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Agenda Packet 01-21-2014
CE „11111111111111111111,11"1' 111111111111111111 1'1:""""111111111111111; 1111 111111111111111111111111111111111111111111111111 1.1 11 111.111 " .111 i$Lh11111111111111111111111111111111 111111i"1 .11111111111111111111 11111111111111111111 loll 11111' 1.11 11111111111111111 " 1111111111111111111111........ 1.1.11.111.11.11111' 7;0.11111111 1 CITY OF CAPE CANAVERAL CA CAN NCIL VE E AGEN A Instructions NG This Meeting is open to the Public. if you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Reese proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PL!..;YISiii' IC1371 ") i),11itiS 11111.31I'' 1)17 C. „Sit 1.;"N CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 21, 2014 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS / INTERVIEWS: 6:15 p.m. — 6:20 p.m. Proclamation designating January 2014 as National Human Trafficking Awareness Month. CONSENT AGENDA: 6:20 p.m. — 6:25 p.m. 1. Approve Minutes for Regular City Council Meeting of December 17, 2013. 2. Resolution No. 2014-01; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Mark Buddenhagen) 3. Resolution No. 2014-02; pursuant to Section 2.06(b)(4) of the City Charter, excusing three (3) absences incurred by Mayor Randels from Regular City Council Meetings; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. 4. Approve Termination of Beach Access Easement between Cape Caribe, Inc. and the City of Cape Canaveral and authorize execution of same. 5. Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO), Citizens Advisory Committee (CAC). City of Cape Canaveral, Florida City Council Meeting January 21, 2014 Page 2 of 3 PUBLIC HEARING: 6:25 p.m. — 7:25 p.m. 6. Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent with the City's Water Supply Facilities Work Plan by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making additional conforming amendments to the Comprehensive Plan; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, second reading. 7. a. Ordinance No. 16-2013; related to the Ron Jon Cape Caribe Resort; specifically modifying Ordinance No. 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral to authorize a building consisting of dwelling units subject to the terms and conditions of the Cape Caribe Second Modification to the Binding Developer's Agreement approved by the City Council and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, second reading. b. Approve Second Modification to Binding Developer's Agreement between City of Cape Canaveral and Cape Caribe, Inc. and authorize execution of same. 8. Ordinance No. 17-2013; adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions; applicability; timing of fertilizer application; fertilizer free zone; low maintenance zone; fertilizer content and application rates; application practices; management of grass clippings and vegetative matter; exemptions; training; licensing requirements; enforcement and monitoring; and penalties; amending Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as a Class 1 code enforcement violation; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability and an effective date, second reading. 9. Ordinance No. 01-2014; amending Chapter 102, Vegetation, of the Code of Ordinances related to the City's Tree Bank and the Lists of Desirable and Undesirable Species; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. City of Cape Canaveral, Florida City Council Meeting January 21, 2014 Page 3 of 3 10. Ordinance No. 02-2014; amending Chapter 110, Zoning, related to variances and special exceptions; authorizing the city manager to extend variance and special exception approvals for a period of 12 months; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 11. Ordinance No. 03-2014; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014, of the City to finance the cost of a City Hall, Fire Station, Refurbishment of a Wastewater Treatment Plant and related Capital Improvements; providing for the Series 2014 Note to be secured by the City's Public Service Tax, Half Cent Sales Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict herewith; providing for a severability clause; providing an effective date, first reading. 12. Ordinance No. 04-2014; repealing Articles II and III of Chapter 90 of the Cape Canaveral Code of Ordinances relating to flood damage prevention and floodplain protection; adopting a new Article II of Chapter 90 entitled "Floodplain Management" amending Chapter 82, Buildings and Building Regulations to create a new Article VI entitled "Local Amendments to the Florida Building Code" adopting local amendments to the Florida Building Code to implement the National Flood Insurance Program; providing for the repeal of prior, inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. REPORTS: 7:25 p.m. — 7:40 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/21/2014 PRESENTATIONS / INTERVIEWS Subject: Proclamation designating January 2014 as National Human Trafficking Awareness Month. Department: Legislative Summary: On September 24, 2012, more than 250 concerned State community leaders and advocates attended the first Florida Children and Youth Cabinet Human Trafficking Summit to learn about trafficking in Florida, what the State is doing to prevent it and what people can do to help victims in their own communities. Another 300 individuals participated in the live online webcast of the event. Human trafficking is modern-day slavery through forced labor and commercial sexual exploitation. Statistics rank Florida as the third highest trafficking destination in the country, and half of all trafficking victims are children. Across America, almost 300,000 youth are at risk of becoming victims of commercial sexual exploitation. Many are being trafficked in our own communities. January 2014, Florida will again participate in National Human Trafficking Awareness Month by shining a light on human trafficking. Victims nationwide are suffering and enslaved in human trafficking with Florida continuing to account for some of the highest number of calls reported to the National Human Trafficking Hotline. Florida's leaders will gather together on January 22, 2014 in Palm Beach County to raise awareness and share information about human trafficking in Florida. The Governor's Office is seeking the support of all Florida Mayors to assist in communicating information related to Human Trafficking Awareness by reading proclamations in their communities. Submitting Council Member: Mayor Rocky Randels "IR,411} Date: 01/07/2014 Attachments: Proclamation, e-mail from the Governor's Office of Adoption and Child Protection, and List of Coalitions -Taskforces -Working Groups in Florida. Financial Impact: Staff time to prepare Proclamation and agenda item. Reviewed by Finance Director: John DeLeo - Date: The City Manager recommends that City Council take thOfollowing acdon : Read the City Proclamation designating January 2014 as National Human Trafficking Awareness Month. Approved by Ci y Manager: David L. Greene & 1.)4- Date: /1_7pq City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain 1111111111 s .4 1111111101,1 CM' OF CAPE CANAVERAL Official (flit ON (gape anaaentl,,;_rfcloriba IVHEREAS, human trafficking is a fomi of inodern day slavery and is a crime against humanity that violates the most basic human rights and deprives victims of their freedom: and WHEREAS, human trafficking occurs vhen a person is recruited, hzirbored, obtained. or exported through force, fraud, or coereiim for the purposes of sexual exploitation, .forced labor, involuntary servitude, debt bondage and other methods of slavery; and WHEREAS,human trafficking affects as many as 27 million people worldwide, 'including an estimated two million children who are trafficked for child labor and sexual exploitation: and IIIIEREAS, human IntrrlehCrti target men, women, and children, both I.LS, citizens and foreign nationals. isolating them fronl society and supportive networks, and exploiting them for personal and monetary eain: and WHEREAS, human traffickers view Florida as one of the most attractive destinations and transit points for their victims, and Florida accounts for the third-highest call volume to the National Human '9'ra:flicking Resource Center; and WHEREAS. Floridians are committed to panecting the vulnerable and ending human trafficking through continued prevention, prosecution, education and awareness; and WHEREAS, Floridians are committed to sending a strong message. to perpetrators that Florida is a zero tolerance state for all forms uni trafficking; and WHEREAS, Floridians are committed to protecting victimsrights, and restoring their dignity and freedom: and NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape C'anaveral. Brevard ('ounty, Fli.nida do hereby proclaim the month ofjanuary 20 1 4 as: 11/1114N TRAFFICKING AII:ARENESS MONTH ,§:;isrtico catcb Mia Goforth From: Rocky Randels Sent: Monday, January 06, 2014 7:47 PM To: Mia Goforth Subject: FW: Human Trafficking Awareness Month Attachments: Human Trafficking Month 2013- WORD version.docx; List of Coalitions -Taskforces - Working Groups in Florida- updated Dec 2013.doc Mia, may we as a city prepare a proclamation for this at next meeting; if acceptable? thanks, rocky Rocky Randels, Mayor City of Cape Canaveral, Florida Please note my new e-mail address is: r.randels@citvofcavecanaveral.org From: Jenny Anderson fmailto:JAnderson(aflcities.com] Sent: Thursday, January 02, 2014 12:11 PM To:'zackary.gibson@eog.myflorida.com' Subject: Human Trafficking Awareness Month Dear Mayors, Happy New Year! January 2014, Florida will again participate in National Human Trafficking Awareness Month by shining a light on human trafficking. We are asking you and your community to be a voice for the millions of Victims nationwide, who are suffering and enslaved in human trafficking, with Florida continuing to account for some of the highest number of calls reported to the national human trafficking hotline. Florida's leaders will gather together on January 22, 2014 in Palm Beach County to raise awareness and share information about human trafficking in our State. We would also like to announce that our esteemed Mayors across the State of Florida are standing with us by developing and reading proclamations in their communities throughout January. We would appreciate if you could send a scanned copy of your proclamation to Frenchie Yon at frenchie.von@eos.mvflorida.com so we can recognize your support. In addition, please let us know when your community will be holding a human trafficking awareness event by emailing web services@dcf.state.fl.us to have it added to our calendar of events that can be found at www.mvflflamilies.com. There are two attachments for your review and use: the Governor's 2013 Proclamation and a list of local coalitions/taskforces/working groups and contacts within your area that are working to end human trafficking and provide support to victims. Thank you in advance for your support during National Human Trafficking Awareness Month and standing with us by shining a Tight in your Florida community. Sincerely, Zackary Gibson Chief Child Advocate Director of Adoption and Child Protection 1 Executive Office of the Governor The Capitol 400 South Monroe Street, Suite 2002 Tallahassee, FL 32399 Office: (850) 717-9261 Fax: (850) 921-0173 zackary.Ribson@eog.myflorida.com Official Website: www.flgov.cornichild advocacy harlast livas .0 very brood vivublic records Ides d rttst ult.. ors/ tyt Oleo con Hid vituttion crvaited cm recovvicl Ist, the CilVy of Cape Catiovettal and cooployees tvl111 be vnade available to the publIc rvirld/or vedva doon letiltest. unlets. vAhmitylso Istodropt, a vivid I VIv V V KV V 'VON, C.: VILIV,' V V V ivvVdd WV:v.:7*v? VvvV Vvi: p Obi VVvvv. tecovds If you do lost vatoit your email address released on response to 0 pulvtlimitecta tit. request., ttv col sena clutilmvoic entail tc, this et arty. Instead, cont.:vet our office bhorte orto toddling 2 Human Trafficking Coalitions, Taskforces and Working Groups in Florida Statewide Human Trafficking Director Kim Grabert Florida Department of Children and Families Kimberly_Grabert@dcf.state.fl.us (W) 352-303-1366 Alachua County (Levy and Gilchrist Counties) Sherry Kitchens Sherry@childadvocacvicentereainesville.org 352-494-3839 Homeland Security Investigations Agent Micah Miller Micah.S.Miller@dhs.gov 904-386-3311 Brevard County Phebe Powell, Department of Children and Families, Phebe Powell@dcf.state.fl.us 321-634-3640. Broward County http://www.bhtc.us/ Adriane P. Reesey info@bhtc.us 954-703-9053 Miguel Figueroa Homeland Security Investigations Miguel.figueroa@dhs.gov 954-356-2155 office 786-412-9376 cell Sgt. Mike Tucker Ft. Lauderdale PD MichaelT@fortlauderdale.eov 954-815-3066 Clearwater/Tampa Bay: http://www.catfht.org/ Sergeant Steven Sears (727) 562-4435 Phone Email: steven.sears@myclearwater.com Det. James McBride James.mcbride@mvclearwater.com 727-224-1789 cell 727-562-4916 desk World Relief Ida Lopez 727-376-7733 Lee/Collier County Agent James Roncinske Federal Bureau of Investigation James.Roncinske@ic.fbi.eov Alex Olivares Catholic Charities aolivares@ccslee.org Marisol Schloendorn, Victim Advocate 239-793-9176 Office 239-793-9124 Fax Marisol.Schloendorn@colliersheriff.org Jacksonville: Homeland Security Investigations Agent Micah Miller Micah.S.Miller@dhs.eov 904-386-3311 Michelle Thorne FBI Victim/Witness Specialists 904-424-6115 Hernando, Citrus and Sumter Counties: Special Agent Edie Neal FDLE edithneal@fdle.state.fl.us 352-279-1822 Manatee, Desoto, Sarasota Counties: World Relief Ida Lopez 727-376-7733 Manatee County Sheriff's Office Det. Theron Robinson Theron.robinson@manateesheriff.com 941-787-3011 ext. 1905 Lake County Lt. Todd English Lake County Sheriff's Office 352-343-9529 todd.english@lcso.org Kimberly Grabert Department of Children and Families 352-303-1366 Marion County Donna Guinn Ocala PD DGUINN@ocalapd.org Sgt. Jerry Bevan Marion County Sheriff's Office ibevan@marionso.com Inspector Michael Mongeluzzo, Marion County Sheriff's Office (352) 368-3508 mmoneeluzzo@marionso.com Miami -Dade County Mariano Aponte Department of Homeland Security Mariano.Aponte@dhs.gov Lt. Israel McKee Miami -Dade Police Department Organized Crime Section (305) 471-2752 office immckee@mdpd.com Det. Tony Aquino Homestead Police Department Investigative Services Division (305) 224-5305 office AAquino@homesteadnolice.com Orlando/Kissimmee Greater Orlando Human Trafficking Coalition Tomas Lares tomas.lares@gohttf.org Sgt. Patrick Guckian Metropolitan Bureau of Investigation (MBI) Patrick.guckian@citvoforlando.net Palm Beach County Det. Dale Fox Palm Beach County Sheriff's Office 561-688-3975 FoxD@pbso.org Sgt. Haas Palm Beach County Sheriff's Office 561-688-4162 HaasK@obso.org Sgt. Patrick Bolton Palm Beach County Sheriff's Office 561-688-4139 boltonp@pbso.org Regina Bernadin International Rescue Committee Regina.Bernadin@rescue.org 305-640- 9881 Ext. 16 Diann Jasinski LCSW 561-775-9567 Associate Director Catholic Charities Diocese of Palm Beach djasinski@catholiccharitiesdpb.org Toll free numbers for victim's to call in Palm Beach County 877-707-4012 (daytime) or 877-770-2901 (night). Polk, Highlands, Hardee Counties Polk County Rescue and Restore Coalition polkrrc@gmail.com Co -Chairs: Julia Hermelbracht (863) 578-1735 Giselle Rodriguez (727) 442-3064 Detective Eric Daniel Intelligence Unit Polk County Sheriff's Office www.polksheriff.org id5185@polksheriff.org (863) 298-6200 Panhandle/Pensacola Area Inspector George Collins Okaloosa County Sheriff's Office 850-259-8013 gcollins@sheriff-okaloosa.org KlaasKids Brad Dennis Search4missing@vahoo.com Chad W Berry Resident Agent in Charge Homeland Security Investigations Pensacola, Florida 850-432-3140 ext. 1235 -office Panama City Courtney Peel DCF Cournev Peel@dcf.state.fl.us Agent Scott Springer Homeland Security Investigations Scott.Springer@dhs.gov St. John's, Flagler, Volusia, Putnam Counties Michelle Thorne FBI Victim/Witness Specialists 904-424-6115 Homeland Security Investigations Agent Micah Miller Micah.S.Miller@dhs.eov 904-386-3311 Tallahassee Area Ralph Bradley Homeland Security Investigations Ralph.T.Bradlev@ice.dhs.eov 850-519-2846 Terry Coonan FSU Center for the Advancement of Human Rights tcoonan@admin.fsu.edu Treasure Coast Human Trafficking Task Force (Martin, Okeechobee, St. Lucie, Indian River, Counties) Michelle Akins Michelle Akins@doh.state.fl.us Van Lindsey Homeland Security Investigations va n.lindseviiP DHS.gov 772-461-1293 Updated December, 2013 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2013 6:00 PM MINUTES CALL TO ORDER: Mayor Pro Tem Petsos, serving as the Chair, called the Meeting to Order at 6:00 RM. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Council Member Council Member Absent: Mayor Others Present: John Bond Bob Hoog Buzz Petsos Betty Walsh Rocky Randers City Manager City Attorney Administrative Services Director Finance Director Community & Economic Development Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Assistant Chief PUBLIC PARTICIPATION: None PRESENTATIbNS / INTERVIEWS: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Gustavo Vergara Jeff Ratliff Lonnie Dunn Paul Ring John Cunningham Interview Applicants for appointment to the Planning and Zoning Board: Attorney Garganese asked Mr. Kittleson and Mr. Buddenhagen if all the information in their application is true and correct, to which each responded in the affirmative. Mr. Kittleson and Mr. Buddenhagen explained their desire to serve. Council Members asked questions City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 2 of 6 or made comments, to which each responded. Consensus was reached to follow the P&Z Board's recommendation to appoint Mr. Buddenhagen to the Board. Discussion ensued with Mr. Kittleson as to his availability to serve on the Board of Adjustment, to which Mr. Kittleson agreed. CONSENT AGENDA: Mayor Pro Tem Petsos inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting.of November 19, 2013: 2. Resolution No. 2013-26; relating to its continuina,.Aareement;-,for legal services; providing for repeal of prior inconsistent resolutions;'Lprovidina for :severability; and providing for an effective date: A motion was made by Council Member Walsh, seconded by Couhcil Member Bond, to accept the two items on the ConsentAgeilda as presented. The motion carried 4-0 with voting as follows: Council Member°, Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, .For; Mayor RarZdels, Absent; and Council Member Walsh, For. - PUBLIC HEARINGS: 3. Ordinance No, -16-201'3; related to the Ron Jon Cape Caribe Resort: specifically modifying Ordinance:.NNo. 03-2008 to amendthe restrictions of the rezoning imposed therein on certain real ,Dropertyjtotalina 1.2 acres. more or less. generally located along the north side of Shorewood D:rive-.at.:the.,southwest corner of Jetty Park in Cape Canaveral td authorize a building consisting of dwelling units subiect to the terms and conditions of the' Cape Caribe Second Modification to the Binding Developer's Agreement approved 1:q the CitV-COuncil and Cape Caribe, Inc. in coniunction with this Ordinance; providing forthe repeal of prior inconsistent ordinances and resolutions: severability: ' and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and explained modifications made to the Ordinance, which now requires another first reading. He further explained the applicant's request and the upcoming changes to the Binding Developer's Agreement. Council Member Hoog recused himself due to a conflict of interest. City Manager Greene advocated for approval of the item. The item was discussed and questions were answered by the applicant. The Public Hearing was opened. Dr. Shannon Roberts inquired if community members were briefed on this change and whether the oceanfront building was being changed, to which Mr. Ken Ward responded no briefings were held nor are there any proposed changes to the oceanfront building. A motion was made by Council Member Bond, seconded by Council Member Walsh, that we pass Ordinance No. 16-2013 as written. The motion carried 4-0 with voting as follows: Council Member City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 3 of 6 Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 4. Ordinance No. 17-2013: adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions: applicability; timing of fertilizer application; fertilizer free zone; low maintenance zone: fertilizer content and application rates: application practices; .management of grass clippings and vegetative matter; exemptions: training; d?I' ensina requirements; enforcement and monitoring; and penalties; amending Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as ,a Gass 1 code enforcement violation: providing for the repeal of prior inconsistelit ordineices and resolutions: incorporation into the code; severability and an effective:date, fi%st.:readinq: Attorney Garganese read the Ordinance title into the record and explained to need to adopt a Model Ordinance. City Manager Greene .explained, the addition‘ 10 the Model Ordinance and the City's long term commitment to `:the environment Eby making modifications/improvements to the Stormwater and Wastewater system': Discussion included changes to the Indian River Lagoon over -'the *past years. The Public Hearing was opened. Erica Santella, Technical Manager for True:.Green, advocated for passage of the Model Ordinance with no modifications; explained'.: requirements of the Florida Department of Environmental Protection (FD_EP) for Best explained, Practices (BMP) certification, indicated the fertilizer industry uiid�erstands the problems and fertilizer is the second largest expense; therefore,',, the .com an; does not desire to waste the materials. A brief discussion about non -point pollution° ensued. Dr. Shannon Roberts applauded Staff for taking the leading edge position with the Ordinance and thanked the Council for their stewardship ofthe environment. Judy Morris expressed her feelings for the need to have a healthy environment, that :BPM's have been in effect for 10 years with a continued decline and quoted items from scientific studies of leaching effects; how algae.. gravitate: to the sources of increased nitrogen; the positive effects of requiring slow release nitrogen and the absence of septic tanks within Cape Canaveral. Bill Morris' advocated for the increased restrictions to the Model Ordinance because one ordinance does not fit all parts of the State and needs to be tailored to our specific environment; ,enforcement should be easy for property west of Al A because most properties liar commercial service providers and encouraged a 15 foot buffer zone from the water`s edge. Steve Lum, President of Slug -A -Bug Pest Control Service in Melbourne and Arector of the Florida Pest Management Association for Brevard, Volusia and Flaglet, Counties, spoke against the additions to the Model Ordinance because they are not supported by science and the effects of the additional restrictions. City Manager Greene addressed comments made by Mr. Lum, explained enforcement process; that the City is not exempt from the Ordinance and the proposed public/Staff education process. Douglas Sphar encouraged the passage of the robust Ordinance as it breaks down the problems to manageable pieces and if future scientific data shows fertilizer is not a problem, the Ordinance can be repealed. Linda Behret, local Sierra Club representative, thanked Staff for advocating the additional restrictions, applauded the additional steps the City has/is/planning to take to manage stormwater/wastewater, City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 4 of 6 noted the stronger ordinance is allowed if a waterway is impaired and educational material can be found on the web at "BeFloridian.org". Bethany Thompson explained her family has resided in Brevard County for over six generations, advocated for research into all sciences to understand why the Lagoon is struggling, that turf grass takes up fertilizer in the rainy season/summer months, healthy turf grass prevents erosion and advocated for the enforcement against homeowners as well as professionals. Luke Williams provided his history with True Green Lawn Service, asked for clarification on the June through December for ban on. fertilizers containing phosphorous and nitrogen; his finding that homeowners feel thesiNVill put whatever they desire on their lawns, and the need for testing as a part of e f orcement. City Manager Greene spoke of the need for the State to step up to-'th'e plate and have a model ordinance that will truly address the issues. Lamar Russell a pressed his feelings that the homeowner will be punished for any inappropriate 'aptivitiespf as lawn service, to which Mr. Greene indicated the citation will be issued to the *ton applying the fertilizer. Council Comment included the need for a comprehensive approachto solving the problems with the Indian River Lagoon, which require more than1W regulating fertilization; the need to recognize the additional::steps taken by the City; other cities passed Ordinances which are more restrictive than: the Model Ordinance and are considering adding more restrictions; the need to support the Ordinance as written; the Lagoon needs help; the need to eliminate stormwater outfall into the river; the need for education and the success seen by the;west;coast of Florida by'limiting the application of fertilizers. The Public Hearing was closed -:A, motion= was made by Council Member Hoog, seconded by Council MerO er``Walsh, for approval of Ordinance No. 17-2013. The motioncarried 4-0 with voting; ;as follows: Council Member Bond, For; Council` Member Hoog, For;.; Mayor Pro Tem Petsos, For; Mayor Randels, Absent;and Council Member Walsh, For. �t 5. Ordinance No. 01-2014: amending_ .C-hapter 102, Vegetation, of the Code of Ordinances related to the Citv's Tree Bank and the Lists of Desirable and Undesirable Species;':. providind• for the repeal of prior inconsistent ordinances and resolutions; incorporation into the'Code: severability: and an effective date, first reading: Attorney Garga iese , read the Ordinance title into the record and explained requirements of same. City Manager Greene explained what will be done with the funds and how the Ordinance Carrie. to be drafted. Council Members thanked Mr. Ray Osborne for bringing this item forward.. :Discussion included that there is no replacement requirement when evasive species are removed, the inclusion of queen palms and Chinese fan palms as evasive exotic plants, the need to clarify the lists and report back to the Council, that a red maple will not grow in our climate, yet it is on the list. The Public Hearing was opened. No comments were made and the Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Hoog, to approve Ordinance No. 01-2014 as written. