU-1.2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU-1.3: 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 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 which regulate the land use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). Policy LU-1.3.2: The City shall 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. *R4, Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre. *M4, Light Industrial: maximum 4.356 lots/acre. *C4, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. FUTURE LAND USE ELEMENT Page 3 EAR based amendments adopted October 19,2010 Ord. No. 08-2010,Exhibit"A" *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON,Conservation Objective LU-1.4: The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the following Policies are implemented. Policy LU-1.4.1: The 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-1.5: 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. Policy LU-1.5.1: The City shall continue to monitor density of developments, especially in the high- hazard areas. Policy LU-1.5.2: The City shall amend the Future Land Use Map to depict the Coastal High Hazard Area. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. FUTURE LAND USE ELEMENT Page 4 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Objective LU-1.6: The City shall attempt to prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. Policy LU-1.6.1: The City shall work toward development on infill parcels. Policy LU-1.6.2: 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-1.7.1: The City shall continue with its policy of requiring developers to provide local sanitary sewer and water lines at the time of development. Policy LU-1.7.2: The City shall continue to cooperate with the Cocoa Water Department for locating and obtaining land for additional water facilities which may be required to be located within Cape Canaveral at some future date. Objective LU-1.8: The City shall work toward the use of innovative mixed use land use classifications and land development regulations to implement the recommendations of the 2009 Visioning Study for mixed use developments and a downtown center. The measurement of this Objective is the extent to which innovative land uses and land development techniques are allowed and the degree to which the following Policies are implemented. Policy LU-1.8.1: The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel, and flex space through the use of Mixed Use Land Use designations. The Mixed Use Future Land Use designation provides for a mix of uses within a development site FUTURE LAND USE ELEMENT Page 5 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" or within a multiple parcel area to encourage flexible and creative design, protect established residential neighborhoods from adverse impacts of nonresidential development and reduce the cost of public infrastructure. When the City adopts a policy creating a mixed-use land use designation(s), it will define the percentage distribution for the mix of allowable uses or other guidelines to implement mixed-use controls consistent with the requirements of 9J-5.006(4)(c), F.A.C. and further, it will include density and intensity standards for the mixed-use designation pursuant to Section 163.3177(6)(a), F.S. Designation of Mixed-Use FLU on the FLU Map within the City and the pursuit of appropriate strategies shall be based upon the following issues, factors and criteria: A. Provide for the compatibility of mixed land use patterns,which would consist of retail, restaurant, commercial, office, hotel, flex space and residential uses through the implementation of appropriate land development regulations. B. Encourage private development activities to coordinate with existing residents and property owners. Coordinate the provision of adequate public facilities and services. C. Provide for a reduced need for infrastructure by allowing for shared parking, drainage and other facilities. D. Existing single use developments in place prior to the designation of the land as Mixed Use remain legal conforming uses that can be restored in accordance with the current zoning district standards applicable to the property. E. Attendant on-site facilities such as utilities, structured parking facilities integrated into other uses,public schools,open space and recreation areas. Policy LU-1.8.42: 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 development plan which is intended to provide for a variety of residential and compatible uses and common space. 2. 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 have the following objectives: A. Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities. FUTURE LAND USE ELEMENT Page 6 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" 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 units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development,as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. E. Efficient use of land which may result in 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. G. 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 by the City; this PUD ordinance shall be an up-to-date type of ordinance based upon the criteria specified above. Objective LU-1.9: 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 City through redevelopment and beautification activities. Policy 1.9.1: In July of 1995, the City identified areas, prepared and adopted in the State Route A1A Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: FUTURE LAND USE ELEMENT Page 7 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" CRITERIA: A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage,solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points,parking,pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision- making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. Policy 1.9.2 In 2007 the City of Cape Canaveral prepared a Redevelopment Plan that addressed land use, development regulations, and incentives to promote redevelopment and support creation of a "town center" development. The City shall pursue implementation of the policies under"Land Use