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 5 of 6 6. Ordinance No. 02-2014: amending Chapter 110. Zoning. related to variances and special exceptions: authorizing the city manager to extend variance and special exception approvals for a period of 12 months; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severabilitv; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and explained same. The Public Hearing was opened. Lila Gilbert asked for further explanation of the Ordinance's purpose. Attorney Garganese and City Manager Greene responded. The Public Hearing was closed. Council Member comments included support for streamlining processes and saving taxpayer. dollars. A motion was made by Council Member Walsh, seconded by Council Member Hoog, to adopt Ordinance No. 02-2014. The motion carried, 40. with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For:. ITEMS FOR ACTION: 7. Appointment of Voting Delegate/Director \arid. an 4lternate to the)Space Coast League of Cities: Mayor Pro Tem Petsos noted Council Member Hoog is the existing voting delegate and Council Member Walsh is a Board Member. Council Member Hoog agreed to continue to serve as the voting delegate. Council:; Member Bond agreed to be the alternate voting delegate. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for Council Member Hoog to serve as the Voting Delegate/Director and Council Member Bond to serve as the Alternate. The motion carried 4-0 wjth voting as follows: Council Member Bond, For; Council Member Hoog, Fors`:Mayor:Pro Tem Petsos, For; Mayor Randels, Absent; and Council Membe0/114lsh, 8. Consider Application T rfor Satisfaction or Release of $40,750.00 Code Enforcement.. Lien,_ Case 'NO.. 2012_00005. 201 International Dr.. Unit #214: City Manager Greene explained Staffs recommendation for a reduction to $10,000. Morgan Bates, representing Fannie Mae, explained why her client felt the Lien should be eliminated: Discussion ensued and included the difference between the lien amount and property value; that, the violations were interior and did not impact adjoining properties; whether the City should consider placing a cap on lien amounts to ensure they do not exceed the property value; when the bank has the right to enter a property and when a writ of entry is needed. Mr. Lamar Russell spoke against the proposed reduction and noted :many times neighbors have to endure dilapidated properties or take it upon themselves to keep up the property by mowing the grass, painting or other types of work. A motion was made by Council Member Walsh, seconded by Council Member Bond, to reduce the lien to $10,000. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Council Member Walsh, For. 9. Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO) Governing Board. representing the North Beaches Coalition of City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2013 Page 6 of 6 Cape Canaveral and Cocoa Beach: and appoint Voting Delegate to the Technical Advisory Committee (TAC): Discussion ensued and included: the sharing of a voting delegate between the City of Cape Canaveral and the City of Cocoa Beach, Mayor Randels' prior service on the Board, Mayor Pro Tem Petsos' willingness to serve, the need to have representation at the meetings, Mayor Randels' current inability to attend meetings due to an injury and whether the delegate could be changed at a later date. A motion was made by Council Member Bond, seconded by Council Member Walsh, that Mayor Pro Tem Petsos be chosen as the Voting Delegate. Discussion continued. A Consensus was reached that Mayor Pro Te,M- etsos would serve until Mayor Randels is able to attend the meetings. The.'motion carried 4-0 with voting as follows: Council Member Bond, For; Council, -Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and Counciillilember Walsh, For. REPORTS: Council Members wished everyone a .Merry Christmas, Happy . 'Hanukah, Happy/Safe/Prosperous New Year and safe travels. Several expressed sadness at the loss of loved ones and expressed optimism for a great 2014. City Attorney Garganese wished all a.Merry Christmas, Happy New Year and expressed his appreciation for the passage:of Resolution No; 2013-26. City Manager Greene expressed appreciation on behalf: of the City Employees to the Council for the Holiday Lunch and the great consideration to employees needs for Improvements that were made to the benefi program. Mayor Pro Tem Petsos indicated Staff is doing a fantastic job, which was followed by a round of applause. ADJOURNMENT: . There being no further business, the Meeting adjourned at 8:38 P.M. Angela M. Apperson, MMC, Administrative Services Director Buzz Petsos, Mayor Pro Tem FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHOR , OR COMMITTEE � �,t� � t/�41✓L7�AL �wwC1 �. o 6--eodicer MAILING ADDRESS A�1 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON Zia ✓ArE ase)x3 Av'. ��WppHIIC�CH I SERVE IS A UNIT OF: CITY/�A•��,�,�r+' COUNTY 13 TY 0 COUNTY QOTHERLOCAL AGENCY +( �' a >lIf�A NAME OF POLITICAL S DIVISION: DATE ON WHICH VOTE OC RRED � vt Q IZe- / .y MY POSITION IS: ` // firE<TIVE Q APPOINTIVE WHO MUST FILE FORM 8B This'fbrm is for use by any person'serving et'the•county, city, or other local level of govemment on an appointed or elected' board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by% which ,he or 01E14 retained); to the special. private.gain e,sJoss of a relative; or to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies under Sec`163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre; one=vote basis are notprohibited.from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother -In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form,mi,istixtread publicly afthe next tneeting, aftpr` the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and'file itwithin 15 days•after the vote occurs with then persoI responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. • DISCLOSURE OF LOCAL OFFICER'S INTEREST E • H00 e , hereby disclose that on pifiW 2 ,/-77%. 20 l� (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: r d M✓ocve..et I:O Coves .J A cif Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/21/2014 Item No. 2 Subject: Resolution No. 2014-01; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Mark Buddenhagen) Department: Community and Economic Development Summary: The City Council interviewed Planning and Zoning Board Applicants Mark Buddenhagen and Craig Kittleson at the December 17, 2013 Regular City Council Meeting. After having chosen Mr. Buddenhagen to serve as the new Board Member, it is now incumbent upon the Council to adopt Resolution No. 2014-01 appointing him to the Board. Mr. Buddenhagen will serve until September 15, 2014, completing the term of former Board Member Donald Dunn. Submitting Department Director: Todd Morley 111\i/AA Date: 01-02-2014 Attachments: Resolution No. 2014-01. Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo Date: The City City Manager recommends that City Council ti4e the following ctidn: Adopt Resolution No. 2014-01. Approved by City Manager: David L. Greene ,c) Date: 1,6 /1-1 City Council Action: [ 1 Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2014-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-3 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to Planning and Zoning Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to the Cape Canaveral Board indicated below: Mark A. Buddenhaaen shall be appointed to the Planning and Zoning Board, to serve until September 15, 2014. Following completion of their initial term, the appointee shall be eligible for reappointment to the Planning and Zoning Board for an additional term consistent with the limitations set forth in section 2-171(0, City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Adoption page follows) City of Cape Canaveral Resolution No. 2014-01 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of January, 2014. ATTEST: Angela Apperson, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2014-01 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/21/2014 Item No. 3 Subject: Resolution No. 2014-02; pursuant to Section 2.06(b)(4) of the City Charter, excusing three (3) absences incurred by Mayor Randels from Regular City Council Meetings; providing for the repeal of prior inconsistent resolutions,: severability; and an effective date. Department: Legislative Summary: Section 2.06 of the City Charter, attachment 1, provides members of the City Council shall forfeit their office if the Council Member fails to attend three (3) consecutive regular meetings or more than 30 percent of all meetings of the City Council held annually, without being excused by Resolution of the City Council. Mayor Randels provided advanced notice of his absence from the May 21, 2013 Regular City Council meeting to represent the City at the 2013 Florida Green, Energy & Climate Conference — 100 Cities Summit. Mayor Randels also provided advanced notice he would be unable to attend the December 17, 2013 and January 21, 2014 meetings due to a medical issue. Resolution No. 2014-02 is presented to excuse the absences of Mayor Randels. Submitting Department Director: Angela Apperson 'jt\ Attachments: 1) Section 2.06 of the City Charter. 2) Resolution No. 2014-02. Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council ake the following action: Adopt Resolution No. 2014-02. Date: 01-14-2014 /1 Date: -/ ' Approved by City Manager: David L. Greene 1)-1-' Date: //ef City Council Action: [ ] Approved as Recommended [] Disapp oved [ ] Approved with Modifications ] Tabled to Time Certain Municode Page 1 of 1 Attachment 1 Sec. 2.06 Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of office. A council member shall forfeit that office if the council member: (1) Fails to meet the residency requirements or fails to possess the qualifications of registered voters, (2) Violates any express prohibition of this Charter, (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three consecutive regular meetings of the city council or more than 30 percent of all meetings of the city council held annually, without being excused by resolution duly adopted by the city council. (c) Filling of vacancies. Upon occurrence of a vacancy on the city council, the city council, by a majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until the vacancy is filled at the next general election. Said appointment shall occur within 90 days of the vacancy. At the next general election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any councilmember so elected shall take office immediately upon election at the next scheduled city council meeting. Notwithstanding the requirements in section 2.11(c), if at any time the membership of the city council is reduced to less than four, the remaining members may, by majority action, appoint additional members to raise the membership to five. (Ord. No. 11-2011, § 1, 10-18-11; approved at referendum, 1-31-12) http://library.municode.com/print.aspx?h=&clientID=12642&HTMRequest=http%3a%2f... 1/13/2014 Attachment 2 RESOLUTION NO. 2014-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PURSUANT TO SECTION 2.06(b)(4) OF THE CITY CHARTER, EXCUSING THREE (3) ABSENCES INCURRED BY MAYOR RANDELS FROM REGULAR CITY COUNCIL MEETINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2.07 of the City Charter, the City Council is the judge of the qualifications of its members and of the grounds for forfeiture of their office; and WHEREAS, Section 2.06(b)(4) of the City Charter provides that members of City Council shall forfeit their office if the Council member fails to attend three (3) consecutive regular meetings of the City Council or more than 30 percent of all meetings of the City Council held annually, without being excused by resolution duly adopted by the City Council; and WHEREAS, following advance notice to the City Manager, Mayor Rocky Randels was absent from the May 21, 2013 regular City Council meeting when he was out of town on City business, and was absent from the December 17, 2013 regular City Council meeting due to a medical issue; and WHEREAS, Mayor Randels has advised the City Manager that his medical issue will also cause him to be absent from the January 21, 2014 regular City Council meeting; and WHEREAS, the City Council finds that Mayor Randels provided advance notice of the aforesaid absences and believes that the circumstances causing the absences justify the City Council declaring those absences to be excused pursuant to Section 2.06(b)(4) of the City Charter; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Excused Absences. The City Council of the City of Cape Canaveral, pursuant to Section 2.06(b)(4) of the City Charter, hereby excuses Mayor Randels' absences from the regular City of Cape Canaveral Resolution No. 2014-02 Page 1 of 2 meetings of the City Council which occurred on May 21, 2013, December 17, 2013, and January 21, 2014. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 21st day of January, 2014. ATTEST: ANGELA APPERSON, MMC City Clerk Buzz Petsos, Mayor Pro Tem For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2014-02 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. Subject: Approve Termination of Beach Access Easement between Cape Caribe, Inc. and the City of Cape Canaveral and authorize execution of same. Department: Community and Economic Development Summary: On June 27, 2001, the Planning and Zoning Board recommended approval of the Cape Caribe Site Plan with the condition that a general public beach access be provided within the Development, see attachment 1. On July 25, 2001, the Planning and Zoning Board recommended approval of a 5 -ft. public beach access Easement which was to be installed and maintained by Towne Realty, see attachment 2. On September 18, 2001, City Council approved Resolution No. 2001-32, accepting the Easement with the condition that the City would be responsible for its maintenance. Attachment 3 are the minutes from that meeting, attachment 4 is Resolution No. 2001- 32 and attachment 5 is an aerial picture depicting the easement. During the ensuing years, the City has determined that maintenance of the boardwalk, elevated crossover structure and keeping the vegetation away from the Easement is time consuming/costly and the boardwalk and elevated crossover structure are rarely used. Accordingly, the Public Works Services Director requested the Community and Economic Development Department investigate relinquishing the Easement to the Owner, thereby relieving the City from further maintenance requirements. After discussion and agreement with the Owner, the City has prepared the attached Termination of Beach Access Easement, see attachment 6, which will relieve both parties of further obligation and responsibility. During the preparation of the documents it was discovered that the boardwalk and elevated crossover structure were not built within the easement. This discovery provides further reason to terminate the Easement. Upon termination, Cape Caribe plans to close access to this area. Submitting Director: Todd Morley -17e6/00„ Date: 01/10/14 Attachments: 1) June 27, 2001 Planning and Zoning Board minutes; 2) July 25, 2001 Planning and Zoning Board minutes; 3) September 18, 2001 City Council minutes; 4) Resolution No. 2001-32; 5) Cape Caribe Easement Aerial; 6) Termination of Beach Access Easement, Financial Impact: Cost to prepare/record the Easement; however, the City is relieved of the costs for maintenance of the boardwalk and elevated structure as well as the cost of insurance and liability for same. Reviewed by Financial Services Director: John DeLeo Date: City Counci Item No. Page 2 of 2 ing Date: 1/21/2014 The City Manager recommends that City Council take the following actions: Approve Termination of Beach Access Easement and authorize execution of same. Approved by City Manager: David L. Greene 01)-1, Date: City Council Action: [ ] Approved as Recommended [ ] Disapp [ ] Approved with Modifications [ ] Tabled to Time Certain oved City of Cape Canaveral Planning & Zoning Board June 27, 2001 Meeting Minutes Attachment 1 A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 27, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Richard Trevertcn Bennett Boucher Morris Reid Todd Peetz Karl Bohne Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson Council Member City Manager Building Official City Planner Acting City Attorney Board Secretary 1. Approval of Meeting Minutes: June 13. 2001. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of June 13, 2001 as amended. Vote on the motion carried unanimously. Motion by Ms. Shea -King, seconded by Mr. Russe'1 to remove the Cape Caribe site plan from the table. Vote cn the motion carriezi unanimously. 2. Motion Re: Site Plan for Cape Caribe - Hotels and Timeshare Condominiums. Parcels'. . 6, 7.8. 11. 15 & 47. Section 14. Township 24 South. Range 37 East - James Borns. Representative for Towne Realty. Inc.. Property Own er. Mr. Morris Reid, Building Officia: advised that the applicant had resubmitted site plan sheets which addressed the setback problems with the parking garage, swimming pool & deck. Correctons were made tc meet the setback requirements. Screening between C-1 and R-3 zoning dis7icts was now provided. Towne Realty has granted a pedway cr. the east side of Shorewood Drive. Mr. Reid pointed out that the proposal by Towne Realty, contained in the Board packet, to utilize Villages of Seaport for pubic beach access was not part of this site plan for the Cape Carte project. Planning & Zoning Board Meeting Minutes June 27, 2001 Page 2 Mr. Todd Peetz, City Planner, advised that the Comprehensive Plan, Coastal Management Element, Section 9.3, includes Florida Statutes (F.S.) 163.3178 (2)(g), which provides that each coastal city is required to have a coastal management element. This requirement must include public beach access. He noted that the beach is renourished at the publics expense per this code requirement. Additionally, the Land Development Code states that R-3 zoning shall have beach crossovers. The Comprehensive Plan takes precedence over the Land Development Code per F.S. 163.3194. He explained that once the Comprehensive Plan was adopted, the land development regulations must be consistent with that Plan. He noted that the Comprehensive Plan was adopted January, 1999 and believed that Section 9.3 was included in the Comprehensive Plan that had been adopted in 1991. He pointed out that Policy 9.2 encourages public beach access at the time of development along the beach. Mr. Peetz explained that the words "shall enforce" means that the City shall enforce public beach access, and the definition of "public beach access" means to make access available to anyone who wishes to use the beach. Mr. James Borris, Representative for Towne Realty, advised that 4,000 residents would be living in the new developments who would have beach access. He had discussed with the City, public pedestrian access points with the cooperation of Villages of Seaport. One possibility for public beach access was at the end of Shorewood Drive. He depicted the proposed pedestrian pedway from a city map. Mr. Borris agreed to provide a public pedway through his developments. He reiterated that everyone from his property has access to the beach. He explained that the general public would need to go to the south side of Jetty Park or Harbor Heights to get to the beach. Chairperson McNeely pointed out that the only site plan being considered by the Board is Cape Caribe and at this time, there was no public beach access provided on the site plan. Mr. John Allen, project engineer, advised that there were five beach access points within the Solana developments for their residents. There would be no parking available if open to the public for access. The public would need to walk at least one mile to get to and from the beach. He voiced his opinion that the City had a vast number of beach accesses for the public and that they were meeting the requirements of the Comprehensive Plan by providing beach accesses for at least 4,000 people within their developments. Mr. Borris noted that beach access for Solana Shores and Solana Lakes serves both communities. Discussion followed regarding existing public beach accesses. Mr. Nicholas commented that nothing had been submitted from the last meeting that met the city's requirement for beach access. He commented that there would be 216 timeshare units sold in weekly increments and therefore, 11,234 people would be changing each week. Mr. Borns commented that if the beach access was open to the public, it would change the landscape of what they were trying to sell. Mr. Nicholas advised that the Board voiced their concern at the previous meeting, two weeks ago, about public beach access to meet the requirements of the Comprehensive Plan and nothing has been resolved. Vice Chairperson Russell commented that the Comprehensive Plan is a legal document that needs to be complied with. An ensuing discussion continued. Planning & Zoning Board Meeting Minutes June 27, 2001 r Page 3 r r Mr. Nicholas commented that previously, the Board had discussed with this developer to set aside area as a park. Mr. Barris responded that a public park was not feasible within his developments however, he had made a commitment to the City Council to assist with the park along the Banana River. Richard Treverton, Councilman, advised that he had submitted a proposal to expand public beach accesses. His proposal included the south side of Shorewood to have public beach access and parking, expand beach access in Harbor Heights, a nature path from Ocean Oaks through Ocean Woods, City should acquire property for parking across the street from Royal Mansions through Canaveral Sands. He commented that perhaps this developer could assist the city elsewhere to acquired property for public beach access. He advised that he has not received any offers, co -offers, comments or questions regarding his proposal. Mr. Tom Downs, developer of Villages of Seaport; and Ms. Mel Sawyer, President of two Associations of Villages of Seaport, advised that there was information provided to them regarding the pedway but there had been no meeting of the minds or agreements made. He advised that an alternative was possible between Shorewood and Villages of Seaport to meet the requirements. The pedway issue is still an unknown. They needed guidance as to where the dune line is defined. The biggest concern is to have a pedway in front of the town homes where the general public could look in the residents windows. This proposed pedway would start at the southern boundary of Seaport Blvd. and extend to the north boundary of Harbor Heights. He noted that there is an existing gazebo owned by a private residence that is located east of where the proposed pedway would be located. Discussion continued regarding public beach access. Mr. Karl Bohne advised the Board members that granting a site plan ensures that the development complies with the comprehensive plan. Approval of this site plan would be in violation of the requirements of the adopted Comprehensive Plan. Mr. Bohne cautioned that the Board could not place a condition on this site plan for the developer to provide beach access on any other development. He advised that there were options. He explained that the city could take the property by dominant domain to provide the public beach access, the developer could take the city to court which would delay the project, or the developer could find a way to provide the public beach access. Mr. Borns reiterated that he was agreeing to provide a public pedway throughout the property and would provide private beach access for the residence of the development. r r Planning & Zoning Board Meeting Minutes June 27, 2001 Page 4 Vice Chairperson Russell pointed out four options for consideration: Option #1 - table and wait for an agreement from all the parties; Option #2 - deny the site plan under the logic that it does not meet the requirements of the comprehensive plan; Option #3 - approve the site plan; and Option #4 - approve the site plan with the condition that general public beach access shall be provided within the Cape Caribe development. He noted that Option #4 would give the developer 90 days to comply with the condition or the approval would expire. Discussion followed regarding these options. Mr. Borns advised that public beach access could not interfere with the pool area or parking. To locate that access on the south side would be impossible. He asked the Board to give them flexibility to comply with the comprehensive plan. After an ensuing discussion, Mr. Borris advised that the beach access on Jetty Park was approximately 500 ft. from the Cape Caribe property. Discussion continued. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the site plan for Cape Caribe with the condition that general public beach access shall be provided within the Cape Caribe development. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:23 P.M. Approved on this a?5±S day of ( `" Beatrice McNeely, Chairperson Susan L. Chapman, Sed-etary , 2001. Planning & Zoning Board Meeting Minutes July 25, 2001 Page 3 Attachment 2 Mr. James Borris, developer of Cape Caribe, voiced his concerns regarding aesthetics and how it would negatively effect the main entrance road to his project. Mr. Donald Haynes, citizen, advised that he owned a 12 acre parcel directly to the South East of this property. He testified that his property was zoned C-1 however, he would be requesting a special exception for residential use in the near future. He voiced his concerns regarding the potential detrimental impact this request would have on how he wanted to develop his property. He noted that the city's adopted comprehensive plan projected less intensive uses (i.e. residential). He questioned if this request was considered high or low industrial use; if the 60 ft. drainage easement owned by the city would be effected by this operation; and if the conveyor was fully enclosed or just the portion that crossed over George King Boulevard. An ensuing discussion followed regarding the Board members concerns regarding blighting effects, comments and/or concerns from other regulatory agencies, and notification and input from neighboring property owners. Mr. Fredrickson made a motion to table this request until additional information was provided from the applicant. Mr. Pugh advised that his client was ready to move forward and submit the site plan. Brief discussion followed. Motion died for lack of a second. Motion by Chairperson McNeely, seconded by Mr. Nicholas to recommend disapproval of Request No. 01-02 with the following Findings of Facts: 1) Applicant needs to provide additional information from other agencies involved. 2) Adjacent property owners need to be notified of the request. 3) The proposed use will create a potential adverse impact (i.e. blighted effect) to adjacent properties. Vote on the motion carried unanimously. Chairperson McNeely called for a 5 minute break at 8:50 p.m. Recommendation Re: Cape Caribe - Dedication of Five Foot Public Easement - John Allen. Applicant. The Board members reviewed the revised site plan depicting the proposed placement of the 5 ft. easement. Ms. Joyce Gumpher, Allen Engineering, advised that the Site Plan for Cape Caribe was revised as per the Board's request to include a 5 ft. public easement. Mr. Borris advised that the easement would be installed and maintained by Towne Realty. r Planning & Zoning Board Meeting Minutes July 25, 2001 Page 4 Mr. Nicholas voiced his concern that 5 ft. was not adequate. Mr. Reid responded that sidewalks along commercial property and all beach accesses were required to be 5 ft. per code. Mr. Peetz commented that the Comprehensive Plan does not reference minimum size requirements. He noted that the access needed to meet ADA requirements for handicap accessibility. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend acceptance of the proposed easement as presented with the understanding that Towne Realty will construct and maintain the easement. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:20 P.M. Approved on this day of PtucAvst- , 2001. Beatrice McNeely, Chairperson 4" Susan L. Chapman,'Secretary 1 City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2001 Page 3 Attachment 3 Boucher said that the policy is an evolutionary document and other investment options could be induded at a later time. The motion carried 5-0 with voting as follows: Mr. Bruns, For Mayor Pro Tem Petsos, For; Mayor Randels, For, Mr. Treverton, For; and Mr. Weber, For. 7. Motion to Adopt: Resolution No. 01-27; Establishing a Defined Contribution Pension Plan. A motion was made by Mr. Treverton and seconded by Mr. Weber to Adopt Resolution No. 01-27; Establishing a Defined Contribution Pension Plan. Mr. Boucher explained the highlights of the plan as: 1) the City will continue to contribute seven percent of employees wages, 2) the vesting schedule would decrease from 10 to 5 years, and 3) employees would choose their investments with the help of certified financial planners. Mr. Boucher introduced Ms. Jeannie Hagen, from the Florida League of Cities, who explained that the plan would provide fund options from which employees could choose for their retirement plan. Ms. Hagan stated that CitiStreet is a registered financial advisor group that is authorized to recommend funds. She explained the participatory role that the plan would offer employees with different avenues for access to their accounts such as the Internet. Ms. Hagen commented that the Pension Reform Act adopted at the Federal level now allows for portability of retirement savings. Ms. Hagan informed that CitiStreet would offer funds other than its own. Mr. Bruns asked if each employee would gain a different retirement benefit and questioned the possibility of no substantial retirement benefits. Ms. Hagen replied that the diversification of stock and bond funds would offset the possibility of no significant return on an investment. Mr. Treverton asked if CitiStreet had no load funds. Ms. Hagen affirmed that no fees were involved and read the list of fourteen available funds. Ms. Hagen replied to Mr. Treverton that she would review the funds monthly and a fund committee would review them quarterly. Mayor Pro Tem Petsos questioned Internet access. Ms. Hagen replied that employees would have the opportunity to move funds at will and that the funds have no front or back -end fees. Ms. Hagen stated that there is an overall administrative fee of 30 basis points or $3,000. She added that the mutual funds do have expenses. Ms. Hagan explained that the employee would leam to make investment choices based on individual financial needs. She explained further that distribution counseling is performed for employees within the five-year range of retirement and special concern is given to their needs. Ms. Hagen emphasized that employee education is the key to their plan success. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For, and Mr. Weber, For. 8. Motion to Adopt: Resolution No. 01-32; Beach Access Easement Agreement. A motion was made by Mr. Weber and seconded by Mr. Treverton to adopt Resolution No. 01-32; Beach Access Easement Agreement. Mayor Pro Tem Petsos asked to see a more defined map of the beach access. Mr. Meath Bennett, of Towne Realty, presented City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2001 Page 4 a larger depiction of the proposed easement area for Council's review. Mr. Treverton clarified that Towne Realty would build the sidewalk and the crossover and deed the entire project to the City. Mr. Bennett affirmed for Mr. Bruns that anyone riding a bike or walking would have continuous thoroughfare. Mayor Randels clarified that bikes would not have access into the gated community. Ms. Beatrice McNeely, Planning and Zoning Chairperson, explained that the project was the best way to meet the City comprehensive plan requirements. Mr. Nicholas asked who is responsible for the maintenance? Mr. Bennett replied that the City would assume responsibility. Mr. Bennett replied to Mr. Weber that Towne Realty would include decorative landscaping. Mr. Treverton commended all involved on this additional beach access. The motion carried 5-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr. Treverton, For, and Mr. Weber, For. DISCUSSION: 9. Employee Health Insurance. Mr. Boucher provided background on the existing employee health insurance plan with the Florida League of Cities. He explained that the employees are covered under the Gold Plan for 100 percent of health, dental, vision and life. Mr. Boucher reported that staff with the help of an independent underwriter gathered information on comparative PPO plans as well as HMO plans and submitted the results for Council's review at the last meeting. Mr. Boucher said that he held a meeting with the employees on Wednesday, September 12th along with Mayor Randels to gain input on this issue. He related that the employees were not favorable of an HMO plan at the cost of losing existing patient/ doctor relationships. Mayor Pro Tem Petsos asked if losing an existing physician is a valid concern. Mr. Boucher responded that health insurance is an emotional issue. He asked employees if they were willing to contribute out-of-pocket for the PPO coverage at ten or fifteen dollars per pay period. However, employees gave little response to the contribution for health care concept. Mr. Boucher stated that the City has a dual obligation of providing employee health care as well as resourceful use of taxpayer's money. Mayor Randels shared his notes from the employee meeting with the Council. He related that employees found HMO's too limited in the range of doctors and reiterated that employees would lose doctor/patient relationships. Mayor Randels also shared that the gatekeeper function of primary care physician to specialist would incur double co- payments. He said that the employees did not desire any employee contribution and they did not desire less coverage. Mr. Wes Fox, Water Reclamation, expressed that there was confusion about the employee meeting, but he would now consider a Blue Cross/ Blue Shield HMO plan. Mr. Weber expressed that PPO and HMO plans were comparative in providers. Mayor Randels summarized that the decision is how much the City is willing to spend on employee health insurance and would the City retain the costly Gold plan and require employees to pay the difference. Mr. Weber questioned the difference in the Gold, Silver and Bronze plans. Mr. Boucher replied that the plans differ in co -pay and out-of- pocket expenses. Mr. Treverton expressed that although he favors employee health care, Attachment 4 RESOLUTION NO. 200142 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; DEDICATION OF A PUBLIC BEACH ACCESS EASEMENT FROM SOLANA DEVELOPMENT INC., AND CAPE CARIBE, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. N WHEREAS, Solana Development, Inc., and Cape Caribe, Inc. have agreed to 1 the dedication of a beach access easement on the subject property, lying in Section 'm14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described in Exhibit A-1; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board at a ng on July 25, 2001 made the recommendation that the City Council approve the easement for general public beach access as depicted on the approved site NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape eral, Florida, as follows: p D SECTION 1. The City hereby accepts the dedication of an easement signed by an agreement with Solana Development Inc., Cape Caribe, Inc. in the documents attached hereto as Exhibit 'A', and in.,.,,rid. *led hereby by reference. SECTION 2. This Resolution shall take effect upon adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this la, day 2001. • APPROVED AS TO FORM: • oca‘Si2L, Rocky Randels, MAYOR Burt Bruns Buzz Petsos Rocky Randels Richard Treverton FOR AGAINST Second Lany Weber Motion Ca d mammon*1111111111111111 Pal �.w.4429 1941 Scott Ellis Cied Of Cowls. Board County 1Trust 1 NUMBS; goo, 00 • 0.00 V..+• 0.00 mtTalc 0.00 VIg:0.00 S « TCH TO ACCOMPANY DESCRIPTION BEACH ACCESS EASEMENT NOT A BOUNDARY SURVEY OMIT SHEET 1 0f 2 N. UNE OF ME 1/4 OF SECTION 14 N. UNE OF AEW. 1/4 OF SECTION 14 N.W. pj OF GOVT LOT 1 .639.94' 703.331� 815.82 N. 1/4 CORNER / • H � 5�89'�I5'431Y. 1 OF SECTION 14 It 81�13' POINT OF BE<#AWING N.89'43'34t N.89'45'43' M89'4r4rE JETTY PARK N1 (TaEv� COUNT* W. UNE GOVT LOT 1 5.0' POINT OF COMMENCEMENT N.W. CORNER OF SECTION 14 SHEET 1 OF 2 PupAB® BT G4PE C4RIBE (TOwNE FEALTY) BDA 1•ao' ALLEN • t�j�ugu►eeru►g, Inc. 106 DOE LINE (P.O. BO% 321921) CO= BBQ. !LOCA -1321 (1)763-7443 PAI: (921)783-5902 CER11F1C41E OF AU1II0RIZAJION # LB 286 3. 2. 1. QWGO Egg NATE & ADO DG A 8/27/01 U4TE 07-13-01 I DRAWN BY KSC JOB NO. 980129 I SCALE 11=80' R -RADIUS D = DTA ANGLE A = ARC LENGTH J SUBJECT PARCEL 0.27 ACRES N.8 S8r4s'43v4 pi o 1,'6'.3 s 45ost 7. i11111111111111oRsookvapen 4429 / 1945 SE SHEET 2 OF 2 FOR DEECRIP11014 SURVEY'OR'S CENT C TON AND SURVEYOR'S 1101ES PREPARED AND ►.ci.trri . FOR: TOWNE REALTY i .• • , DESCRIPTION BEACH ACCESS EASEMENT NOT A BOUNDARY SURVEY EXHIBIT A SHEET2 OF2 DESCRIPTION OF EASEMENT- An easement for Beach Access, lying in Section 14, Township 24 South, Range .37 East, B►evord County, Florida, being more particularly described as follows: Commence at the Northwest comer of said Section 14; thence N89'43'34"E along the Nath Ens of the Northwest one-quarter of said Section 14, a distance of 2,639.94 feet, to the North one- quarter caner of said Section 14; thence N89'45'43'% along the North fine of the Northeast one-quarter of said Section 14, a distance of 70333 feet, to the POINT OF BEGINNING of the hereh► described easement; thence continue, N81745143 along the North line of the northeast one-quarter of said Section 14, o distance of 615.82 feet, to the Northwest corner of Government Lot 1 of said Section 14; thence S0129101 Z along the West line of said Government Lot 1, a distance of 260.06 feet thence N89'45'43% a distance of 1,466.47 feet; thence S0O'14'17% a distance of 42.00 feet, thence S89'45'43'W, a dfatance of 7.00 feet; thence NO014'171Y, a distance of 37.00 Beet; thence S89'45'43'Y, a distance of 1,464.36 feet; thence N0179'01'W, a distance of 260.06 feet; thence S89'45143'W, a distance of 61.113 feet, to a point of intersection with a non -tangent curve, concave Southeasterly, having a radius of 33.00 feet and o central angle of 0979'28"; thence Northeasterly, along the arc of said curare to the right, o distance of 5.47 feet (said arc subtended by a chord bearing N2327'20Z a distance of 5.46 feet), to the PONT OF BEGINNING; Contalnlng 0.27 acres, more or less. SURVEY R'S NOTES: 1. THIS IS NOT A SURVEY. IHIh1Il1 amok/Paw 4429 / 1946 2. The bearings shown are based along the North line of the Northwest one-quarter of Section 14, bearing N89'43'341E 3. • Denotes a change in direction (no comer found or set). SEF SHEET T OF 2 FOR THE SKETCH 10 ACC.OMF'ANY TIN Oaswrua•�wr�N. MEET OF MAIO BY: ALLENee , Inc. .LwL�J.:irdS — ib�labkdbYiS 106 BM MNE (P.O. BOX 921381) COCOA BBABB. FLORIDA 32932-1321 1 (921)783-7443 110: (321)783-5902 I.wujihloUE 4FALWORI7ATION # LB 266 3 2. 1. WIND ESN NAME & ADD EY.' A 8127/01 JOB NO. 980129 1 DUE 07-13-01 SURVE7GR'S CERTIFICATION: I hereby art* that the attached Property Description was prepared under my direction, In accordance with all applicable requirements of the Minimum Technkol Standards," for land surveying in the State of Florida, described in Chapter 61017-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. Not valid without the signature and the original raised seal of o Florida licensed surveyor and mapper. PREPARED AND t,cnrurrcu FOR: TOME REALLY Prepared by and please return to:I111 Curtis R. Mosley, Esq. Mosley, Wallis & Whttohoad„ P.A 1221 E New Haven Avenue Melbourne, FL 32804 Scott �1I1 Gprtc Ot Court. Brru 5 GoumtY _ emes:3� p.80 BEACH ACCESS EASEMENT AGREEMENT T°;, p 00 2t 0.00 (100 CFN:2001208783 OR aook/Pela: 02:42 pm 29 / 1.942. THIS BEACH ACCESS EASEMENT AGREEMENT (the "EASEMENT AGREEMENT") is made and entered into this 1811 day of `..por.MATT 2001, by and between SOLANA DEVELOPMENT, INC., a Florida corporation! and CAPE CARIRE, INC., a Florida corporation, both of Which corporations addresses are 710 North Plankinton Avenue, Suite 1200, Milwaukee, Wisconsin 53203 (collectively the "GRANTORS"), and THE CITY OF CAPE CANAVERAL, FLORIDA, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 (the "GRANTEE'). WITNESSETH: WHEREAS, the GRANTORS are the owners, each of a portion of all of the lands located in Cape Canaveral, Brevard County, Florida, depicted on the attached EXhibit A sheet 1 of 2 and described on the attached Exhibit A sheet 2 of 2; and WHEREAS, the GRANTORS have agreed to grant to the GRANTEE a non-exclusive 5 -foot wide easement for purposes of allowing pedestrian access along and over the lands depicted and described on Exhibits A sheet 1 of 2 and A sheet 2 of 2 (the "BEACH ACCESS EASEMENT AREA' or "EASEMENT AREA"), which shall run along the northern boundary of other adjacent lands owned by GRANTORS (the °GRANTORS' LANDS") to and from the beach on the Atlantic Ocean; Now, THEREFORE, for good, valuable and sufficient consideration, receipt of which is acknowledged by the parties hereto, including but not limited to the covenants herein contained, it is agreed as follows: 1. Recitals as Covenants, The foregoing recitals are true and are incorporated herein by reference as covenants of this EASEMENT AGREEMENT. 2. Grant of Easement. The GRANTORS hereby give, grant, bargain and assign to the GRANTEE a permanent and perpetual non-exclusive easement for pedestrian traffic purposes for ingress and egress on foot, by bicycle or wheelchair, but not by any motorized bicycle or other vehicle, other than a motorized wheelchair, in, to, upon and over the BEACH ACCESS EASEMENT AREA to and from the beach on the Atlantic Ocean. Construction Upon and Improvement of the BEACH ACCESS EASEMENT ARTA The GRANTORS will, at its sole cost, construct a pedestrian path over the BEACH ACCESS EASEMENT AREA. The path shall be constructed of concrete, except for the dune crossover which shall be constructed of wood. 4. Fencint7 of BEACH ACCESS EASEMENT AREA. The GRANTORS will construct fencing' along SII of the southern boundary of the BEACH ACCESS EASEMENT AREA. The type, material, manufacturer, style, color and size of the fencing to be erected by the GRANTORS shall be determined by the GRANTORS in their sole discretion. 5. Maintenance of Improvements. The GRANTEE shall at all times maintain in good condition and repair all improvements that the GRANTORS construct upon and along the BEACH, ACCESS EASEMENT AREA. 6. GRANTORS' Rights to Peaceful Eniovment of GRANTORS' Lands. The GRANTEE agrees at all times to exercise best efforts to insure that the public's use of the BEACH ACCESS EASEMENT AREA does not interfere with or impair in any adverse manner the use and enjoyment by the GRANTORS, their guests, invitees, successors and assigns of any of the GRANTORS' LANDS located adjacent to and south of the BEACH ACCESS EASEMENT AREA 7. GRANTEE'S Aareement of Indemnification. The GRANTEE hereby agrees to indemnify, defend and hold the GRANTORS and their successors and assigns (the "INDEMNIFIED PARTIES") harmless from and to defend INDEMNIFIED PARTIES with respect to any claims or causes of action alleged ©r brought against the INDEMNIFIED PARTIES by any third parties as a result of any injury, death or property damage or loss incurred or alleged to have been incurred by such third party as a result of the GRANTEE'S failure to properly maintain the BEACH ACCESS EASEMENT AREA. Such indemnification shall include the payment of all reasonable attorneys' fees, costs and expenses, and any judgments that may be rendered against the INDEMNIFIED PARTIES. 8. Mortaaae or Deed of Trust on BEACH ACCESS EASEMENT AREA. Any mortgage or deed of trust placed on the BEACH ACCESS EASEMENT AREA by GRANTORS shall be subordinated to the easement Interests of the GRANTEE herein granted by GRANTORS. The GRANTEE acknowledges and agrees that the grant of this EASEMENT AGREEMENT is subject to any currently existing easements or restrictions of record on the BEACH ACCESS EASEMENT AREA. 9. Benefit. The EASEMENT AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their heirs, estates, personal representatives, trustees, successors and assigns. 10. Covenant_Running with the Land. The EASEMENT AGREEMENT shall be deemed a covenant running with the land for the use and benefit of all of persons and entities described in Paragraph 9 above. IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the date first written above. SIGNED, SEALED AND DELIVERED IN w_ PRESENCE Pri Prl Prl tJBY3385:091201: RR21 2 GRANTORS: SOLANA DEVELOPMENT, INC., a Florida corporation By: n R. Grandlich, Vice President CAPE CA 'IBE, INC., a Florida corporation By: Andrew P,r rmusz,1�;;�? ident GRANTEE: THE CITY OF CAPE CANAVERAL 2001208783 OR moi,©: 4429 ! 1943 0 STATE OF c\Ac COUNTY OF7,1+icema((C\ The foregoing instrument was acknowledged before me this VI day of 2001, by John R. Grandlich, Vice President of Solaria Development, inc., a Florida corporation, on behalf of the corporation who is personally known to me. STATE OF COUNTY OF -We My commission expires: 0" 1" jennifer Kay Coommigdon IM051371 Erving Ana. LS. 2:05 bonded no] Adirdic Bonding Co., Inc. The foregoing instrument was acknowledged before me this \ day of yr..( , 2001, by Andrew P. Jarmusz, Vice President of Cape Carlbe, Inc., a F orida corporation, on behalf of the corporation who is_personally known to_m_124 rk.A. STATE OF FLORIDA COUNTY OF BREVARD My commission expir The foregoing instrumcnt was Aacknowledged before , 2001, by hay l'Avetlelf, , as C" of Cape Canaveral, on behalf of the City who is et, s. A I *IAA . n- pFedueed I 11111111 I I cFN:2001208783 OR Book/Page: 4429 1944 ! t NOTARY My commission expires: day of of The dr--44as Cape Caribe Easement Aerial Attachment 6 Prepared by and return to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 TERMINATION OF BEACH ACCESS EASEMENT THIS TERMINATION OF BEACH ACCESS EASEMENT ('Termination Agreement") is made and entered into this day of , 20_, by and between CAPE CARIBE, INC., formerly known as Solana Development, Inc., a Florida corporation ("Corporation"), and THE CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"). WITNESSETH: Whereas, the Corporation and the City previously entered into that certain Beach Access Easement Agreement which is recorded in Brevard County Official Record Book 4429, Page 1942 (Easement Agreement"); and Whereas, Articles of Merger were filed on September 5, 2002, with the Florida Department of State, merging Cape Caribe, Inc. into Solana Development, Inc., whereupon Solana Development, Inc. simultaneously changed its name to Cape Caribe, Inc., the Corporation; and Whereas, the parties have determined that the beach access easement is no longer needed or necessary and therefore, the parties now desire to terminate the Easement Agreement. NOW, THEREFORE, for good, valuable and sufficient consideration, receipt of which is acknowledged by the parties hereto, including but not limited to the covenants herein contained, it is agreed to as follows: 1. Recitals. The aforementioned recitals are true and correct and are hereby fully incorporated herein by this reference and are a material part of this Termination Agreement. 2. Termination of Easement.The Easement Agreement recorded in Brevard County Official Record Book 4429, Page 1942 is hereby deemed terminated and no longer in full force and effect. The parties shall have no further obligation or responsibility under the Easement Agreement which is also hereby deemed terminated of record and no longer binding upon the subject property. 3. Recordation. The City shall record this Termination Agreement in the Official Records of Brevard County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first written above. Witnesses: Print Name: Print Name: CAPE CARIBE, INC., formerly known as Solana Development, Inc. By: Print Name/Title: John R. Grandlich Vice President Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BREVARD THE CITY OF CAPE CANAVERAL By: Rocky Randels, Mayor The foregoing instrument was acknowledged before me this day of , 20_, by John R. Grandlich, Vice President of Cape Caribe, Inc., formerly known as Solana Development, Inc., a Florida corporation, on behalf of the corporation who is personally known to me. NOTARY My commission expires STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 20_, by Rocky Randels, Mayor of the City of Cape Canaveral, a Florida municipal corporation, on behalf of the corporation who is personally known to me. NOTARY My Commission expires Termination of Beach Access CLEAN 12.16.13.docx City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. 5 Subject: Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO), Citizens Advisory Committee (CAC). Department: Legislative Summary: The Space Coast Transportation Planning Organization is a metropolitan planning organization established under Sec. 339.175, Florida Statutes, to coordinate transportation planning/financing throughout Brevard County. On February 19, 2013, the Cities of Cape Canaveral and Cocoa Beach extended an Interlocal Agreement with the Space Coast Transportation Planning Organization (TPO) through the year 2022. The Agreement allows each agency to continue sharing a delegate seat on the TPO Board as the North Beaches Coalition. At the Cape Canaveral City Council Meeting of December 17, 2013, Council chose Mayor Pro Tem Petsos as the North Beaches Coalition Voting Delegate for 2014; the Alternate is Cocoa Beach Vice Mayor Skip Williams. As part of the Agreement, the City also reappointed Jeff Ratliff as Voting Delegate to the Technical Advisory Committee (TAC). Additionally, it is the City's turn to appoint one individual to the Citizens Advisory Committee (CAC). Staff recommends Mr. John Price, a resident of the City and a Member of the Planning and Zoning Board, for appointment to the CAC. Submitting Department Director: Angela Apperson I Date: 1/3/14 Attachment: None Financial Impact: Staff time to prepare this item. ,---) , , / 4 I , 4 f i 1 Reviewed by Finance Director: John DeLeo N„," Date: / The City Manager recommends that City Counts take the 'following action(s): Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO), Citizens Advisory Committee (CAC). Approved by City Manager: David L. Greene c)-1.)-2--- Date: fiL/R1( City Council Action: [ ] Approved as Recommended [1 Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. 