Controls" of the Redevelopment Plan. FUTURE LAND USE ELEMENT Page 8 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Objective LU-1.10: The City shall strive to coordinate with the Brevard County School Board with regard to the location of future public schools within the corporate boundaries of the City. Policy 1.10.1 Traditional types of public schools (high schools, junior high/middle schools, and elementary schools) shall be an allowable use in all Future Land Use categories except the M-1 Industrial and PUB Public/Recreation. The City shall be cautious and attempt to reduce an impact of school siting and its compatibility to other uses for the Future Land use category that may be impacted. Policy 1.10.2 High schools shall be required to be located on collector and arterial roads. Policy 1.10.3 The City of Cape Canaveral, in conjunction with the School District, shall seek opportunities to co-locate schools with public facilities, such as parks, libraries, and community centers,as the need for these facilities is identified. FUTURE LAND USE ELEMENT Page 9 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" City of Cape Canaveral Comprehensive Plan CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES and POLICIES Amendments adopted October 19, 2010 pursuant to the Evaluation and Appraisal Report CAPITAL IMPROVEMENTS ELEMENT Page 1 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" 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-1.1: 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. Policy CI-1.1.1: outleek. A Five-Year Schedule of Capital Improvements shall be prepared and adopted in the Comprehensive Plan. The Capital Improvements Element, including the 5-Year Schedule of Capital Improvements, shall be updated on an annual basis. The annual update is to be reflected by amendment to the Comprehensive Plan which must be adopted by December 1 of each year. Policy CI-1.1.2: 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 existing deficiencies and to provide for future growth by determining 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 Comprehensive Plan for sanitary sewer, 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. CAPITAL IMPROVEMENTS ELEMENT Page 2 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" *Open Space: one acre/1000 population B. SANITARY SEWER: 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 water within 3 hours of the event. D. SOLID WASTE: 8.52 lbs. per capita per day. E. TRAFFIC CIRCULATION: minimum level-of-service standard "E", with desired level-of-service standard "C"; plus 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. G. The uniform, district-wide level of service standard for permanent capacity, based on the Florida Inventory of School Houses (FISH) capacity,is as follows: TIERED LEVEL OF SERVICE BY SCHOOL YEAR Facility 2007-08 2008-09 2009-10 2010-11 2011-12 Type Elementary 127% 130% 115% 105% 100% Middle 122% 120% 100% 100% 100% Schools Jr. High 133% 135% 110% 105% 100% High 139% 130% 115% 100% 100% Note: See analysis of the Public School Facilities Element for detailed information on LOS Standards. 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. CAPITAL IMPROVEMENTS ELEMENT Page 3 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" POLICY CI-1.1.5: The City shall allocate costs of new public facilities according to benefits received by existing and future residents. Objective CI-1.2: 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. POLICY CI-1.2.1: Annually, the City shall prioritize traffic circulation improvements based upon its established level-of-service standards, and the City shall consider the following factors: the volume-to-capacity ratio of each City roadway; the roadways based upon the established level-of-service standard and the highest volume-to-capacity ratio shall be ranked highest for improvements. Transportation facilities are subject to concurrency in accordance with the City's Concurrency Management System. The City shall use professionally accepted techniques for measuring level-of-service for automobiles, bicycles,pedestrians, transit,and trucks. POLICY CI-1.2.2: Drainage improvements shall be identified and ranked based upon a drainage system condition. The drainage improvements will receive a ranking according to facility deficiencies measured by the applicable level-of-service standard. POLICY CI-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 pollutants; and the degree to which they protect the natural environment. The highest funding priority shall be given to projects addressing facility 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 facilities 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 prioritization are: facilities which will CAPITAL IMPROVEMENTS ELEMENT Page 4 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" 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 next highest ranking. POLICY CI-1.2.5: The City shall insure that the Annual Capital Improvements 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, or 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 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. 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 CI-1.3.2: 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. CAPITAL IMPROVEMENTS ELEMENT Page 5 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" Objective CI-1.4: 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. 