4, Subject: Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent with the City's Water Supply Facilities Work Plan by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making additional conforming amendments to the Comprehensive Plan; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, second reading. Department: Community and Economic Development Summary: As a result of legislation passed in 2005 to strengthen the link between land use and water supply planning, local governments subject to a Regional Water Supply Plan prepared by a water management district are required to adopt a Water Supply Facilities Work Plan (Work Plan) as a part of their comprehensive plans. According to Florida Statutes, the Work Plan is to address the plans of regional water suppliers, private utilities, or other water suppliers as applicable, as well as local government's plans for infrastructure, conservation and reclaimed water. The purpose of the Water Supply Facilities Work Plan is to identify and plan for the water supply resources and facilities needed to serve existing and new development within the local government's jurisdiction. According to State guidelines, the Work Plan and the Comprehensive Plan Amendment (Comp Plan) must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10 -year planning period. The City of Cape Canaveral does not have a central potable water system. The City obtains its potable water supply from the City of Cocoa under an intergovernmental franchise agreement. The City of Cocoa is the Regional Water Supplier and has supplied central Brevard County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air Force Base and a large population of unincorporated central Brevard County with drinking water since 1957. The Cities of Cocoa and Cape Canaveral entered into a 30 -year water franchise agreement in 1964, which expired in 1994. In 1994, the City of Cocoa entered into another 30 -year water franchise agreement with Cape Canaveral, which expires in 2024. The City of Cape Canaveral Water Supply Facilities Work Plan was prepared by Planning Design Group. It has received preliminary review by St. Johns River Water Management District. Adoption of the Work Plan necessitates revisions to some Elements of the Comprehensive Plan. Proposed revisions are depicted in str-ikethreugla and underline. Revisions have been made to the text and formatting of the following Elements which are included in this packet: Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements. Revisions to the formatting City Council Meeting Date: 1/21/2014 Item No. Page 2 of 2 only have been made to the following Elements: Public Schools Facilities, Conservation Management, Parks and Recreation, Housing and Transportation. On August 28, 2013, the Local Planning Agency (Planning & Zoning Board) reviewed the Water Supply Facilities Work Plan and related Comprehensive Plan Amendments and recommended approval. A Notice of Public Hearing was advertised in Florida Today on October 3, 2013; Ordinance No. 12-2013 was approved by City Council at first reading on October 15, 2013. On November 22, 2013, the Department of Economic Opportunity (DEO) reviewed and indicated approval of the proposed comprehensive plan amendment (attached). FL Statutes section 163.3184(3)(c)1 provides that if the second public hearing is not held and the amendment adopted within 180 days of DEO comments, the amendment shall be deemed withdrawn unless extended by agreement with DEO. The second Notice of Public Hearing was advertised on January 9, 2014. Accordingly, Ordinance No. 12-2013 has been submitted for second and final reading on this Agenda. \) Submitting Director: Todd Morley/ Date: 01/08/2014 Attachments: 1) Ordinance No. 12-2013; 2) Water Supply Facilities Work Plan; 3) LPA Recommendation; and 4) DEO Review, Financial Impact: $5,919 for Professional Services funded through the Community and Economic Development operating budget. Staff time; cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Counc Adopt Ordinance No. 12-2013, second reading. Approved by City Manager: David L. Greene 01--)4- Date:I 1/3 /: City Council Action: [ 1 Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Date: 1/3 ake the following action(s): Attachment 1 ORDINANCE NO. 12-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENTS CONSISTENT WITH THE CITY'S WATER SUPPLY FACILITIES WORK PLAN BY AMENDING THE TEXT OF THE FUTURE LAND USE, INFRASTRUCTURE, COASTAL MANAGEMENT, INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS ELEMENTS OF THE CAPE CANAVERAL COMPREHENSIVE PLAN, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES; MAKING ADDITIONAL CONFORMING AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, section 163.3161 et. seq., Florida Statutes (2011) established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, the St. Johns River Water Management District ("District") approved its regional water supply plan on February 7, 2006; and WHEREAS, following the District's approval of the regional water supply plan, the City is required to prepare a 10 -year Water Supply Facilities Work Plan and adopt corresponding revisions to the City's Comprehensive Plan addressing the water supply requirements; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject comprehensive plan text amendment to the Florida Department of Economic Opportunity for its review and comment; and City of Cape Canaveral Ordinance No. 12-2013 Page 1 of 5 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and NOW, THEREFORE, THE CITY 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 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments consistent with the City's Water Supply Facilities Work Plan ("Work Plan") by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements of the City of Cape Canaveral Comprehensive Plan, as required by section 163.3177, Florida Statutes. The Work Plan is hereby expressly incorporated into the Infrastructure Element Data and Analysis Appendix of the Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan: A. Future Land Use Element. The Future Land Use Element is amended as set forth in Exhibit "A," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Future Land Use Element). B. Infrastructure Element. The Infrastructure Element is amended as set forth in Exhibit "B," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Infrastructure Element). C. Coastal Management Element. The Coastal Management Element is amended as set forth in Exhibit "C," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Coastal Management Element). D. Intergovernmental Coordination Element. The Intergovernmental Coordination Element is amended as set forth in Exhibit "D," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Intergovernmental Coordination Element). City of Cape Canaveral Ordinance No. 12-2013 Page 2 of 5 E. Capital Improvements Element. The Capital Improvements Element is amended as set forth in Exhibit "E," attached hereto and incorporated herein by this reference (underlined type indicates additions to and st.ikwut type indicates deletions from the text existing in the Capital Improvements Element). Section 5. Conforming Text Amendments to Comprehensive Plan. The City Council of the City of Cape Canaveral hereby adopts the following conforming, non -substantive amendments to the City of Cape Canaveral Comprehensive Plan to provide for consistent formatting within each element of the Comprehensive Plan: A. Public Schools Facilities Element. The Public Schools Facilities Element is amended as set forth in Exhibit "F," attached hereto and incorporated herein by this reference (underlined type indicates additions to and sl.;i;;;.ul type indicates deletions from the text existing in the Public School Facilities Element). B. Conservation Management Element. The Conservation Management Element is amended as set forth in Exhibit "G," attached hereto and incorporated herein by this reference (underlined type indicates additions to and type indicates deletions from the text existing in the Conservation Management Element). C. Parks and Recreation Element. The Parks and Recreation Element is amended as set forth in Exhibit "H," attached hereto and incorporated herein by this reference (underlined type indicates additions to and Jtrika.uut type indicates deletions from the text existing in the Parks and Recreation Element). D. Housing Element. The Housing Element is amended as set forth in Exhibit "I," attached hereto and incorporated herein by this reference (underlined type indicates additions to and alp;keeul type indicates deletions from the text existing in the Housing Element). E. Transportation Element. The Transportation Element is amended as set forth in Exhibit "J," attached hereto and incorporated herein by this reference (underlined type indicates additions to and stiiktout type indicates deletions from the text existing in the Transportation Element). Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not City of Cape Canaveral Ordinance No. 12-2013 Page 3 of 5 affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be freely made. Section 8. 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 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)( c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of January, 2014. ATTEST: ANGELA APPERSON, City Clerk First legal ad published First reading: Second legal ad published: Second reading: Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh October 3, 2013 October 15, 2013 January 9, 2014 January 21, 2014 City of Cape Canaveral Ordinance No. 12-2013 Page 4 of 5 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 12-2013 Page 5 of 5 Ord. No. 12-2013, Exhibit "A" City of Cape Canaveral Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" GOAL The overall goal for the City of Cape Canaveral for future land use is to 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, 2010. abiectivec 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: .[„44.1..icv.P()PIPA' The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. Il4.44,E,..3,,..17"011., CPV The City shall require developers to provide for the local sanitary sewer, reuse and water systems to serve their developments. 124.414icyPO (CY 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. I :PolicyPOL,,P (Th 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. 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. POLICY LU -1.1.6 Application for future land use map (FLUM) amendments must include data and analysis that demonstrate adequate water supplies and associated public facilities are or FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" will be available to meet the projected water demand associated with the FI,UM amendment. The City shall work toward redevelopment or renewal of blighted areas. The measurement of this Objective is the reduction of the number of blighted areas and the degree to which the following Policy is implemented. The City shall enforce its housing and building codes in an effort to prevent any blighted areas. ft,)1;LL 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 .irnplemented. T.441. L T CA" LU -1.3.1: The City shall enforce its various ordinances 7hich 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). LU -1.3.2: The City shall require new development to be compatible with adjacent!an I LU -1 -33: The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots acre. -1- uses. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. *R-3, Duplex/ Nlulti-Family/ Townhouse Apartments: maximum 15 units/acre. M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Conunercial: zoning regulations impose a variety of requiremenl.s, depending upon type of use. FUTURE LAND USE ELEMENT Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" *C-2, Commercial: zoning regula tions impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON, Conservation 44,7).lileitty-e0 l;',I,L:(717,1"14713 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. The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) LU -1.4.2: As historically -significant properties are identified., these shall be designated and protected. 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. E LU -1.5: The City shall coordinate coastal area population densities NA'ith the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree 1.1,-) which the following Policy is implemented. LU -1.5.1: The City shall continue to monitor density of developments, especially in the high - hazard areas. .14.4 P Y 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 (CH.1.-1A) 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. 4:"YbEeEtEilP,e (1)113, E (21,7 \,/ I] 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. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" The City shall work toward development on infill parcels. LU -1.6.2: The City shall encourage projects which are adjacmt to existing public infrastructure. C1:1, LU -1.7: The City shall ensure the availability of land suitable .for utility facilities necessary to support proposed developrnent. The measurement of this Objective is the availability of land for utility facilities. The City shall continue with its policy of requiring developers to provide local sanitary sewer and water lines at the time of development. LU -1.7.2: The City shall continue to cooperate with the Cocoa Water Department for locating and obtaining and for additional water facilities which may be required to be located within Cape Canaveral at some future date. LU -1.8: The City shall work toward the use of innovative mixed use land use classifications and land development regulations to implement theiTcommendations of the. 2009 Visioning Study for mixed use developments and a downtown center. The measurement of this Objectiveis the extent to which innovative land uses and land development techniques are allowed and the degree to which the following Policies are implemented. LU -1.8.1: The City shall encourage the niix 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 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 \vial the requirements of 9l -5.006(.1)(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), I'.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: FUTURE LAND USE ELEMENT - Amended November 19, 2013. Page 8 Ord. No. 12-2013, Exhibit "A" 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. 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 Ixhich 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. 13. 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. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" 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. 1 (..)-1J.-14 :,,,2,1(.1")1 i T "11' 'C . -"E"' ' "V"1.:.....! 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 City through redevelopment and beautification activities.. 44),,b,s•v1P01...., 1.9.1: In :July of 1995, the City identified areas, prepared and adopted in the State Route MA Beautification Plan and .Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmenta'lly sound conunercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: 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 \vat:el', 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 substandardand 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. Ii 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 mum u AAA AA, FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" creation of a "town center" development. The City shall pursue implementation of the policies under "Land Use Controls" of the 'Redevelopment Plan. 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. Poi P011, 1101 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. 1„10.2 High schools shall be required to be located on collector and arterial roads. 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. .1 A Al 1 A. A surn. 1 FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "B" City of Cape Canaveral Comprehensive Plan INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES and POLICIES INFRASTRUCTURE ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" SANITARY SEWER. ETAT. GOAL S S 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. v S S -1 :11 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. 55-1 .1 The City shall provide sanitary sewer collection and treatment through utilization of its sanitary sewer system. Vo ft :Y '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 Citys system in accordance with City ordinances. The City shall not allow the use of septic tanks for new development and work toward the elimination of any remaining septic tanks. SS -1L4 The City shall establish priorities .for replacing facilities, correcting existing facility deficiencies and providing for future facility needs. 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 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. INFRASTRUCTURE ELEMENT Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit: "B" 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. j CP)/ SS -1..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. Ac..")114-ecti,ve, (7,1)1! Assure that all existing and future residents and businesses in the City of Cape Canaveral are served by ade2quate drainage facilities in order to minimize damage that ma), 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. The City shall provide for routine maintenance for all park of its drainage systeni. The City shall control the drainage of storm‘vater in order to minimize the impact on the storm sewer system and on the surficial and Floridan aquifers. -1.. 1.3 The City shall control the development of storm sewers and to insure that city maintenance of canals and ditches is accomplished efficiently. The City shall enforce its Stormwater Managem.ent Ordinance for new development. D-1.1. :5 INFRASTRUCTURE ELEMENT Amended November 19, 2013 Page 3 Ord. No. 12-2013, Exhibit "B" 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. "12,:,..41i..E.,-y..j.)(...1)0L,11.(,:.,TY 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. Pelin,t01...KA 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 followingcriterion: 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. .144icy.1"01...1(1.1'3' 1-1i.8 The City shall support efforts to educate the general public about non -point source pollution and the value of stormwater management practices. Poliell1O1,1,(1,:)(11D-1„11.9 The City shall, continue to utilize a record keeping system relative to the use of stormwater management practices, construction, maintenance costs and facilities monitoring. 1;13.3.13.E531.101_1(1.N D-1.1 .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 stormwa ter management plan. OblectiveEORT ECM 2 The City shall maximize the use of existing drainage facilities and irifill development to discourage urban sprawl. The measurement of this Objective is the extent to which. development takes place on infiii parcels plus the degree to which the following Policies are implemented. The City shall require the use of existing drainage facilities, where feasible, for new development. INFRASTRUCTURE ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" D-112.2 The City shall enforce its Stormwater Management Ordinance for retention and detention facilities for storage of stormwater runoff. 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. lo S 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. SW -1 .1 The City shall cooperate with Brevard County for disposal of solid and hazardous wastes. The City shall encourage recovery of additional resources from solid wastes, where feasible. The City shall monitor the performance of the garbage and trash pickt.p service to assure the best service available at the lowest possible cost. T201: [ICY SW -1 „1.4 The City shall cooperate with the County in providing for future facility needs for disposal of solid and hazardous wastes. INFRASTRUCTURE ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" fd"'Eddlidtddy.VA.....)d„,d1C....."d'Y SW -1,1.5 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 E.; GOAL [fl 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. 3;11E 1711..;;E:''; 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. didddtdddIddidddyda„)1.„dc...Th./ P1W-1 The City shall cooperate \vith the City of Cocoa in provision of potable water for the citizenry of Cape Canaveral. fddfddldi,d,,,,y.d'd:....ddd Add:7dd' PW -1.1.2 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. Cape Canaveral shall cooperate with the City of Cocoa in establishing priorities for replacement, correcting existing facility deficiencies and providing for future facility. needs. didadMidd-,,d,,P0 Li dd,...d.flid 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. ,111,111,11.14,44., ' INFRASTRUCTURE ELEMENT Page 6 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" 'hcnWd xv th tt:G tiv o r t n G 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. Poi icy It" 0 I t K.GY PW -1„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. Phh..").1. thrit," Gr"th'Ihi a „4','''',,,'"1,.„'h„,),1,'",'11"))11'1 D, tfi G h„,,h hh, h hh, Ghhh h:Gh hhhh, h "h h ['GI h.." "Ghhhh" h h-Gh hhh G.? -\h" h "ch Gh"G G h,h,11") GG,hhh hhhhhhhh, hhhh 1"). "I) 11.. '' rlf"d1( t't !.."•.1.,:':11-\ 11:11q )1HD r)I N./V fr [11 i "1 P... 111:21" '1...1.""k.," 0.11 r 1[11 'a 010', 11..8 IA.' r r"Gfi)i,C.i riGi ri G r",i; r•°100° 0°110f '1'0 00"000 r)r.:1 1:,21tGriir G GI. ( S '111G.G t rr r:G Giirt i PW -1„.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. IhGohihhithhihy '01G .1 IC'PW- The City shall cooperate x•vith the City of Cocoa and the St. Johns River Water Management District in establishing, utilizing and enforcing potable water conservation strategies and techniques. 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 AV ater volume plumbing fixtures; the incorporation of water conservation concepts in landscape regulations; the identification of areas suitable for use of reclaimed water. Poltiott- PW -L2.3 The City shall v‘rork with Cocoa Water System to evaluate water supply alternatives and to identify an emergency backup source of supply. INFRASTRUCTURE ELEMENT Amended November 19, 2013 Page 7 Ord. No. 12-2013, Exhibit "B" 11"1.1.11. .1:00." 11'0 y 11 11.)(..)cru 11.J u„.1. u 1) [1) 0., t 1t„t t 1 t ret trt, r Ot‘t. t tt„1 ttrt.rt („.„ a.) ,A " .111011 0.,11-rn 1: a rdo„.„10.o1 0," 00110 0001., ) , C1 ) "'' O'i - " .0 i 11:111.-.1.- 1 '11..11,„„1 000111 a u 0 in .1c) 0ld„.1 1.1 h.„A 1„1„iu....5. 0..t.1,0i 011 1 it. t..01(..,„ 0'' 1' r r 010,011,11.21,":„..1 .0 (2 HO 100, U.11 ,101 t d011.0 ",11' .0 000; 10 ". 0,0 0..1d 0 0 '0 1 10".11 0;1:0 11,111 0,1 h 1,('11.10,110, '1 (1,0n 010(0 [1(,.." (0. 1 C icyfi„” t.1,1t 111.p1111.,1011 '00111, ri '1;10 t.; °10 .0.ra1.110.01,10.010C11„,,,, 11.) b 11)ii„,"1 d 0 1 1 1 (.),y) t It' t..1.,,1r.t. 'rt r k i h (If "A, 01 i ?tht Ir„) r. 'J1 ri t, L 0„.«,..!,111L,,,, 0011..1 ht..? NIL") )11"1o H..00L e • i h 1i i.,Oh r )„." d I ) 11 " i Cll.. 11 I ',(1 0"°, a!!4 01001^ 1 ,ot, L 1r trk „, ittrw 'or .thh tItiri V11, C° r :110. ,0.001. 010 101 J,11V ,001, 11'11 1001)11011 '10., '11,," 1,1002, to rht.„q)ttrtrrht. ittts. 0' Oft, 11(":11'11Y" "1/00,1000 .0„0:!„•,000'0'0 '0E11 0,0:0 0.00 00000i"0„ 0.11] 00....0 .00",...„ 00.00 00. 00„I 00, 001-.0100." .01010 0.0 ( h 11:"'',1 "I\ '1„ )1"00010 0'1000li r 1 01 00 '01(...) k. 1 i ).2, -2 (1 0. hrorri r tht t tt, r thr i rttrt „ 10000"htt 11"'1.0,t0"00/•00 "11 '000) 000 1 0 00 ." 001 0011. [11 1.""t"10...............'''000............0 ...00Or 1.th t.r tr) tl tr It tr,t ‘01./' II (.1'11 k,1 0 00\j 0 0 1 '0 0001.11,:k."^l" (. 111,011,0" 11."&"0:1010 0.00,0 it V. u,0.1 1.0,0) '0010.°0. 111 0,0011 0°,01, 0"01 01.1 0001 0 11'00001:11r l'O 0.1 1010 0 001110\,' 00:110, "It to t.) "1 :0110 101.'0100 r00,0",01 I 4..00),0,00;„ 1.1"W- '11'u u 11 :1.1„lo 00 00)01)k.,"‘,.t...,..1( )111 LI 10. ..1 '010, 1001' 1 r 0o 0 Use r -a1 fi all ,acu1 IL0 :ld a 0, rfill r Orli anll! ,nu..11,11.,...rn1 1' '0001 0a 00 s d ()11 1 „T,'„'„.„111,..11... 0d,„)1 00 1100 L.ol o,0iJ v .111 L.1 1 0 ,..11 (1" („„'„i It)! INFRASTRUCTURE ELEMENT Page 8 Amended November 19, 2013. Ord. No. 12,2.013, Exhibit "B" »Vrvv»!::, 0 C.» »V' VVVtl",..1:11 tiv.0 i" Ile t V. Orval., tiva.", a 1 vtl. tartha V. ra V V V V V VV L rtlVv.vvvv'... r1".).VVVviVvi 'tl Vv'tivVvvtiv rtl. or,V v"1 v i" ihr hihi,th tit , v, (vvVr"vvv" ttl tl" V2 v :2 itivitu.t.» (.7:0 t thi» 41 4.4' 0 4 44 11444 44 4.L 4444/44 4.4 LI 444 44. 4,4" 044 C 44 410 4 '4 a r rt. »1».»,,,r »a II II tilt »I tit aithh 2(11 t tith„. h if( .aihrhat ch ia t th ii Litt itiihtti htt hhiti ihrli rithithiiii.i.a,"1.«. hill Fitt,: tit) it..1 t thidt. thi1i 1.0 404 44)44%11 4411.4..4 \ 4441444 4'4 4 4444 0'4. 144LL" 44 414 44443.4 Assure that the objectives and requirerrients of the St. Johns liver Water Management District are reflected in the Potable 'kNater sub-elenient of the Comprehensive Plan. i 11).1in...11v n t I (. t tn.(' "' frn1:21r'f,. le &cid slir)111, rev. o.In u Tr1„,:„ L„„ n nrni „.„„ ron„» r», (:»tti [ a rill rcry 4'4 4444 414 44444 1)4444 444,4444 444444 4:44"4 „,11 41441 4444 .44 41 14 1.41.4,4 44444/ 44' h o « 1 h h i rtl tl. vtl.."! rtltl.'" V V..111 vvvv tiv'tl 1.,VVII V..'vvry rk.'"vvvi CAA:yr.' vv.., 1"1"tivv' 0.1111" L1 PLu V lin, Vtl.),VvvvvvvtltlVVVVv,vtivvrvtltivVtlrV JVVVVvvVtllyvvvvvvvVVvvvIvr2 ritivv. 1:11 rtivry 011 itla fitio ha. h htih hhitt its n t nt'»ott i »n»n ctulil».„ on a 1.1 [irk» (.2 a 1.»)»,1:L1i tvAvvv,v ryleet [IV v vvvellvvvv VVV' VVV"vIlle VIV;Vvvvvvvvv: nelvvvv? ro» »1»,»A» I .11 »»»; t».»trO ».» ».»,„ 11:»»t» t11".»»», rt. c"».». utrunt.tr».» tit .1. rtt »1»;.»..» ') r rut rru u ri thh hit" ttil"ii ho hitt t lit it, titin thh. t I The SJRIATMD'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 participatein 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. The City's Water Supply Facilities Work Plan shall be »...»tri t.»1 Alto it IL:Ali...tilt( to Cho Ur;»» »»nru pLi rt»tt y sis r» Ittut », r ,r.turr«..» tt 0 »- u.n»...»ru »;» uturti 1....nt 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. r , d„„ ("».», t"i.o In 1 110 100v„»1 vvtivvvtiv rite r "L'V SC:nLJ 1:tu."» tn» r r».:1,..»»»,»»»,„».» (-yd. ter» t »...»s »,..t INFRASTRUCTURE ELEMENT Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exi u:rrrd11..,cd..0 irrd ton LvflLLL1 .1 IA:"'"p:""1, P ILL L "11"( '"(d. L " ftftftft ftftftftftft ftftftftftftftftft Iftftftft'ftftftleftnftft.ft-iftftftft-ftftfti+4ftftftftftftftftftftftiftft ft ftftiftftft ftftft,:',"ift ft -ftftrftftft'ft tft fttiftrft`-ftAftftftftft'"ftftftftftftft 'Ill NATURAL GROUNDWATER AQUIFER RECHARGE Si IB - Et GOAL .A. 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 .fea tures. AR -1 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 andnatural drainage features. The measurement of this Objective is the level of the aquifer plus the degree to which the following Policies are implemented. Poiik A R-1 ;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. y AR- I1.2 The City shall cooperate with Brevard County in enforcement of the ordinance requiring recirculation of water for heat pumps which are connected to wells. I „Ili:I:die' "'did:II-HI r"11. .'utritiLlkit 11.2c,,,th ITO() rd ti„..1:1111 .,44W1446114.14. 44144.446444441444441{41rnr..4..4.,446,..rn 4.4444.44144,44444444,14.4.44.W.W04,144,4414.440444 4 1.444. INFRASTRUCTURE ELEMENT Page 10 Amended November 19,2013 Ord. No. 12-2013, Exhibit "B" RENEWABLE AND ALTERNATIVE ENERGY SOURCES 11„, ED/ GOAL llABB Cape Canaveral shall strive tel become a more sustainable and energy efficient City of the 21st century. C)13:24,NEBI.A.,42-1„.., Ef7[1.161"1:'!: RA -13. 