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-1.4.3: The City shall consider whether other types of impact fees are necessary and appropriate (e.g., transportation or recreation impact fees). GOAL 2: The City shall support the Brevard County School Board in its efforts to provide a financially feasible public school facilities program. Objective CI-2.1: The City shall coordinate with the School Board in its efforts to address existing deficiencies and future needs consistent with the adopted level of service standards for public schools. POLICY CI-2.2.1 By December 1, 2008, 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 part of the School District Budget. The Five Year Work Program includes 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 CAPITAL IMPROVEMENTS ELEMENT Page 6 EAR based amendments adopted October 19,2010 Ord. No. 08-2010, Exhibit"A" five-year period. And by December 1 of each year thereafter, the City will adopt the annually updated School District Five Year Work Program as part of its Capital Improvements Element. POLICY CI-2.2.2 Proportionate Share-The City shall coordinate with the School Board as provided in the adopted interlocal agreement to ensure that future development pays a proportionate share of the costs of capital facility capacity needed to accommodate new development, and to assist in maintaining the adopted level of service standards via impact fees and other legally available and appropriate methods. CAPITAL IMPROVEMENTS ELEMENT Page 7 EAR based amendments adopted October 19,2010 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home " CHARLIE GRIST Governor THOMAS G.PELHAM Secretary December 14, 2010 The Honorable Rocky Randels, Mayor City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Dear Mayor Randels: The Department of Community Affairs (Department) has completed our review of the adopted City of Cape Canaveral Comprehensive Plan Amendment(DCA 10-1 ER), as adopted by Ordinance No. 08-2010 on October 19, 2010. Ordinance No. 08-2010 adopts the City's Comprehensive Amendment 10-1ER. We have determined that Ordinance No. 08-2010 meets the requirements of Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code, for compliance, as defined in Section 163.3184(1)(b), Florida Statutes. The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to the FLORIDA TODAY for publication on December 15, 2010. The Department's Notice of Intent to find a plan amendment in compliance shall become a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the Notice of Intent pursuant to Section 163.3184(9), Florida Statutes. No development orders or permits for a development dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires that, if the City of Cape Canaveral has an Internet site, the City must post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's Notice of Intent. Please note that a copy of the adopted City of Cape Canaveral's Comprehensive Plan Amendment 10-1 ER and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Clerk's office, City Hall, 105 Pollk Avenue, City of Cape Canaveral, FL 32920-0326. 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us ♦ COMMUNITY PLANNING 850-488-2356(p) 850-488-3309(f) • FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850-921-1747(f) • • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956(p) 850-922-5623(f) • The Honorable Rocky Randels, Mayor December 14, 2010 Page 2 If an affected person challenges this in compliance determination,you will have the option of mediation pursuant to Section 163.3189(3)(a), Florida Statutes. If you choose to try to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. No affected person's right to an administrative hearing will be affected by the choice of mediation. If you have any questions,please contact Jennie L. Copps, Community Planner, at (850) 922-1748 or by email to jennie.coppsa,dca.state.fl.us. Sincerely, Mike McDaniel, Chief Office of Comprehensive Planning MM/j Ic Enclosure: Notice of Intent cc: Mr. Barry Brown, Planning &Development Director, City of Cape Canaveral Phil Laurien, AICP, Executive Director, East Central Florida Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 10-1ER-NOI-0502-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Cape Canaveral, adopted by Ordinance No. 08-2010 on October 19,2010, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Cape Canaveral Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report(if any)are available for public inspection Monday through Friday,except for legal holidays, during normal business hours,at the City of Cape Canaveral, City Hall, City Clerk's office, 105 Polk Avenue, Cape Canaveral, Florida 32920-0326. Any affected person, as defined in Section 163.3184,F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendment to the City of Cape Canaveral Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti- tion must be filed within twenty-one(21)days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100,and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed,this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must in- clude all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57,F.S.,or to participate in the administrative hearing. After an administrative hearing petition is timely filed,mediation is available pursuant to Sub- section 163.3189(3)(a), F.S.,to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. ) M Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 View Legal Ad# 221403 Page 1 of 1 Print Window Close Window AD#221403,12/15/2010 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO.10-1ER-NOI-0502-(A){1) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Cape Canaveral, adopted by Ordinance No. 08-2010 on October 19, 2010, IN COMPLIANCE, pursuant to Sections 163.3184,163.3187 and 163.3189,F.S. The adopted City of Cape Canaveral Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report(if any)are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Cape Canaveral, City Hall, City Clerk's office, 105 Polk Avenue, Cape Canaveral,Florida 32920-0326. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin-istrative hearing to challenge the proposed agency determination that the Amendment to the City of Cape Canaveral Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti-tion must be filed within twenty one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must in-clude all of the information and contents described in Uniform Rule 28 106.205,F.A.C.A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399 3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -s-Mike McDaniel,Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 AD#: 221403 Publication: Florida Today First Published: 12-15-2010 http://legals.flatoday.net/db/display.htrn?CMD=DISPLAY&Id=61790 12/16/2010