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. RA -1A 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 develop.ments. RA- I, ,1.2. The City shall draft land levelop.ment regulations that support the location and use of renewable and alternative energy sources. INFRASTRUCTURE ELEMENT Amended November 19, 2013 Page 11 Ord. No. 12-2013, Exhibit "C" City of Cape Canaveral Comprehensive Plan COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" GoalGOAL CM -1, Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. five OBJECTIVE CM -1.1 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. Polk POLICY CM -11.1 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. Peli 7 POLICY CM -112 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. PolieyPOLICY CM -1.1.3 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. PeiieyPOL1CY CM -1.1.4 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. PolieyPOLICY CM -1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. Coastal Management Element Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exhibit "C" lieyPOLICY CM -1.1.6 In cooperation with stale and .federal regulatory agencies and private developers, the City shall monitor development in those areas with overriding environmental limitations to development. Poli,eyPOLICY CM -1.1.7 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 Causarina glauca Causarina equisetifolia Dioscorea bulbilera Melaleuca quinquenervis Rincinus communis Sansevieria hyuacinthoides Schinus terebinthifolius jecti OBJECTIVE CM -1.2 (Beefwood) (Scaley-bark Beefwood) (Australian Pine) (Devil's Potato) (Punk Tree or Cajeput) (Castor Bean) (African Bowstring) (Brazilian Pepper) The City shall take action in an effort to maintain or improve estuarine environmental quality. The measuremeni of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. Policy PO L Y C M -1,21 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. PeliEyPOLICY The City shall enforce its ordinances vvhich minimize man -induced sedimentation, excessive freshwater runoff, and other non -point pollution sources. Coastal Management Element Amended November 19, 2013 Page 9 Ord. No. 1.2-2(113, Exhibit "C" .Poliey POLICY CM -1.2.3 The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. ObjectiveOBTECTIVE CM -1.3 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 -POLICY CM -1,3.1 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. .Poliey PO LI CY CM -1,3.2 The City shall review, update (if necessary) and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater inanagement; sanitarysewer 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. PolicyPOLICY CM -1,3.3 The City shall adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. Objet e0BIECTIVE CM -1.4 The City shall develop measures for protection of beaches and dunes, establish construction standards which minimize the impacts of man-made structures on beach and dune systems, and work toward restoration of altered beaches and dunes. The measurement of this Objective is the development of such measures and the extent to which beaches and dunes are protected and/or restored and the development of standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. Coastal Management Element Amended November 19, 2013 Page 9 Ord. No, 12-2013, Exhibit "C" PetieyPOLICY CM -1.4.1 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. PelieyPOLICY CM -L4.2 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. PolicyPOLICY CM -1.4.3 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. P-elieyPOLICY CM -1.4.4 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.- AIA should provide for dune stabilization and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. gelieyPOLICY CM -1.4.5: The City shall continue to prohibit motorized vehicles from operating on the dune system except in emergency situations. PelieyPOLICY CM -1.4.6 The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port operations on the City's beaches. ObjectiveOBJECTIVE CM -1..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.. PolieyPOLICY CM -1.5.1 The City shall incorporate a provision to implement the above Objective in its Land Development Regulations. Coastal Management Element Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exhibit "C" Objective0BIECTIVE CM -1.6 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 coastai high -hazard area and the degree to which the following Policy is implemented. P-oheyPOLICY CM -1.6.1 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 ernergency situation where it is economically feasible to do so. The Coastal High Hazard Area (C1 -I1 -IA) 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. Objeetie0BTECTIVE CM -1.7 The City shall NA, ork toward reducing its local hurricane evacuation times based upon the Brevard County's Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. PolicyPOLICYCM-1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. PolieyPOLICY CM -1..7.2 The City shall maintain and upd.ate, as required, its list of persons requiring help during evacuation. Policy PO L ICY CM -1,7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. PolieyPOLICY CM -1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. 11.4 .1411.111.4.1 1 1 Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. :12-2013, Exhibit "C" 0-bjeetiveOBJECTIVE CM -1.8 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. PolleyPOLICY CM -1 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. PolictP0 LI CY CM -1,8.2 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. PotieyfOL ICY CM -1,8.3 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 recomm.enda Lions of :interagency hazard mitigation reports into the Comprehensive Plan. OBJECTIVE CM -1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent inith 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. policylp,.Qucy CM -1,9.1 The City shall evaluate the number, type, and location of existing shoreline access points to determine if more are needed and how they will be financed. PolieyPOLICY CM -1„9.2 The City shall continue to encourage public access at the time of development of the areas along the beach. Coastal Management Element .Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exhibit "C" ,I2Blic POLICY CM -1.9.3 The City shall enforce public access to beaches renourished at public expense. Mic POLICY CM -1.9.4. The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. T-eiic-yPOLICY CM -1.9.5 The City shall provide transportation or parking facilities for beach and river shoreline access, to the extent feasible. Obic-tive0BjECTIVE CM -1.10 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.. Po1ieyPOLICY CM -1,10.1 The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. PelieyPOLICY CM -1,10.2 As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. P-ati+...--yPOLICY CM -1.10.3 The City shall maintain a list of historic resource sites, to be used to cross-check against proposed development. Obiective0BIECTIVE CM -1.11 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 of infrastructure when needed, plus the degree to .which the following Policies are implemented. PeliPOLICY CM -1.11.1. The City shall require developers to finance and install water and sewer lines, drainage facilities and locai streets to serve development as it occurs, consistent with concurrency management. Coastal Management Element Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exhibit P-elicyPOLICY CM -1.11.2 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. PoliegOLICY 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. e OBJECTIVE CM -1.12 The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. P-olieyPOLJCY CM -1.12.1 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 IVIanagement District. POLICY CM -1.12.2 The City will ensure that any stormwa ter management,. aquifer recharge, and water reuse policies and projects are consistent with the Goals of the SIRWMD's Indian River Lagoon I3asi11 program, including_its_Comprehensive C.onserwaion Management. Plan, to restore and protect the Indian River Lagoon through the enhancement of water quality and n a tura l,,,syst ems in the basin, POLICY CM -1.I 2.3 The City will ensure that any new regulation to protect water resources is consistent with SIRWMD's environmental resOUTCe permitting and consumptive permitting, use permittingrules. POLICY CM -1.12.4 The City will.promote and encourage the use of low impact development techniques (such as the Florida Water StarS" program, which is a point based, new home certification program for .water -efficient developments, similar to the Federal Enerq,y, .Star program), 6aul ual. 4.411.441.0.4 Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" The City of Cape Canaveral Comprehensive Plan INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES and POLICIES INTERGOVERNMENTAL COORDINATION ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" GOAL 1G4 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 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. PolieyPOLICY 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 PalieyPO I, ICY 1G-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. 12elieyPOLICY 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. oi 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. -PolicyPOLICY 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 consistent with MOT 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. INTERGOVERNMENTAL COORDINATION ELEMENT Page 2 .Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" rPolicyPO LI CY 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. PolicyPOLICY 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. PoheyPOLICY 1G-1.2.4 The City shall coordinate any proposed or requested annexations with Cocoa Beach and/or Brevard. County. PtAieyPOLICY 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. cyPOLI CY 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. 12eliey.P0 1...,1 CY IG -1.2.7 The City will share information on level -of -service issues with the following entities: 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). ObiectiveOBJECTIVE 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 SIRWMD, 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. 111111111 11 1111111111111111111 111111111 1111111.1011 I 11 IN'TERGOVERNMENTAL COORDINATIONELEMENT Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" PolicyPOLICY 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 issue no development orders or permits without first consulting with the City of Cocoa (the City's potabie water service provider) to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the City of a certificate of occupancy or its functional equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent. POLICY IG -1.3.3 The City will maintain a water supply facilities vvork plan that is coordinated with SIRWMD's District Water Supply Plan and the City of Cocoa by updating its own work plan within 18 months of an update to SIRWMD's District Water Supply Plan that affects the City. POLICY 1G-1.3.4 The City will participate in the development of updates to SIRWMD's Water Supply assessment and District Water Supply Plan and in other water supply development related initiatives facilities by the SI RWIYID that affects the City. 42plieyPOLICY IG -1.3. 52 The City shall discuss and share 'information on infrastructure services regarding proposed development with the Canaveral Port Authority (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 FOLIC Y G-1.3.3(? The City's comprehensive plan shall coordinate with and follow the direction of SJRWMD's Regional Water Supply Plan. The comprehensive plan will be amended within 18 months of an adopted update to the Regional Water Supply Plan. Obje OBJECTIVE IG -1.4: The City shall pursue creation of the administrative and financial rnechanisrns necessary to achieve the goats and objectives of the City of Cape Canaveral 2007 Redevelopment Plan. INTERGOVERNMENTAL COORDINATION ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-21113, Exhibit "D" J-eiieyPOLICY 1G-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 com.mercial and residential properties. Federal and State 'Brownfields designations will also be pursued where appropriate. 12-o1icPOLICY 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. 12e14EyPOLICY 1G-1.4.3: The City shall identify and evaluate the various City Boards and how they interact and overlap with each other. Gi. GOAL 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 Nvi th residential development and infrastructure. ObjeetiveOBJECT1VE 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. Pol4eyPQL.1cy 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) Coord inating and sharing information b) Placement of schools and ancillary facilities c) Amendment and review f the Comprehensive Plan d) Site design and development plan review INTERGOVERNMENTAL COORDINATION ELEMENT Amended November 19, 2013 Page 5 Ord. No. 12-201.3, Exhibit "D" e) Joint development of schools, parks and other uses f) implementation of school concurrency g) Implementation of Interlocal Agreement amendments h) Resolution of disputes Peli€yPOLICY 1G-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 of School Board data, provision of determinations of impact fee fund distribution and review of proposed school concurrency amendments to local government comprehensive plans 14444eyPOLICY 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.. PolicyPO LACY 1G-2,1.4 The City shall provide the School Board with applications for new development in accordance with the provisions in the Interlocal .Agreement. 42(41-iPOLICY The City shall coordinate with the School Board regarding the Board's appointment of a. non- voting member to the Planning and Zoning Board. Objective0BIECTIVE The City shall adopt regulations necessary to u plement school concurrency. Pelie-yPOLICY 1G-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 Amended November 19, 2013 Page 6 Ord. No. 12-2013, Exhibit "E" City of Cape Canaveral Comprehensive Plan CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES and POLICIES CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" GOAL C14 The overall goal for the Capital improvements Element of the City of Cape Canaveral is to provide a program to coordinate the liming 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 principlethat the Capital Improvements Element is to serve as a tool for decision-making by the City government. 01,:feetiVe- ..„).1.1p"IF,(1'. 13 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. -"CA...I CA' CI -1.1.1 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. The City shall accormnodate the public facility needs of new growth on an ongoing basis. , 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 /1.000 population for all parks. *Open Space: one acre/1.000 population B. SANITARY SEWER: 118 gallons per person per day CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" 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. POLICY CI -1.1.5 CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" The City shall allocate costs of new pubic facilities according to benefits received by existing and future residents. gbieetiveA„):16:1 EC,M1 v ECI-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-seryice 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 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. CAPITAL IMPROVEMENTS ELEMENT Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "E" 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. io I]r1\" 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 coastai 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. 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 ail 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 protectoii. CAPITAL IMPROVEMENTS ELEMENT Page f3' Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" 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). POLICY C1-1.4.4 The City will maintain a water supply facilities work plan that is coordinated with SIRWMD's District Water Supply Plan and the City of Cocoa by updating its own work plan within .11B months of an update to SIRWMD's District Water Supply Plan that affects the City. Policy 0-1.4.5 The City of Cape Canaveral recognizes that it relies upon the City of Cocoa for the provision of potable water for its residents, businesses and visitors, and as such the City is within the SlRWIVID's iurisdiction and that the continued supply of potable water will be dependent upon afl local governments striving to maintain demand for potable water at sustainable levels. As such, the City v\'ill: A. Continue to maintain relationships .with the SI RW.IVID and the City of Cocoa to maintain or reduce potable water consumption through education, conservation, and participation in ongoingprograms of, the region, county, and city including coordinating, local conservath2a0pcalion efforts with the SIRWMD and the City of Cocoa programs, B. Require landscaping- in all new development or redevelopment to uselvaterwise landscaping and irrigation standards and require functioning rain -sensor devices on all automatic irrigation systems on botlinew and existing systems. C. Recognizing that the City is located in an area that the SIRWMD identifies as a priority water resource caution area", the City shall maintain community Jier capita usage of potable water at or below 121) gallon per capita per day (gpcpd) and will continue to work together with the City of Cocoa and the SIRWMD to reduce demand within lhe City forTotable water. The City shall inform residents and businesses of, and shall encourage their participation in the City of Cocoa's .water conservation programssuchas :the toilet rebate program. 'Policy CI -1.4.6 The City of Cape Canaveral recognizes that the City of Cocoa provides their potable water and although no capital, improvement projects are necessary within the Cityof Cocoa, or for which the City of Ca pe Canaveral wili be financially responsible in connection with supply of potable water to the City and its businesses and residents, the City of Cape Canaveral will support and coordinate with the City of Cocoa,s1s CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended. November 19, 2013 Ord.. No. 12-2013, Exhibit "E" necessary, to assist in the tation of the potable water Capital Improvements projects. GOAL CI -2 The City shall support the Brevard County School Board in its efforts to provide a financially feasible public school. facilities program. 4.1i2,43,14H; 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 I'Vork 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 five-year period. And by December 1 of each year thereafter, the City viI1 adopt the annually updated School District Five Year ‘Alork 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 Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "F" City of Cape Canaveral Comprehensive Pian PUBLIC SCHOOLS FACILITIES ELEMENT GOALS, OBJECTIVES and POLICIES PUBLIC SCHOOLS FACILITIES ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F"' GATE-C4A-NAVERAL-COM-RRIATENSIVE-PLAN GH-A-P-TERA, 14-113. ''''1100L-FACIIATIES-ELEMENT F -CONTENTS Goal,--Objectives-and-Polieles Appendi*-A---M it p -Series PUBLIC SCITOOLS FACILITIES ELEMENT Amended November 19, 2013 Page 18 Page 2 - 9 t AN T Ord. No. 12-2013, Exhibit "F" ENT GOAL PS -1 TO PROVIDE A PUBLIC SCHOOL SYSTEM THAT OFFERS A HIGH QUALITY EDUCATIONAL ENVIRONMENT, PROVIDES ACCESSIBILITY FOR ALL OF ITS STUDENTS, AND ENSURES ADEQUATE SCHOOL CAPACITYTO ACCOMMODATE ENROLLMENT DEMAND WITHIN A FINANCIALLY FEASIBLE SCHOOL DISTRICT'S FIVE-YEAR CAPITAL FACILITIES WORK PROGRAM. 013-feetiveOBJ E CT1 E PS -I.1 Maintain adequate school facilities in Brevard County Schools by adopting a concurrency management system to address the need frr correction of school facility deficiencies through a tiered level of service for the short and long term planning periods. .:PalieyPOLICY To ensure that the capacity of all schools is sufficient to support student growth at the adopted LOS for the .five-year planning period and trough the long term planning period for each CSA, the Parties hereby establish a Tiered LOS to achieve the adopted LOS. Upon achieving the LOS standard of 100% of permanent FISH capacity,by school .year 2011- 2012, the Tiered LOS will be terminated. TIE' ED LEVEL OF SERVICE - SCHOOL YEAR 20074810 2011.,1 Facility Type 2001-08 200849 20091O 201011 2011-1' Elementary Schools 127% .„,1:011011„q1;SC,111001*,',,...." , 122% Junior / Senior High Schoots 1 133% High Schools 139% sourec: Kimley-Hom uid Associates, Inc. 2007 130% 126% 135% 130% 105% 100% 100% 1100%, 100% 100% PolieyPOLICY PS -1. 1 .2 Cape Canaveral hereby adopts the School Board's current publie school attendance boundaries, as the Concurrency Service Areas (CSA). -12+41-eyPOLICV PS -1.1.3 Concurrency shall be measured and applied using a geographic area known as a Concurrency Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by the School District. .Either Cape Canaveral or the School District may propose a change to the CSA boundaries. The tbllowing procedures shall be used or modifying a CSA map: PUBLIC SCHOOLS FACIIJ'IiES ELEMENT Amended November 19, 2013 Page 3 Ord. No. 12-2013, Exhibit "IT" A. The School District will transmit a proposed CSA map modification with data and analysis to support the change to the Cities, the County, and the Capital Outlay Committee (COC). Any proposed change to a CSA shall require a demonstration by the School District that the change complies with the public; school LOS standard and that utilizaticm of school capacity is maximized to the greatest extent. possible. B. Cape Canaveral and the COC will review the proposed modification of the CSA and send their comments to the School District within 45 days of receipt of the proposed change. C. State transportation costs, court approved desegregation plan, and other relevant factors must be considered when ensuring the maximum utilization of school capacity when considering a change to a coneurrency service area. D. The modification of a CSA shall be effective upon adoption by the School Board. PolieyPOL1CY PS -1.1.41 The Parties shall observe the following process for changes in the use of schools.: I. At such time as the School District determines that a school change is appropriate considering the appropriate use of the school and utilization requirements, thc School District shall transmit the proposed school change in use and data and analysis to support the changes to the Capital Outlay. Committee and the Staff Working Group. 2. The Capital Outlay Committee and the Staff Working Group shall review the proposed changes to the school use and send their comments to the School District within forty five (45) days of receipt. 3. The change in school use shall become effective upon final approval by the School Board.. 0 bjective0 BJ E CT1 PS -1.2 Cape Canaveral shall ensure a school concurrency evaluation shall be performed by the Brevard County School District to review projected residential development in order to accommodate new students at the adopted level of service for adequate school facility capacity. PolleyPOLICY PS -1.2.1 Cape Canaveral shall not approve any non-exempt residential development application for a new residential preliminary plat,site plan or functional equivalent until the School District School has issued a School Capacity Availability Determination Letter (SC'ADL) verifying, available capacity. PUBLIC SCHOOLS FACILITIES ELEMENT Page Amended November 19, 2013 Ord. N 12-2013, Exhibit "F" 1 PolietPOLICY PS -1.2.2 Cape Canaveral shall consider the .following criteria to exempt residential uses from the requirements of school concurrency: Criteria: A. Single family lots of record, existing at the time the schooi concurrency implementing ordnance becomes effective. B. Any new residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. C. Any amendment to any previously approved residential development that does not increase the number of dwelling units or change the type, of dwelling units (single-family to multi -family, etc.). D. Age restricted communities with no permanent residents under the age of 1 8. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 1 8 years and older. PolleyPOLICY PS -1.2.3 Cape Canaveral. through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential projects that are not exempt under Policy PS -1.2.2. The minimum process requirements.,ire described 'below: A. A residential development application including a School Impact Analysis (SIA) is submitted to the city for review. 13. Cape Canaveral determines that the application is complete fbr processing and transmits the SIA to the School District for review. C. The School District reviews the application for available capacity and issues a School Capacity Availability Determination Letter (SCADL) to the city: I. If capacity is 'available within the affected CSA. the School District shall issue a SCADL verifying available capacity. 2. If capacity is not available within the affected CSA, contiguous CSAs are reviewed for available capacity. 3. If capacity is available in the contiguous CSAs, the School PUBLIC SCHOOLS FACILITIES ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" District shall issue a SCADL verifying available capacity in the adjacent CSAs. 4. If capacity is not available in the contiguous CSAs, the School District shall issue a SCADL indicating the development is not in compliance with the adopted LOS and offers the developer a 90 -day negotiation period for mitigation. HeyPOLICY PS -1.2.4 Cape Canaveral in conjunction with the .School District shall review developer proposed applications for proportionate share mitigation projects to add the school capacity necessary to satisfy the impacts of a proposed residential development. Mitigation options may include, but are not limited to: A. Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or B. 'Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or C. Donation of buildings for use as a primary or alternative learning .facility; or D. Renovation of existing buildings for use as learning facilities; or E. Construction or expansion of permanent student stations or core capacity; or Construction of a public school facility in advance of the time set forth in the School District's Five -Year Capital .Facilities Work Program. PolieyPOLICY PS -1.2.5 For mitigation measures in Policy PS -1.2.4 (A) thru (F) above, the estimated cost to construct the mitigating improvement will reflect the estimated future construction costs at the time of the anticipated construction. A. Improvements contributed by the developer shall. receive sehooschool impact fee credit. B. The cost difference between the developer's mitigation costs and the impact fee credit, if greater, shall be the responsibility of the developer. PUBLIC SCHOOLS FACILITIES ELEMENT Page 6 Amended November 19, 2013 Ord. No. 12-2013. 'Exhibit L C Y PS -1.2.6 Cape Canaveral and the School District shall provide a 90 -day negotiation period to allow for the review and negotiation of proportionate share mitigation. offers proposed by a developer. Criteria: A. If mitigation is approved, Capc Canaveral and the School District enter into an enforceable binding agreement with the developer and the improvernent(s) \yi] be included in the School District's annually adopted Five -Year Capital Facilities Work. Program and reflected in the next update to the Capital Improvements Element. 13, if mitigation is denied, the City must deny the application based upon no available school capacity. C. Cape Canaveral shall not issue any permits for a residential development until receiving confirmation of available school capacity in the f'orm of a SCADL .front the School District. PolieyPO CY PS- 1 .2.7 Cape Canaveral shall, upon acceptance of a mitigation option identified in Policy ps- 1.2.4, enter into an entbrceabie binding agreement with the School District and the developer. PolieyPOLI.CY PS -1.2.8 Cape Canaveral shall notify the School District when an approved residential development has paid impact fees and when the development order Im the residential development expires. 01)fee4iv-a) BJECT1V E PS -1.3: Beginning with an effective date of 2008, all new public schools built within the City of Cape Canaveral will be coordinated with the School District to be consistent with the City's Future Land Use Map designation to ensure facilities are proximate to appropriate existing and .future land uses, serve as community focal points, are co -located with other appropriate public facilities, and will have needed supporting infrastructure. Jo1icPOLiCY PS -1 .3.1 Cape Canaveral, in conjunction with School District, shall jointly determine the need fdr, and timing of, on-site and off-site improvements necessary to support a new school.. P-olieyPOLICY PS -1.3.2 Cape Canaveral shall enter into an agreement with the School Board identifying the timing, location,and the party or parties responsible for the planning, constructing, operating, and maintaining off-site improvements necessary to support a new school or school improvement to ensure that the necessary infrastructure is in place prior to or concurrent with construction. PUBLIC SCHOOLS FACILITIES ELEMENT Amended November 19, 2013 Page 7 Ord. No. 12-2013, Exhibit "F" PolieyPOLICY PS -1.3.3 Cape Canaveral shall encourage the location of schools near residential areas by: A. Assisting the School District in the identification of' funding and/or construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements. B. Reviewing and providing comments on all new school sites including the compatibility and integration of new schools with surrounding land uses. C. Allowing schools within all residential land use categories. P-oli POLICY PS -1.3A Cape Canaveral, in conjunction with the School District, shall seek opportunities to co -locate schools with public ftwilities, such as parks, libraries, and community centers, as the need for these facilities is identified. PoIieyPOLICY PS -1.3.5 Cape Canaveral, in conjunction with the School District, hereby designates the Capital Outlay Committee (COC) as the monitoring group for coordinated planning and school concurrency in Brevard County. Peke-yPOLICY PS -1.3.6 School concurrency shall become effective upon the adoption of this element (Public School 'Facilities Element). Additionally, the City of Cape Canaveral shall adopt school concurrency provisions into its Land Development Regulations (LD R) to further implement school coneurrency. PDlieyPOLICY PS -1.3.7 Cape Canaveral, in conjunction with the School. District and the municipalities within the Brevard County shall identify issues relating to public school emergency preparedness, such as: A. The determination of evacuation zones, evacuation routes, and shelter locations. B. The design and usc ..)f public schools as emergency shelters. C. The designation of sites other than public schools as long-term shelters, to allow schools to resume normal operations following emergency events. PUBLIC SCHOOLS FACILITIES ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" Objective0BJECTIVE Beginning with an effective date of 2008 and no later than December 1 of each year thereafter, the Cape Canaveral will include in its Capital Improvements Element (CIE), the School District's annually updated live -year schedule of capital improvements as adopted by the School Board, which identifies school facility capacity projects necessary to address existing deficiencies and meet .luture needs based upon achieving and maintaining the adopted level of service standard for schools. PolleyPOLICY PS -1.4.1 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 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. Poll POLICY PS -1.4.2 Cape Canaveral shall annually coordinate reviewof the entire Public School Facilities Element, including school enrollment projections, in conjunction with the School. District and other local governments through the Capital Outlay Committee. This will provide an annual update of the process, including the Public 'School Facilities Element and. maintain a public school facilities map series which are coordinated with Cape Canaveral's Future Land Use Map or Map Series, including the planned general location of schools and. ancillary .facilities for the five-year planning period and the long-range planning period. The Map Series shall include.: A. Existing Public School Facilities Map - type and location of ancillary plants B. Five -Year Planning Period Map - generally planned public school facilities and ancillary plants PolieyPOL1CY PS -1.4.3 Cape Canaveral, in conjunction Nv t h the School District, shall coordinate the long range public school facilities map with its comprehensive plan and future land use map. The 1 .Map shall be included in the 'Map Series provided in Policy PS -1.4.2. A. The Long Range Planning Period Map - generally planned areas of future public school facility needs, PUBLIC SCHOOLS FACILITIES ELEMENT Amended November 19, 2013 Page 9 Ord. No. 12-2013, Exhibit "G" City of Cape Canaveral Comprehensive Plan CONSERVATION MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Conservation Element Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" GOAL i1111-1 „ Provide for the preservation and conservation of the City's natural resources so that the economic, sociai and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. 1111431eqk,11:i33e-111)13''.11:1„„.1T1111iE.1 Maintain or 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. Join with other governmental entities in the area in an effort to prevent major industrial air polluters from locating within the coastal zone. PolicyPOLI C -i 1.2: Prohibit un -permitted open burning of trash and debris within the City. Policy, )0 AO( C - The City shall encourage alternative forms of transportation in conjunction with new development or new roadway projects (e.g., car pooling, mass transit, etc.). C-1.1.4: 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 a.nd_determine if a periodic air-quality modeling program would be useful and feasible. (7.717.111"V" 11"1. 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. 12(4ieyrC)1..,ICY Enforce the City's Stormwater Management Ordinance for control of stormwater runoff. 1111111 1111111 I 1 11411 1 M/1,11,1,1111.11•Il 11 Conservation Element Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" ,1441,ey;), .1CY C-1,2.2: Continue to work with Brevard County in enforcement of its ordinance requiring recirculation of water used for heat pumps. Minimize man -induced sedimentation, excessive freshwater runoff, and other non -point source pollution into the Banana River and the Atlantic Ocean. P01..1C1Y 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. The City shall ensure that its Land Development Regulations contain a requirement making development contingent upon the availability of adequate potable water. The City shall evaluate alternatives for the conservation of existing water supplies. The City shall evaluate the need for retrofitting stormwater systems which do not meet existing State standards. E,e11C-i2.8: The City shall maintain an ordinance which prohibits the removal of littoral vegetation from. the Banana River. C-12.9: 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. LICY C-1„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. 11 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. Conservation Element Page 3 Amended November 19, 2013, Ord. No. 12-2013, Exhibit "G" 1,440c4"OLR,'"Y Continue to enforce the City's landscaping and tree ordinances to help prevent soil erosion and to protect trees within the City. Pt. '11" 3.2: Work with private developers to preserve, where possible, indigenous plant communities. H.,J1,1(:Y “.3.3 The City shall promote protection of environmentcilly sensitive areas, beach preservation and tree protection. B 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. I Y C- 4.1: Join \Aal) other governmental entities in the area in an effort to prevent major water polluters from locating vvithin the coastal zone. 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. Potiti,sy,P01...3CY Work with private developers to preserve, where possible, indigenous animal communities and regionally significant natural vegetative communities. 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. PO The City shall adopt an ordinance providing for measures to protect sea turtle nesting activities. rnmnaMMOMMon. Conservation Element Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" Pokx vPtl I The City shall enact an ordinance which provides for adequate upland buffering of the only shoreside wetland in Cape Canaveral. 42t..41A )(,) 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. 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. 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." 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 5 Amended November 19, 2013 Ord. No. 12-2013. Exhibit "H" City of Cape Canaveral Comprehensive Plan PARKS and RECREATION ELEMENT GOALS, OBJECTIVES and POLICIES RECREATION ELEMENT Amended November 19, 2013 Page 1 Ord. No. 12-2013. Exhibit "H" GOAL R-1 The overall goal of the Recreation and Open Space Element is to assure that citizens of ali 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 -OBJECTIVE R-1,1 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. gelic-yPOLICY R-1.1.1 The City shall continue with its current efforts to obtain and maintain additional public beach access points for passive recreation or conservation. PralieyPOLICY R-1.1.2 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. PolieyPOLICY The City shall cooperate with all government agencies to maximize the use of available facilities. golieyPOL1CY The City shall require that its parks and recreational facilities be available and accessible to the handicapped. P-olic-yPOLI CY R-14 .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. feet -We -OBJECTIVE R-1.2 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. Po POLICY R-1.2.1 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. P-elicyPOLICY R-1.2.2 RECREATION ELEMENT Amended November 19, 2013 Page 2 Ord. No. 12-2013. Exhibit "H" The City shall continue to require that certain recreational .facilities be provided as a part of large developments. OBJECTIVE R-1.3 The City shall determine its need to develop, own and manage open -space areas. The measurement of this Objectiveis the degree to which the following Policies are implemented. Polic-POLICY R-1.3.1 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. eJieyPOLiCY R-1..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 lake any other steps necessary to acquire and manage the open -space property in question. PolicyPOLICY R-1.3.3 The City shall ensure that open space standards and definitions are included in its Land 'Development Regulations. P-elieyPO LI CY R-1„3.4 The City hereby adopts the followin.g level-k)f-service standard for open space: two acres per one -thousand population. Objectiv-e-OBJECTIVE R-1.4 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 Amended November 19, 2013 Page 3 Ord. No. 12-2013. Exhibit"H" P-olicyPOLICY The City shall monitor the need for additional recreational and open -space areas and strive for 3 acres/ 1000 population for all parks, PolieyPOLICY 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. P-eli1301_,ICY R-1.4.3 The City shall pursue provision of additional parks with amenities such as restroorns and pavilions. RECREATION ELEMENT Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" The City of Cape Canaveral Comprehensive Plan HOUSING ELEMENT GOALS, OBJECTIVES and POLICIES HOUSING ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" GOAL H-1 Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary housing at an affordable price. Obiective OBJECTIVE H -L1 .Periodically review and update the regulations and limitations regarding housing construction in the different zoning districts of the City in order to maintain and/or upgrade existing standards of housing in terms of floor space, lot size, etc. The measurement of this Objective is the actual review and update of these regulations,/ plus the degree to which the following Policies are implemented. PoticyPOLICY H-1.1.1 The City shall continue to re View and update of the regulations and limitations regarding housing construction. Poliey-POLICY The City shall adopt updates to the standard building, housing, plu.mbing, electricai and similar codes as these occur and as feasible. Polic)4?0LICY H-1.1.3 The City shall evaluate housing implementation programs available to the City. etiveOBIECTIVE H-1.2 The City shall identify and implement measures which facilitate the provision of additional decent, safe, and sanitary affordable housing in the community to address the unmet housing needs of th.e lower-income segment of the population. The measurement of this Objective is the extent to which housing needs are met for the general populace, lower-income families and those with special needs, plus the degree to which the fc.).1lowing policies are implemented. Poliey.POLICY 11-1.2.1 The City shall work with the private and non-profit sectors as well as with other public entities to improve coordination among participants involved in housing production. Po-keyPOLICY H-1.2.2 The City shall periodically review the regulatory and permitting process and will improve it as deemed necessary. • .441 al I 11•••11 I HOUSING ELEMENT Amended November 19, 2013 Page 2 Ord. No. 12-2013, ExFiibit "1" PoliciiPOLI CY H-1.2.3 The City shall utilize existing and updated standards addressing the quality of housing and the stabilization of neighborhoods and identification of historical buildings. 12RlieyPOLICY Communicate with the Brevard County Housing Authority to facilitate federal, state and local resources to increase the supply of affordable housing for low- and modera te- income households and elderly/handicapped residents. teetiveOBJECTIVE 14-13 Protect existing and future neighborhoods from impacts that would negatively affect the quality of the residential environment and eliminate substandard housing conditions and work toward the structural and aesthetic improvement of existing housing. By 2015, the City shall have prepared an assessment of the existing substandard housing units as defined by Rule 9.1-5 F.A.C. and investigated the programs and funding. sources available to upgrade the individual structures to a standard condition. The measurement of this Objective is the number. of substandard housing units eliminated and the amount of structural and aesthetic imprk.)vement of existing housing, plus the degree to 'which the following Policies are implemented. Polic-yPOLICY H -t3.1 The City shall., as needed, develop principles and standards to guide conservation, rehabilitation and demolition techniques and strategies to upgrad.e housing within the City. Obi OBjECTIY H-1.4 Provide adequate sites for low- and moderate -Mamie families and for manufactured homes. The measurement of this Objective is the number of sites for low- and moderate - income families and for manufactured homes within the City, plus the degree to which the following Policies are implemented. getti -e-yPOLICY The City shall cooperate with the Brevard County Housing Authority to make available the 'Rental Assistance Programs for Iow- and moderate- income families. Peli--eyPOLICY The City shall develop principles and criteria guiding the location of housing for low - and moderate- .income families, including supporting infrastructure and public facilities. HOUSING ELEMENT Amended November 19, 2013 Page 3 eOBJECTIVE H -L5 Ord. No. 12-2013, Exhibit "I" Provide adequate sites in areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. The measurement of this Objective is the number of sites available for such facilities, plus the degree to which the following Policies are implemented. PolietPOLI CY H-1..5.1 The City shall permit housing for Iow- and moderate- income families in manufactured homes, group homes„ foster care facilities, and households with special needs, including supporting infrastructure and public facilities as defined, licensed or funded by the. Florida Department of Rehabilitative Services shall be permitted in residential districts Obieetive0BfECTIVE H -L6 The City shall take steps to identify and preserve all historically -significant structures to include funding for an archeological/historic property survey of the City. P.oliey-POLICY As structures in the City attain historical significance, such structures shall be identified„ The City shall continue working with the appropriate agencies and develop a process for designating historical structures consistent with the Florida Master Site File, National Register of Historic Places or other designating entity.. getiey.POLI.CY The City shall consider arranging for a systematic, professional, architectural and. historical survey to determine the possible presence of historically -significant structures within the City. Po1icyPOLICY1-1-1,6.3 The City shall consider the adoption of an appropriate Historic Preservation Ordinance to assist in the preservation of historically -significant structures, PelieyPOLICY When Brevard County establishes a I...,ocal Register of Historic Places, the City shall periodically exchange information with that agency relative to any historic places in Cape Canaveral. et4ve0BIECTIVE H-1.7 Provide necessary relocation housing. The measurement of this Objective is the provision Of relocation housing when it is needed, and the degree to which the following Policy is implemented.. A ImArm 14440a1114/444 A .111,144116 IY IA 0.1514,1/4.•uo HOUSING ELEMENT Amended November 119, 2013 Page 4 Ord. No. 12-2013, Exhibit "I" golieyPOLICY If occupied housing is eliminated hy City action, relocation housing and/or assistance shall be provided as required by law. (Section 421.55, .Florida Statutes) OBJECTIVE H-1.8 Formulate housing implementation programs. The measurement of this Objective is the end product plus the degree to which the following Policies are implemented.. PolicyPOLICY The City shall investigate and evaluate various housing implementation programs in order to determine those programs vhich are best for Cape Canaveral. Pe44ey POLICY H-18.7 The City shall investigate and shall decide which, if any, of the various housing implementation programs shall be used by the City. OBJECTIVE H-1.9 Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low-income and moderate -income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the folloixing Policies are implemented. .P-e-lieyPOLICY 1-1-1.9.1 The City shall encourage residential developments such as Planned Unit Developments to provide a variety of housing types and cost ranges. 12elieyPOLICY 1-I-1,9.2 The City shall prohibit placement of mobile homes ou outside of mobile home parks. PelieyPOLICY 1:1-1.9.3 The City shall promote single-family and other low density housing types to balance the many high-density residential developments in the community.. 12elieyPOLICY H-1,9.4 The City shall encourage innovative housing development and creative residential land use arrangements through the development regulation process. ..A4A I 111,1,1 1. 11 141.1 .1 HOUSING ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" City of Cape Canaveral Comprehensive Plan TRANSPORTATION ELEMENT GOALS, OBJECTIVES and POLICIES Transportation Element Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "1" GOA T-1 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. bj-ect &OBJECTIVE T-1 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. 124icyP01...,ICY T-1,1.1 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. 124leyPOLICY The City shall work with the 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"). The City commits to maintain that 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 (IVIAV ratio) exceeds 1.10, it will trigger a procedure in accordance with 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. 12414eyPOL IC Y T-1.1.3 The City shali 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. -P-414ef-P01,1CY T-1.1.4 Transportation Element Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" 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 he developed. .Furthermore, with respect to S.R.-Al A, 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. Pol icy:POLICY T-14_5 The City shall implement its policy of consideration of bicycle and pedestrian ways in the planning of transportation facilities. 12.k-ilicyPOLICY 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. Polieyl)OLICY T -L1.7 The City shall control access of driveways and roads to SR -Al A; 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 classifica Lion. PoWyPOL1CY The City shall support forms of transportation which are alternatives to individualized vehicle use, such as: pedesbian facilities, bicycle i,VaVS, car-pooling, mass transit, etc., and support greater connectivity with the Central Florida region. 4olicv2OLICY The City shall work with the FDar in the protection and management of S.R.-N1 A. 42fa4ieyPOLICY T-1,1.10 For projects that degrade the roadway .leve..1-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. lf, however, the facility is not scheduled within the first three years of the five-year capital improvement schedule, the City Mil calculate a proportionate fair -share contribution based on the formula provided in the Cit v Code. .12t4tit,vir'()1,1(2Y T-11.11 Transportation Element Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" 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. PolitTPOLICY T-1 2 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. Poliey POLICY T-1,1.13 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. 4.24lieyIN"..)LICY1-1.1.14 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 feasibkas an alternative means of transportation around the City and to further reduce greenhouse gas emissions. Poliev- PO L I CY T- 1.135 Best Development Practices - The City hereby adopts and endorses the general principals of Reid Ewing's April 1996 "Best Development Practices." The City wili specifically require the following principles for residential subdivisions: 1. Development shall allow for through streets spaced no more than1/2 mile apart. 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 applica.ble. Transportation Element Amended November 19, 2013 Page 4 Ord. N. 12-201.3/. Exhibit "J" 11241icyPO,ICY T-1.1.16 The City shall coordinate with Brevard County on a trail and, blue -way system. C_Nyieetiv OBI 'CLIVE T-1,2 The City shall coordinate the traffic circulation system with the future land uses shown on the future hind 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 PO L. CY T-12.1 The City through the future land use map shall ensure that the level of service "E" is maintained. 1 Policy POLICY T-1,2.2 The City shall require new development to construct or fund road improvements to meet the established level of service "E". .1441cy PO L 'T- L2.3 The City will review the Traffic Circulation Elements for the City of Cocoa Beach and the Canaveral Port Authority in order to insure compatibility NVith those respective plans and the plans of the City. This shall include right-of-way needs, access management, and level of service standards. 12010-,P01,ICY 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 )Arili consider providing strategically placed bicycle racks. Obieetive-0131 -CT1VE T -L3 The City shall work with the Florida Department of Transportation, Brevard County, the 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.. PolicyPOL1CY 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. Transportation Element Amended November 19, 2013 Page 5 Ord. No. 12-2013, Exhibit "J" lievPOLICY 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 PO ICY T-1,3.3 The City shall discuss with the Space Coast Area Transit Authority to determine if and when transit service should hi provided within Cape Canaveral. Olafeetive-011311.•LCTIVE 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 Nvhich the following Policy is implemented. PolloyPOLICY T-L4:i 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.-Al A, 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. 12olieyPO1ICY T -L4.2 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. PolicyPOLKY T-1.4-3 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 POI_ ICY T-14.4 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 neeessar,,,,,,, Transportation Element Page 6 Amended November 19, 2013 Attachment 2 1 City of Cape Canaveral 2 Infrastructure Element Data and Analysis Appendix 3 Water Supply Facilities Work Plan 4 5 I. BACKGROUND AND PURPOSE 6 The purpose of the City of Cape Canaveral Water Supply Facilities Work Plan 7 (hereinafter referred to as "Work Plan") is to identify and plan for the water 8 supply resources and facilities needed to serve existing and new 9 development within the local government's jurisdiction. According to state 10 guidelines, the Work Plan and the comprehensive plan amendment must 11 address the development of traditional and alternative water supplies, bulk 12 sales agreements and conservation and reuse programs that are necessary 13 to serve existing and new development for at least a 10 -year planning 14 period. The planning period for the City of Cape Canaveral is FY2011 through 15 FY2025. 16 The Work Plan is prepared in conformance with Section 163.3184(3) (a), Florida 17 Statutes (FS) and Rule 9J -11.006(1)(a)3, Florida Administrative Code (FAC). 18 This document provides for the work plan requirement and provides for 19 coordination between the City's land use planning and water resource 20 planning. 21 II. INTERGOVERNMENTAL AGREEMENT 22 The City of Cape Canaveral does not have a central potable water system. 23 The City of Cape Canaveral obtains its potable water supply from the system 24 owned and operated by the City of Cocoa under an intergovernmental 25 franchise agreement. The City of Cocoa has supplied central Brevard 26 County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air 27 Force Base and a large population of unincorporated central Brevard County 28 with high quality drinking water since 1957. The cities of Cocoa and Cape 29 Canaveral entered into a 30 -year water franchise agreement in 1964 which 30 expired in 1994. In 1994 the City of Cocoa entered into another 30 -year 31 water franchise agreement with The City of Cape Canaveral which expires in 32 2024. The City should maintain its potable water agreement with the City of 33 Cocoa through expiration. 34 The agreement states that the City of Cocoa will provide potable water for 35 all of Cape Canaveral with the understanding that Cocoa has been granted 36 easements and rights-of-way for existing and future potable water distribution 37 facilities. In addition, the City of Cocoa is responsible for maintenance, 38 improvement, and expansion of the potable water distribution system within 39 Cape Canaveral. 40 The City of Cape Canaveral has enabling policies within the Comprehensive 41 Plan for the intergovernmental water franchise agreement for the provision of 42 potable water by the City of Cocoa. The City's Potable Water Sub -element 43 Objective PW -1.1 states that Cape Canaveral will cooperate with Cocoa to DRAFT -08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 1 44 assure and maximize the use of existing water facilities for all existing and 45 future residents and businesses. The City of Cape Canaveral will, for the 46 duration of the water franchise agreement, encourage infill development to 47 limit urban sprawl. 48 Potable Water Sub -element Policies PW -1.1.1 and PW -1.1.2 state that the City 49 will cooperate with Cocoa to ensure that potable water is provided to the 50 citizenry of Cape Canaveral and that all new development will be required 51 to install potable water distribution facilities and connect to Cocoa's potable 52 water system. 53 Potable Water Sub -element Policy PW -1.1.3 states that Cocoa is responsible 54 for replacement, correcting existing deficiencies, and providing for future 55 facility needs. 56 Potable Water Sub -element Policy PW -1.1.4 establishes the adopted level -of - 57 service standard for potable water consumption and water pressure at 264 58 gallons per household per day and 60 psi, respectively. 59 Potable Water Objective PW -1.2 and corresponding Policies PW -1.2.1, PW - 60 1.2.2 and PW -1.2.10 state that the City of Cape Canaveral will work to assure 61 that potable water is available to existing and future residents through various 62 conservation measures. These measures may include, but are not limited to 63 water conservation public education, requirements for the installation of low 64 flow fixtures, incorporation of water conservation in landscape regulations, 65 and the identification of areas suitable for the use of reclaimed water. In 66 addition, the City of Cape Canaveral will work with the Cocoa Water 67 Department to evaluate water supply alternatives as well as identify 68 emergency backup water supply source. 69 Intergovernmental Coordination Objective IG -1.2 and corresponding Policy 70 IG -1.2.2 state that Cape Canaveral will cooperate with Cocoa to establish 71 level -of -service standards for Cocoa's potable water system within the City of 72 Cape Canaveral. 73 Intergovernmental Coordination Objective IG -1.3 and corresponding Policy 74 IG -1.3.2 state that Cape Canaveral will discuss and share information on 75 potable water infrastructure service needs for proposed developments. 76 Conservation Management Element Objective C-1.2 and corresponding 77 policies C-1.2.4, C-1.2.5 and C-1.2.6 state that the City of Cape Canaveral will 78 cooperate with the St. Johns River Water Management District, Brevard 79 County and City of Cocoa during times when emergency water 80 conservation measures are in effect. These policies also state that the City's 81 Land Development Regulations will require that development be contingent 82 upon the availability of adequate potable water and that the City will 83 evaluate alternatives for conservation on existing potable water supplies. 84 Capital Improvements Element Objective CI -1.1 and corresponding Policy CI - 85 1.1.3 establishes a level -of -service standard of 264 gallons per household per 86 day of water consumption and 60 psi of water pressure. The level -of -service DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 2 87 standard is consistent with and in cooperation with the City of Cocoa's 88 standard for the City of Cape Canaveral. 89 90 III. STATUTORY REQUIREMENTS 91 The following highlights the statutory requirements: 92 a. Coordinate appropriate aspects of its comprehensive plan with the 93 appropriate water management district's regional water supply plan, 94 [163.3177(4) (a), F.S.] 95 b. Ensure that its future land use plan is based upon availability of adequate 96 water supplies and public facilities and services, [s.163.3177(6) (a), F.S.] 97 Data and analysis demonstrating that adequate water supplies and 98 associated public facilities will be available to meet projected growth 99 demands must accompany all proposed Future Land Use Map 100 amendments submitted to the Department for review. The submitted 101 package must also include an amendment to the Capital Improvements 102 Element, if necessary, to demonstrate that adequate public facilities will 103 be available to serve the proposed Future Land Use Map modification. 104 c. Ensure that adequate water supplies and facilities are available to serve 105 new development no later than the date on which the local government 106 anticipates issuing a certificate of occupancy and consult with the 107 applicable water supplier prior to approving building permit, to determine 108 whether adequate water supplies will be available to serve the 109 development by the anticipated issuance date of the certificate of 110 occupancy. [s.163.3180(2)(a), F.S.J. 111 d. For local government subject to a regional water supply plan, revise the 112 General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and 113 Natural Groundwater Aquifer Recharge Element (the "Infrastructure 114 Element"), within 18 months after the water management district 115 approves an updated regional water supply plan, to: 116 i. Identify and incorporate the alternative water supply project(s) 117 selected by the local government from projects identified in the 118 updated regional water supply plan, or the alternative project 119 proposed by the local government under s. 373.0361(7), F.S. [s. 120 163.3177(6)(c), F.S.]; 121 ii. Identify the traditional and alternative water supply projects, bulk 122 sales agreements, and the conservation and reuse programs 123 necessary to meet current and future water use demands within 124 the local government's jurisdiction [s. 163.3177(6)(c), F.S.]; and 125 iii. Include a water supply facility work plan for at least a 10 -year 126 planning period for constructing the public, private, and regional 127 water supply facility identified in the Element as necessary to serve 128 existing and new development. [s. 163.3177(6) (c), F.S.] DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 3 129 iv. Amendments to incorporate the water supply facility work plan into 130 the comprehensive plan are exempt from the twice -a -year 131 amendment limitation. [s. 163.3177(6) (c), F.S.] 132 e. Revise the Five -Year Schedule of Capital Improvements to include any 133 water supply, reuse, and conservation projects and programs to be 134 implemented during the five-year period. 135 f. To the extent necessary, revise the Conservation Element to assess 136 projected water needs and sources for at least a 10 -year planning period, 137 considering the appropriate regional water supply plan, the applicable 138 District Water Management Plan, as well as applicable consumptive use 139 permit(s). [s.163.3177(6)(d), F.S.] 140 If the established planning period of a comprehensive plan is greater than 141 ten years, the plan must address the water supply sources necessary to 142 meet and achieve the existing and projected water use demand for the 143 established planning period, considering the appropriate regional water 144 supply plan. [s. 163.3167(13), F.S.] 145 146 147 148 g. To the extent necessary , revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6) (h)1., F.S.] 149 h. Address in the EAR, the extent to which the local government has 150 implemented the 10 -year water supply facility work plan, including the 151 development of alternative water supplies, and determine whether the 152 identified alternative water supply projects, traditional water supply 153 projects, bulk sales agreements, and conservation and reuse programs 154 are meeting local water use demands. [s.163.3191(2) (1), F.S.] 155 IV. SUPPLY AND DEMAND ANALYSIS AND PROJECTIONS 156 The City of Cape Canaveral currently has all of its potable water supplied by 157 the City of Cocoa through a 30 -year water franchise agreement which will 158 expire in 2024. 159 According to the SJRWMD Technical Staff Report (dated November 10, 2003) 160 for the City of Cocoa's consumptive use permit #50245, the City of Cocoa 161 provides water to over 188,332 people that live in the cities of Cocoa, Cocoa 162 Beach, Rockledge, Merritt Island, Cape Canaveral and unincorporated areas 163 of central Brevard County, including Canaveral Groves, Port St. John, Viera, 164 Sharpes, and Suntree. Water is also provided by contract to Titusville and US 165 Government facilities at the Kennedy Space Center, Cape Canaveral Air 166 Station, and Patrick Air Force Base (Figure 1). This utility has been providing 167 water from the well field since 1957 and from Taylor Creek Reservoir since 168 1999. 169 DRAFT -08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 4 170 Figure 1 - Cocoa Potable Water Service Area 171 172 The City of Cocoa operates a well field of 34 existing Floridan aquifer wells, 19 173 Intermediate aquifer wells, 10 Aquifer Storage and Recovery (ASR) wells and 174 three existing pump stations at the Taylor Creek Reservoir. 175 Figure 2 - Cocoa Potable Water Well Fields 176 1 ifific.44),0 ,N'titS It 15, 14 '77lit ts flI 177 Treatment Facilities CM OF COCOA 'He liUtit lt 4tltt‘tt'' etiti 122Wees74100740 IT. Porep Station tel °IT -41u liti I tei. 2222 4722 22 RT 9T IOT ea 172 137 el 1112 742 22 27 rea32 a 1122 41 te 47 le 42 AS Wells 7-10 *leer Tr garment 4 / Mot ASR r Well% 1-6 e' Taylor Creek Reservoir Pump Intake Slrottioe 178 Cocoa's drinking water treatment facilities include the Wewahootee Water 179 Treatment Plant and the Claude H. Dyal Water Treatment Plant. All of these 180 facilities are located in east Orange County as depicted on Figure 2. DRAFT -OB -20-2013 Cape Canaveral WSTWF Planning Design Group Page 1 5 181 The well field can produce a maximum of 60 million gallons per day (mgd) 182 with all wells pumping sin-lultaneously. However, safe well field practice 183 advises an operating rate that allows for well rotation to alleviate stress on the 184 aquifer as well as provide for down time for well repair and maintenance. 185 The safe flow for the well field is 31 mgd for average flows and 48 mgd for 186 maximum flows. The entire system delivers approximately 10 billion gallons of 187 water each year with peak flows in excess of 40 mgd during the summer. 188 Average daily flow or demand has increased from 22.46 mgd in 1990 to 25.45 189 mgd in 2008. Historical treatment plant flow and water use data by major 190 user is listed in Table 1. 191 Table 1 - City of Cocoa Historical Water Use and Flows (by Major User Group) 192 193 194 195 196 197 198 199 Annual Average Daily Plant Customer Flow Year Population Accounts MGD 1990 134,124 48,000 22.46 1991 135,521 48,500 21.61 1992 141,110 50,500 23.12 1993 145,301 52,000 24.11 1994 149,492 53,500 22.6 1995 152,287 54,500 24.28 1996 155,081 55,500 25.36 1997 159,272 57,000 23.7 1998 165,978 59,400 25.24 1999 169,890 60,800 25,18 2000 173,663 62,150 26.96 2001 182,537 65,326 26.06 2002 188,332 67,400 27.13 2003 194,613 69,648 27.16 2004 203,963 72,994 28.86 2005 210,462 75,320 26.71 2006 215,569 76,989 29.67 2007 217,593 77,872 26.44 2008 218,069 78,161 25,45 U5 Gov. Contract Titusville Flow Flow MGD* MGD** 3.45 N/A 3.34 N/A 3.98 N/A 3.77 N/A 3.29 N/A 3.62 0.26 4.23 0.7 3.4 0.96 3.33 1.04 3.13 1.04 3.31 1 2.7 0.77 2.86 0.64 3.18 0.57 2.74 0.72 2.62 0.62 2.62 0.6 2.71 0.55 2.51 0.53 *N/A means there was no surface water supply or treatment available Port Net Canaveral Commercial Maximum Flow and Residential Daily Pliant MGD Flow MGD*" Flow MGD 0.42 18.59 31.92 0.42 17.85 29.31 0.48 18.66 35.61 0.44 19.9 36.08 0.4 18.91 32.69 0.5 19.9 34.07 0.58 19.86 38 0.57 18.77 31.08 0.48 20.39 41.24 0.57 20.44 36.39 0.67 21.98 38.08 0.6 21.99 39.4 0.63 22.99 40.83 0.72 22.69 0.81 24.59 45.51 0.81 22.67 35.91 0.93 25.52 43.3 0.84 22.34 37.72 0.8 23.87 35.56 Major Distribution and Transmission Facilities Treated water is delivered throughout most of central Brevard County through about 1,274 miles of pipe. The distribution system, including storage and pumping facilities, is located throughout Cocoa's water service area in central Brevard County. An inventory of all pipe and their sizes by area served is listed in Table 2. DRAFT - 08-20-2013 Cope ConOverol WSFWP Planning Design Group Page 1 6 200 Table 2 - Cocoa Water Mains Inventory By Area as of 2006 201 202 203 204 205 Area Cocoa Incorporated Cocoa** Unincorporated Poe Sizes 54"-18" 16 " 12 " 10 " 8" 6" 4" 3" 2" Total 9,24 0 6.57 3.54 15.45 44.84 13.03 1.75 4.51 98.93 39.6 0 24.48 0.6 25.33 81.6 33.36 0.32 8.97 214.26 Rockledge 2.89 2.99 6.13 4.71 32.47 61.91 12.45 0 3,67 127.23 Incorporated Rockledge 0 3.23 0.32 0.42 3.19 8,37 1.45 0 0.09 17.07 Unincorporated Cocoa Beach 11.26 0 3.47 3,99 10.3 40,71 23.05 0.21 1.73 94.71 Incorporated Cocoa Beach 1,94 0 0.03 0 1.42 6.37 3.62 0 0.03 13,41 Unincorporated' Cape Canaveral 3.66 0,76 0.42 1.25 11.75 19.58 10.07 0.03 0.54 48.06 Incorporated Cape Canaveral 10.1 0.16 3.52 0.49 7.6 5.93 0.66 0 0.44 28.9 Unincorporated 1 Merritt Island 28.48 3.89 14.17 3.69 68.98 127.71 63.74 0 5.43 316.08 1 Suntree/ Viera 10.19 12.52 18.58 13.33 73.9 58.29 17.78 0 2.8 207.39 1 Port St. John 1.73 1.78 7.99 0.36 27.85 56.58 11.76 0 0 108.05 1 Totals 119.08 25.34 85.66 32.37 278.23 511.9 190.97 2.32 28.22 1274.09 Note: The hours of operation vary based on demand and source availability. All wells are used for public supply and fire protection. " No City of Cocoa owned water mains are located on Cape Canaveral Air Force Station, Kennedy Space Center, Patrick Air Force Base, Port Canaveral, or City of Titusville. 4" Canaveral Groves, Sharpes are also included within Cocoa Unincorporated. 206 Storage Facilities 207 Potable water is stored in the following four locations, which are shown in 208 Figure 3. 209 Figure 3 - Cocoa Water Major Distribution and Storage System. 210 211 212 DRAF1 - 08-20-2013 A 5 -million -gallon steel ground storage tank located at the Utilities Complex in Tate Industrial Park in Cocoa. Cape Canaveral WSFWP Planning Design Group Page I 7 213 • Two concrete ground storage tanks providing 4 million gallons 214 of storage are located next to State Road 520 at the Banana 215 River. The pumping station at this site is used to boost pressure to 216 the beaches and to maintain chlorine residuals. 217 • A 2 -million -gallon ground storage tank and pumping station is in 218 Viera at Interstate 95 and Wickham Road. Ground storage tanks 219 are used to meet peak demands during the day. 220 A 1.5 -million -gallon steel elevated tank located on U. S. 221 Highway 1 north of State Road 520. The elevated tank is used to 222 maintain a constant pressure in the distribution system. 223 There are ten (10) reclaimed water treatment systems other than Cocoa's, 224 which receive wastewater flows within the Cocoa water service area. Three 225 are municipal systems providing reclaimed water exclusively within their 226 corporate limits (Cities of Cape Canaveral, Cocoa Beach, and Rockledge). 227 Four are county systems providing reclaimed water to the general areas of 228 Merritt Island, Port St. John, Sharpes, and South Central Brevard County. The 229 last three systems are situated on U.S. Government property. Table 3 lists 2006 230 facility data, including wastewater treatment and reuse flows. 231 Table 3 - Wastewater and Reuse Systems Within the Cocoa Water Service Area 232 233 • Wastewater Treatment Capacity Reuse System Name (mgd) BCUD/(Sykes Creek) 6 Merritt Island BCUD/Port St, John BCUD/South Central Regional 0.5 5.5 Cape Canaveral, AFS Main 0.8 Cape Canaveral, WWTP, City of Cocoa (Jerry Sellers) 1.8 4.5 Cocoa Beach 6 Rockledge 4.5 1 Sun Lake Estates 1 Total DRAFT - 08-20-2013 0.14 29.74 Treated Wastewater Reuse Flow (mgd) Type* 3.7 Al PAA&LI I PAA&L1 IND Al 0.32 PAA&LI GWR&IPR 3.37 Al WL GWR&IPR PAA&LI PAA&LI PAA&LI 0.55 GWR&IPR 1.45 IND PAA&LI 2.25 PAA&LI PAA&LI PAA&LI IND 3.52 PAA&LI PAA&LI 2.24 PAA&L1 IND PAA&LI PAA&LI 0.05 GWR&IPR 17.45 Part of Reuse Reuse Chapter Facility Sub- 62-610, Capacity Type** FAC*** (mgd) EC 111 1 RI 111 2 GCI IH 1 ATP VII 0.25 OC 11 0.39 OPAA III 0.23 RIB IV 0.36 0.39 OC I 11 NA I NA 2.5 RIB I IV 0.55 GCI 111 1.07 RI 111 1.15 OPAA III 0.94 RIB IV 0.8 ATP VU 0.1 OPAA , III 1.35 RI III 1.8 OPAA III 0.91 GCI 111 0.04 ATP VII 0.57 RI 111 3 GCI 111 3 OPAA III 0.7 ATP VII 0.04 GO III 0.39 RI III I 3.23 RIB IV I 0.21 I 27.97 Reuse Avg. Annual Flow (mgd) 0.05 1.2 0.2 0.1 0.12 0.06 0.26 0 0.58 0.09 0.18 1.59 1.3 0.55 0.02 1.06 1.31 0.91 0.04 0.57 3.16 0.5 0.17 0.04 0.17 1.56 0.05 15.84 Cape Canaveral WSFWP Planning Design Group Page 1 8 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 *REUSE TYPES PAA&LI Public Access Areas & Landscape Irrigation A Agricultural Irrigation GWR&IPR IND Industrial TF Toilet Flushing FP Fire Protection WL Wetlands OTH Other Groundwater Recharge & Indirect Potable Reuse ***PARTS OF CHAPTER 62-610, F.A.0 II Slow -rate Land Application Systems; Restricted Public Access III Slow -rate Land Application Systems; Public Access Areas, Residential Irrigation, and Edible Crops IV Rapid -rate Land Application Systems (Rapid Infiltration Basins and Absorption Fields) V Ground Water Recharge and Indirect Potable Reuse VII Industrial Uses of Reclaimed Water 254 Permit Conditions and Duration **REUSE SUB -TYPES GCI Golf Course Irrigation RI Residential Irrigation OPAA EC RIB AF SWA INJ ATP ATO Other Public Access Areas Edible Crops Rapid Infiltration Basins Absorption Fields Surface Water Augmentation Injection At Treatment Plant At Other Facilities 255 Chapter 57-1232 of the Laws of Florida was signed into law by the Governor 256 on June 29, 1957, authorizing the City of Cocoa to extend its water mains and 257 water distribution system beyond its limits and sell water through said system 258 to private individuals or other uses for profit. 259 The City of Cocoa holds a Consumptive Use Permit (CUP) from SJRWMD for 260 its potable water supply system that was issued on November 11, 2003. This 261 permit (#50245) authorizes Cocoa to withdraw ground water from the Cocoa 262 well field, and inject and withdraw water from ASR wells in east Orange 263 County. In 2008 Permit conditions entitled the City to withdraw water at a 264 maximum daily rate of 42.55 million gallons and a maximum annual rate of 265 12.79 billion gallons from a series of wells in the Floridan and intermediate 266 aquifers. 267 Cocoa's CUP also allows for the withdrawal of water from the Taylor Creek 268 Reservoir. The permit authorizes Cocoa to withdraw surface water at 12 269 million gallons per day when levels at the Taylor Creek Reservoir are above 270 39' NGVD (National Geodetic Vertical Datum) and 6 million gallons per day 271 when levels are between 37' and 39' NGVD. 272 Demand Analysis and Proiections 273 Cocoa's utility system has experienced steady growth. Since 2000, more than 274 15,000 accounts have been added to the system and the system provides 275 wholesale water to the City of Titusville. The City of Cocoa has recently 276 teamed up with the Viera Company in an effort to provide a greater supply 277 and better water pressures within the boundaries of Viera. The construction 278 of a 42 inch water main which will carry water to Viera is currently underway 279 and should be completed late in 2009. As of 2009, the City of Cocoa's 280 system serves about 78,000 customers with a population of approximately 281 218,000 people. Cocoa's drinking water system processes approximately 10.5 282 billion gallons of water each year, with a peak flow of 43.3 million gallons per 283 day (mgd) during the summer. Average daily flow has increased from 22 284 mgd in 1990 to 28.6 mgd in 2006. Cocoa's system growth and historical DRAFT -08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 19 285 potable water use from 1990 through 2008 are shown in Table 1. The historical 286 consumption of potable water by the residents of the City of Cape 287 Canaveral from 2003 through 2011 is shown in Table 4. This table depicts the 288 significant difference between the water use that was projected and the 289 water that was actually used. While 129.1 gallons per person per day has 290 been allocated for the City of Cape Canaveral, each year the water 291 consumption is declining, due in part to the City's reuse program. These users 292 account for approximately 1.08 MGD in reuse demand. This constitutes an 293 offset of potable water usage from the City of Cocoa's municipal water 294 system, being Cape Canaveralls potable water provider. 295 Table 4 - Cape Canaveral Potable Water Usage (2003 - 2011) Cape Canaveral Potable Water Usage ( 2003 - 2011) Projections Actual Gallons Used* (129.1 gallons per day per person) Population Gallons per Total Gallons Gallons per Difference Year MGD MGD Projection day Per Year day in MGD 2003 9,496 1,225,933 1.28 356,047,000 977,936 0.98 0.25 2004 9,807 1,266,083 1.30 383,034,000 1,049,408 1.05 0.22 2005 10,034 1,295,389 1.31 378,145,000 1,036,014 1.04 0.26 2006 10,317 1,331,924 1.33 370,598,500 1,015,338 1.02 0.32 2007 10,526 1,358,906 1.34 365,220,000 1,000,627 1.00 0.36 2008 10,635 1,372,978 1.36 352,978,000 967,063 0.97 0.41 2009 10,499 1,355,420 1.38 353,706,000 969,058 0.97 0.39 2010 9,912 1,279,639 1.42 350,284,000 959,682 0.96 0.32 2011 9,936 1,282,737 1.44 351,683,000 963,515 0.96 0.32 296 Note: 'information provided by the City of Cocoa Utilities Department 297 Table 5 - Cape Canaveral Potable Water Use Projection Year 2011 2012 2013 2014 2015 2016 Cape Canaveral Water Use Projection Population Gallons per Projection day 9,936 1,282,737 10,078 1,301,069 10,191 1,315,658 10,306 1,330,458 10,422 1,345,517 10,535 1,360,059 2017 10,762 1,389,318 2018 11,020 1,422,709 2019 11,192 1,444,868 2020 11,364 1,467,027 2021 11,535 1,489,186 2022 11,707 1,511,346 2023 11,878 1,533,505 2024 12,050 1,555,664 2025 12,339 1,502,064 MGD 1.28 1.30 1.31 1.33 1.34 1.36 1.38 1.42 1.44 1,46 1.48 1,51 1.52 155 1.59 Cocoa CUP Allocation (MGD) 34.52 36.54 38.11 % of CUP Use by Cape Canaveral 3.72% 3.77% 3.81% 3.85% 3.68% 3.72% 3.80% 3.89% 3.95% 3.85% 3.91% 3.97% 4.02% 4.08% 4.18`,& 298 According to the City of Cocoa's Utilities Department, Cocoa estimates that 299 all of their customers, including the City of Cape Canaveral residents are 300 expected to use an average of 129.1 gallons of potable water per person per 301 day. As of April 2011, the Bureau of Business and Economic Research show 302 the current city population for Cape Canaveral as 9,936 persons. Cape DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 10 303 Canaveral is expected to increase its population by more than 2,403 304 residents by the year 2025, which results in the anticipated population of 305 12,339 persons. Based on the use of 129.1 gallons per day per person, 306 demand for water will increase from 1.28 MGD in 2011 to a projected need of 307 1.59 MGD in 2025. Table 5 shows the projected population and water 308 demand for 2011 through 2025. 309 The City of Cape Canaveral residents currently use approximately 3.77% of 310 Cocoa's CUP -allocated water supply. With Cape Canaveral's anticipated 311 growth, the City of Cocoa will need to increase that supply usage to 4.18% in 312 2025. The City of Cape Canaveral will work with Cocoa on an as needed 313 basis to ensure that Cocoa has the ability to meet the City of Cape 314 Canaveral's growing needs. The City will monitor and participate, as 315 necessary, in the City of Cocoa's water supply planning processes (e.g. 316 updates to water supply facilities work plan and consumptive use permit, 317 etc.) to ensure that the City of Cocoa accurately accounts for and meets 318 the City's current and future water needs. Currently, Cocoa maintains water 319 concurrency to ensure that potable water is available for the City of Cape 320 Canaveral now and in the future. 321 Cocoa staff worked closely with Brevard County staff in the Planning and 322 Zoning offices to determine the future water needs. The flow projections were 323 completed in 2008 as part of the Water 2025 water supply planning process 324 and are shown in Table 6 and Table 7. Cocoa Staff has also mapped current 325 and projected areas that will have water service in 2025. 326 The system flow projections are based on a review of historical records and 327 estimations of future needs. These estimations are based on four (4) major 328 factors which include population projections, customer accounts, per capita 329 flow, and projected wholesale water use. Each factor is discussed below. 330 Population Growth 331 Population growth is projected using SJRWMD projections and Traffic Analysis 332 Zone (TAZ) data supplied by Brevard County staff in the Planning Office. The 333 Brevard County data is based on the TAZ data generated by the Brevard 334 MPO. Where needed; Cocoa's service area was broken down into smaller 335 sub -areas that cumulatively correspond to full TAZ area boundaries. 336 Projected population was obtained from the SJRWMD's latest population 337 projections for the City of Cocoa and Brevard County service area. The maps 338 that these projections are based on differ significantly from the TAZ maps 339 used by the City and other local governments, including the Brevard MPO 340 and the ECFRPC. 341 However, while the analysis zones of the SJRWMD and MPO TAZ maps 342 differed significantly, the total population projection used by SJRWMD differs 343 only slightly from the City of Cocoa's (SJRWMD uses a five year population 344 projection increment). The SJRWMD projected a population of 241,080 within 345 the City of Cocoa service area for 2018 as shown in Table 6. The City of 346 Cocoa projected a service area of 247,118, less than 1% difference from DRAFT -08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 11 347 SJRWMD projections. To maintain consistency with the District's Water Supply 348 Plan (WSP) and because the percentage difference is not considered 349 significant, the City utilized the District's population estimate for the Plan. 350 DRAFT -08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 12 351 Table 6 - Cocoa Projected Water Use Demand and Flows (Based on TAZ Population Projections by Major User Groups) Per Population Capita based on Flow TAZ DATA Customer Dry Year Plus Viera Accounts Year 2008 218915 78130 129.8 2009 221037 79225 129.4 2010 223179 79992 129.1 2011 225342 80768 128.8 2012 227526 81550 128.5 2013 229731 82341 128.1 2014 231957 83139 127.8 2015 234205 83944 127.5 2016 236475 84758 127.2 2017 238766 85579 126.8 2018 241080 86409 126.5 2019 243417 87246 126.2 2020 245776 88092 125.8 Dry Year Projections Dry Year Dry Year Titusville Projected Maximum Per Commercial US Gov. Maximum Port Projected Daily Capita and Contract Contract Canaveral Flow For Flow for Flow Domestic Flow Flow Flow Dry Year Dry Year Average Flow MGD MGD MGD MGD MGD MGD Year 28.42 4.5 1.5 1.26 35.68 53.52 I 122.3 28.6 4.5 1.5 1.31 35.91 53.86 I 122 28.81 4.5 1.5 1.35 36.16 54.24 I 121.7 29.02 4.5 1.5 1.4 36.42 54.63 1 121.4 29.24 4,5 1.5 1.44 36.68 55.02 121.1 Average Rainfall Year Projections Average Year Average Commercial Year US Titusville Projected Projected Total CUP and Gov. Minimum Port Flow For Allocations Domestic Contract Contract Canaveral Average Per Year Flow MGD Flow MGD Flow MGD Flow MGD Year MGD MG 26.77 3.7 0.5 1.26 32.23 12300.5 26.97 27.16 3.7 3.7 27.36 3.7 27.55 3.7 29.43 4.5 1.5 1.49 36.92 55.38 120.8 27.75 29.64 4.5 1.5 1.53 37.17 55.75 120.4 27.98 29.86 4.5 1.5 1.58 37.44 56.16 120.1 30.08 4.5 1.5 1.62 37.7 56.55 119.8 30.28 4.5 1.5 1.67 37.95 56.92 119.5 28.13 28.33 28.53 3.7 3.7 3.7 3.7 3.7 30.5 30.72 30.92 4.5 4.5 4.5 1.5 1.5 1.5 1.71 1.76 1.8 38.21 38.48 38.72 57.31 119.2 57.72 118.8 58.08 118.5 28.72 28.93 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 3.7 1 0.5 3.7 29.13 3.7 1.31 1.35 1.4 1.44 1.49 1.53 1.58 1.62 1.67 1.71 0.5 1.76 0.5 1.8 352 Future Customer Account Growth Based an Population divided by 2.79 people per account (latest census data) Source: City o Cocoa Water Supply Facilities Work Plan (2009) 353 Future per capita flows reflect 2.5% reduction from 2010 to 2020 354 Area Cape Canaveral South of SR 528 Totals Table 7 - City of Cape Canaveral Population Growth Projections Traffic Analysis Zone 2000 Population 2025 Population 500 0 0 501 0 0 502 0 0 503 444 952 504 572 633 505 2925 3325 506 2467 2663 507 1042 1123 508 851 1000 509 1738 1856 510 731 _- 787 10,770 12,339 355 Cape Canaveral per capita demand is 95 gpd based on level -of -service standard of 264 gpd 356 Source: City of Cocoa Water Supply Facilities Work Plan (2009) DRAFT - 08-20-2013 Population Change 0 0 0 508 61 400 196 81 149 118 56 1,569 Increase in Water Demand (MGD) 0I 0) 0 0.048260 1 0.005795 1 0.038 1 0.01862 0.007695 j 0.014155 0.01121 � 0.00532 1 0.149055 Cape Canaveral WSFWP Planning Design Group Page 1 13 32.48 32.71 32.96 33.19 33,44 33.71 33.91 34.15 34.4 34.63 34.89 35.13 12450.2 12599.8 12749.5 12895.5 13045.1 13191.1 13337,1 13479.5 13625.5 13767.8 13910.2 14052.5 357 358 Customer Accounts 359 The estimated growth in customer accounts is based on the population 360 served in 2000 divided by the number of accounts in 2000. The result is 2.79 361 persons per account. The projected number of customer accounts from 2010 362 to 2020 was calculated by dividing the TAZ population projections by 2.79. 363 Cocoa's water service area is not limited to the City of Cocoa only. Per 364 capita use of potable water for the City of Cocoa differs from per capita use 365 of Cocoa's water service franchise area. 366 Per Capita Flow 367 Cocoa's water billing database does not allow differentiation of residential 368 (household) uses and commercial uses. This level of analysis is not possible 369 because only single-family residential units are coded as residential. Multi - 370 family accounts are coded as commercial accounts. For the purposes of 371 historical uses and flow projections, per capita use is based on combined 372 household and commercial uses less wholesale water sales to Titusville, Port 373 Canaveral, and the U. S. Government facilities at Kennedy Space Center, 374 Cape Canaveral Air Force Station, and Patrick Air Force Base. 375 The logic for this analysis is that increasing population requires additional 376 household use and additional retail and commercial support uses. An analysis 377 of per capita residential/commercial (r/c) flows for the period from 1990 to 378 1999 is based on actual flows and estimated population. The combined r/c 379 flow rates range from 118 gpd to 139 gpd with a 10 -year average of 129.1 380 gpd per person. For the City of Cape Canaveral, based on the level -of - 381 service standard of 264 gpd, the per capita use is 95 gallons per day. 382 Based on historical annual rainfall totals, the City has determined that 1990 383 represented a dry year (1: in 10 year drought). SJRWMD Water Supply 384 Management staff has determined that 1995 represented an average rainfall 385 year (SJRWMD's Water Supply Assessment — 1998). Observed per capita 386 flows for these years (139 gpd dry, 130-gpd average) were used to project 387 future r/c flow needs for dry and average rainfall years. Obviously, rainfall 388 distribution throughout the year plays a major part in overall water use and 389 greater than 1:10 year drought occurrences will result in annual water 390 demands greater than projected dry year demands. Abnormal rainfall 391 distributions can result in higher than expected peak use, even during years 392 that receive a normal annual amount of rainfall. 393 Proiected Wholesale Water Use 394 Cocoa's largest wholesale water customer is the U.S. Government. The U.S. 395 Government contract with Cocoa is for a combined annual average daily 396 flow (aadf) of 5 mgd at three installations: Kennedy Space Center, Cape 397 Canaveral Air Force Station, and Patrick Air Force Base. The historical flows 398 range from 3.13 mgd to 4.23 mgd. The average of this range, 3.7 mgd, was 399 chosen to represent the flow during an average rainfall year. The maximum DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 14 400 contract amount of 5 mgd was chosen to represent U. S. Government flow 401 during a dry year. 402 Cocoa also has an interlocal agreement for a system interconnect with the 403 City of Titusville, which has been amended to supply up to 1.5 mgd aadf. 404 Through this agreement, Titusville is also committed to purchase at least 0.5 405 mgd during each monthly billing period. Current flows average slightly over 406 0.5 mgd. Therefore, 0.5 mgd was chosen to represent flows during an 407 average rainfall year and the maximum contract amount of 1.5 mgd was 408 used for future dry year flows. 409 Another major wholesale water customer is Port Canaveral. Large quantities 410 of water are supplied through the Port to cruise ships. Significant growth in this 411 sector is projected as Port Canaveral grows as a cruise destination for the 412 Central Florida tourist market. The construction of new cruise terminals is being 413 planned to meet this demand. 414 The City also has supply agreements with the City of Cocoa Beach, 415 Rockledge, and Cape Canaveral. The City of Cocoa has been supplying the 416 City of Cocoa Beach with water service since 1957. The most recent water 417 franchise agreement with the City of Cocoa Beach took effect in 1988 and 418 expires in 2018. Cocoa's franchise agreement with Rockledge was signed in 419 1994 and will expire in 2024. Cocoa and Cape Canaveral entered into a 30- 420 year water franchise agreement in 1964 which expired in 1994. In 1994 421 Cocoa entered into another 30-year water franchise agreement with The City 422 of Cape Canaveral which expires in 2024. 423 Projected population and water demands are accounted for by using 424 historical population values to predict what future growth may look like. 425 Population for the City's franchise area is redistricted using account data, TAZ 426 data, and census data. Please see the Population Growth section of this 427 document for further explanation. 428 Cocoa is coordinating with municipalities and wholesale water customers 429 within the franchise area and has reached out to representatives from all 430 areas within the franchise area to attend and provide input to all Utilities 431 Advisory Board Meetings. 432 Maximum daily flows were projected based on historical peaking factors 433 observed. In general, peaking factors are larger during dry years and are less 434 pronounced during average rainfall years. The peaking factor used for 435 projections is 1.50. 436 437 V. WATER CONSERVATION 438 The City of Cape Canaveral has several policies in its comprehensive plan 439 which address water conservation. Conservation Management Element 440 Objective C-2 and corresponding policies C-2.4, C-2.5 and C-2.6 state that 441 the City of Cape Canaveral will cooperate with the St. Johns River Water 442 Management District, Brevard County and City of Cocoa during times when 443 emergency water conservation measures are in effect. These policies also DRAFT-0&20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 15 444 state that the City's Land Development Regulations will require that 445 development be contingent upon the availability of adequate potable 446 water and that the City will evaluate alternatives for the conservation on 447 existing water supplies. 448 The City of Cape Canaveral has an active water conservation program since 449 the early 1990's which includes education programs on water conservation, 450 voluntary watering restrictions, water reuse and water reclamation. 451 Following the enactment of Chapter 90-262, FS., which prohibited the 452 discharge of wastewater into the Indian River Lagoon system, the City 453 conducted a study to determine the feasibility of implementing a system to 454 meet the State requirements. The study determined that full reuse of treated 455 effluent and the discontinuation of discharge into the Indian River Lagoon 456 system was not financially feasible. In 1994, through the adoption of 457 Resolution 94-19, City of Cape Canaveral and the City and Cocoa Beach 458 entered into an inter -local agreement to transfer treated effluent to 459 supplement the City of Cocoa Beach's reclaimed water supply. This inter - 460 local agreement for 750,000 gallons per day on an annual average daily 461 basis made the implementation of a reclaimed water system feasible for the 462 City of Cape Canaveral. 463 The City of Cape Canaveral has a 1.8 million gallon per day advanced 464 wastewater treatment (AWT) and reclaimed water production improvement 465 project on the city's existing wastewater treatment plant. Since 1994 the City 466 of Cape Canaveral has made additions to the wastewater treatment plant 467 to include secondary clarifiers, fermentation/first anoxic basins, oxidation 468 ditch, belt filter press and a 1.0 MG reuse storage tank and pumping station. 469 In addition, the city constructed the first phase of the citywide reclaimed 470 water system which also included the transmission main interconnect with the 471 City of Cocoa Beach. The reclaimed water produced at the City of Cape 472 Canaveral's new water reclamation facility will be utilized to replace potable 473 water that is currently used for non -potable purposes, such as irrigation. 474 In an effort to encourage greater use of reclaimed water, the City of Cape 475 Canaveral has taken the leadership role by keeping the cost of reclaimed 476 water to its customers as low as possible. 477 To further the City's efforts for the protection of water quality for the Indian 478 River Lagoon, the City has a policy that prohibits the use of septic tanks. 479 480 VI. CAPITAL IMPROVEMENTS SCHEDULE 481 The City's financially feasible 5 -Year Capital Improvements Schedule, 482 adopted annually, includes capital improvements projects necessary to 483 maintain levels of service and provides for improved operational capacity 484 over the next five years. The City does not anticipate any other non -potable 485 water capital improvements projects during the remainder of the WSFWP 486 planning period. The City has prepared a five-year capital improvements 487 plan that was adopted as part of the Work Plan as shown in Table 8 below. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 16 488 Table 8 - Cape Canaveral 5 -Year Capital Improvements Schedule CIF EC -1 EC -2 EC -3 EC -4 EC -5 EC -6 EC -7 EC -8 EC -9 EC -10 EC -11 EC -12 EC -13 EC -14 EC -15 EC -16 EC -17 EC -18 EC -19 EC -20 EC -21 EC -22 EC -23 EC -24 EC -25 EC -26 EC -27 EC -28 EC -29 EC -30 EC -31 EC -32 EC -33 EC -34 EC -35 EC -36 EC -37 EC -38 EC -39 EC -40 489 490 491 ENTERPRISE CAPITAL FUND Sewer Manhole Rehabilitation Oxidation Ditch Reconfiguration WWTP Building Renovation TCU Radio Replacements Sludge Belt Press Refurbishment Reclaimed Water Tank BOD Incubator Replacement Holman Road Improvements Intermediate Pump Station By-pass RAS Pump Motor Replacements Computer Replacements Wastewater Sampler Replacements Office Equipment Upgrades Lift Station Rehabilitations Piermount Mixer Rehabilitations Flygt Mixer Replacements Shop Equipment - Heavy Duty Tools Vehicle Replacements - WWT Reclaimed Water Pump Replacements Lift Station Pump Replacements Instrumentation Upgrades Reclaimed Pump Motor Replacements Emergency Generators Sludge Holding Blower Replacements WWTP Generator Replacement WWTP Lab Dishwasher Replacement WWTP SCADA System Transfer Basin Pump Replacements WAS Pump/Pump Motor Replacements Internal Recycle Pump Replacements WWTP Electrical/Lighting Rehabilitation Grit/Bar Screen System Replacement Variable Frequency Drive Installations Bleach System Upgrades Copy Machine Replacement Distilled Water System Replacement WWTP Facility Fence Replacement Force Main Replacement Administration Building Improvements T55 Oven Replacement Total Enterprise Capital Fund FY FY FY 2014 2015 2016 20,000 1,414, 700 870,886 10,200 937,062 1,360,121 8,500 239,870 256,000 286,900 15,000 80,000 15,000 15,500 16,000 14,000 15,500 3,000 7,000 7,000 7,000 5,000 233,832 71,000 77,000 21,000 15,500 16,000 8,100 3,000 25,000 8,000 8,200 25,000 26,000 12,000 12,500 12,000 55,000 65,000 66,000 50,000 120,000 10,000 120,000 15,000 16,000 15,000 16,000 15,000 16,000 26,000 8,400 27,000 8,100 13,000 FY FY 2017 2018 6,000 6,000 5,000 22,000 26,000 8,400 3,000 27,000 8,600 8,800 28,000 29,000 8,400 8,700 14,000 17,000 18,000 17,000 18,000 110,000 120,000 7,500 7,800 8,100 8,400 24,500 10,000 16,800 50,000 122,000 144,000 5,000 $5,312,671 $990,700 $723,100 $554,500 $171,900 Source: City of Cape Canaveral Finance Departrnent (2013) 492 Alternative Water Supply Projects DRAFT - 08-20-2013 Cop( + C.,c..0 averal WSFWV Planning Design Group Page 1 17 493 Since the City of Cape Canaveral does not produce potable water or have 494 a potable water distribution system, the development of traditional water 495 supplies and alternative water supplies and bulk sales agreements are not 496 tasks that the City is able to accomplish. However, the city is engaged in 497 several conservation and reuse activities within the City that works to assist in 498 the reduction in use of potable water and its availability in emergency 499 situations. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 18 , iirm,i,1,11111111111, ^01M41111'0, 11111119.Pin 1111111111111111111 Attachment 3 City of Cape Canaveral Community & Economic Development Department Date: August 29, 2013 To: Barry Brown, Planning & Zoning Director From: Through: Re: Recommendation to City Council - Ordinance No. XX -2013 - Water Supply Facilities Work Plan (WSFWP) Susan L. Chapman, Secretary Planning & Zoning Board/Local Planning Agency Lamar Russell, Chairperson Planning & Zoning Board/Local Planning Agency ------ ------------------------------------------------- ---------------- On August 28, 2013, the Planning & Zoning Board met as the Local Planning Agency. The Board reviewed proposed Ordinance No. XX -2013, Implementing the City's Waste Supply Facilities Work Plan. Following review and discussion, the Board unanimously recommended that City Council approve the ordinance, as presented. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w-ww.cityofcapecanaveral.org • email: info@cityokapecanaveral.org Rick Scott GOVERNOR The Honorable RockRandels Mayor, City of Cape CanavraI Board pfCounty Commissioners Post Office Box 326 Cape Canavera, Florida 32920 Dear Mayor Randeis: - FLOR I DA DEPA Rils1 ENT ,fir ECONOMIC OPPORTUNITY November l3'I013 Attachment 4 UcSse.Panuccj«x EXECUTIVE DIRECTOR The Department of Economic Opportunty has completed Is revew of the proposed comprehensive plan amendment for the City of Cape Canaveral (Amendment No. 13-1ESR), which was. received on November 1, 2013. We have reviewed the proposed amendment pursuant to Sections I63.3184(2) and (3), Florida 5tatutcx(F.S.), and identified no comment r&ated to important state resources and facllities within the Department of Economic Opportunity's authorized scope ofreview that wiU be adversely impactecl by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide commens dlrectly to the City. fother reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changesor not adopt the proposed amendment. AISo please note tliat Section 1633184(3)(c)1, F.S., provides that ifthe second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. Foryour assistance, we have enclosed the proceclures for adoption and transmittal ofthe comprehensive plan amendment. If you have aquestions concerning this review, please contact Laura Regalado, at (850) 717- 8508, Enclosure(s): Procedures for Adoption Sincerely, Mike McDaniel Comprehensive Planning Manager cc: Mr. Barry BrownPanning and Zoning Director, City of Cape Canaveral Mr. Hugh Harting, Executive Director, East Central Florida Regional Planning Council Florida oqvmo"m"fEconomic ""ity Building | 107uwxJiiiv Street `*. 32399 866a�.234* ; 830.2f5.7105 | mv»2|.szox2x SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. 1 Effective: June 2, 2011 {Updated March 11, 2013) ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike- through/underline format. In the case of future land use map amendments, an adopted future land use map, In color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis Is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if ,the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, If any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity in response to the comment letter from the Department of Economic Opportunity. 2 Effective: June 2, 2011(Updated March 11, 2013) I 11 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. 7 Subject: a. Ordinance No. 16-2013; related to the Ron Jon Cape Caribe Resort; specifically modifying Ordinance No, 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral to authorize a building consisting of dwelling units subject to the terms and conditions of the Cape Caribe Second Modification to the Binding Developer's Agreement approved by the City Council and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, second reading. b. Approve Second Modification to Binding Developer's Agreement between City of Cape Canaveral and Cape Caribe, Inc. and authorize execution of same. Department: Community and Economic Development Summary: a. In March 2008, a 1.2 acre portion of the Cape Caribe Resort property was rezoned from R-3 Residential to C-1 Commercial in order to accommodate expansion of the pool and related amenities. With the adoption of Ordinance No. 03-2008, the use of the 1.2 acre parcel was restricted to: 1) recreational amenities and 2) parking. Since that time, the economy and market forces have caused Cape Caribe to reconsider product offerings and the configuration/location of buildings on the property. Accordingly, Cape Caribe is requesting restrictions on the use of this parcel be removed so the Master Plan can be revised and timeshare units located in this area (see attachment 1). The requested Ordinance revision will not result in additional density (more units); it merely allows for a reallocation of units already approved per the Binding Developer's Agreement adopted March 2010 and modified November 2011. The Ordinance was considered by the Planning and Zoning Board on October 23, 2013. The Board unanimously recommended adoption of the proposed Ordinance (see attachment 2). At the November 19, 2013 City Council Meeting, the Ordinance was amended and adopted on first reading. After the Meeting, it was determined that additional discussion between Staff and Applicant was necessary to clarify questions/issues raised at the Meeting. Accordingly, City Staff and Attorney met with representatives of Cape Caribe, Inc. and agreed to further revisions that clearly identify the type of development that will be allowed on the 1.2 acre subject parcel. Because of revised Ordinance Title and language, the first reading of the Ordinance was conducted again at the December 17, 2013 Meeting (see attachment 3). Ordinance No. 16-2013 was approved and the Notice of Public Hearing was advertised in Florida Today on January 2, 2014. City Council Meeting Date: 1/21/2014 Item No. 7 Page 2 of 3 b. Attachment 4 is the Second Modification to the Binding Developer's Agreement (BDA). The BDA will be considered at the second reading of Ordinance No. 16-2013 and is presented as a part of this item to further clarify the requested revisions. Proposed revisions are summarized: 3.0 — Modification of Section 5.0 of the BDA. Duration of Agreement. — The term of the agreement has been extended from 20 to 25 years. 4.0 — Modification to Section 6.0 of the BDA. Revised Site Plan. — References Exhibit "A" - Concept Plan as the Master Plan to guide future development and depicting the addition of Building 8. 5.0 — Modification to Section 10.1 of the BDA. Phasing. Describes a type of unit to be constructed; states that the number of units is to be calculated based on the number of Keys; and provides definitions for "Lock Out" and "Key". 6.0 — Modification to Section 10.3 of the BDA. Concurrency. Extends the period of concurrency reservation from 10 to 12 years. 7.0 — Modification to Section 11.0 of the BDA. Section 11.5 establishes that Ron Jon Cape Caribe Resort is a Vacation Resort Campus and that the Second Modification of the Binding Developer's Agreement shall be considered a Master Development Agreement pursuant to Section 110-491. 8.0 — Addition of Section 37 of the BDA. Section 37 addresses Ordinance No. 16- 2013 which lists allowed uses on the 1.2 acre subject parcel. 9.0 — Modification to Section 15.0 of the BDA. Stormwater. Removes requirement for a permanent Stormwater Outfall for the Stormwater System. 10.0 — Modification to Section 18.0 of the BDA. Annual Review and Inspection Report. Makes the annual inspection optional at the determination of City Staff. "cC\ Submitting Director: Todd Morley Date: 1/07/2014 Attachments: 1) Applicant's Letter of Request with Ordinance No. 03-2008; 2) Planning and Zoning Board's Recommendation; 3) Ordinance No. 16-2013; 4) Second Modification to Binding Developer's Agreement in stfik-ethr-augh and underline. Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and Codification. Reviewed by Finance Director: John DeLeo Date: / -") City Council Meeting Date: 1/21/2014 Item No. 7 Page 3 of 3 The City Manager recommends that City Council take the following action(s): Adopt Ordinance No. 16-2013, second reading and approve Second Modification to Binding Developer's Agreement between City of Cape Canaveral and Cape Caribe, Inc. and authorize execution of same. Approved by City Manager: David L. Greene Da e: / City Council Action: [ ] Approved as Recommended [ Disprove [1 Approved with Modifications [1 Tabled to Time Certain Attachment 1 Cape Caribe, Inc. 1000 Shorewood Drive, Suite 200 Cape Canaveral, Florida 32920 (p) 321.784.8093 (f) 321.784.3644 September 4, 2013 Barry Brown, Planning and Development Director City of Cape Canaveral, Florida PO Box 326 Cape Canaveral, FL 32920 Re: Ordinance No. 03-2008 Dear Mr. Brown: Please allow this letter to serve as our formal request for your consideration to amend Section 3 (A) & (C) of Ordinance No. 03-2008 (attached hereto) by removing the use restrictions of parking and recreational amenities from the property described in Exhibit "A". It is our desire that this request be placed on the October 23, 2013 meeting of the Planning and Zoning board for consideration, followed by the November and December City Council meetings. Please let me know the cost, if any, of this request at your convenience. Ken Ward 321.863.6189 ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the owner of the Property subject to this Ordinance submitted an application to the City seeking to have the Property rezoned from R-3 Medium Density Residential to C-1 Low Density Commercial; and WHEREAS, section 110-34(d) of the City Code provides that the City may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that a certain portion of the Property be restricted to recreational amenities and parking; and WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested zoning change, along with City of Cape Canaveral Ordinance No. 03-2008 Page 1 of 4 the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder and WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. 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. Zoning Map Amendment. That the Official Zoning Map ofthe City of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended to include a change of classification from "R-3 Medium Density Residential" to "C-1 Low Density Commercial District" for the real property depicted and legally described on Exhibits "A"and "B," which are attached and incorporated herein by this reference. Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 110-34(d) of the Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real property depicted in Exhibit "A" ("Restricted Property") to the following: 1. Recreational amenities. 2. Parking. Any use of the Restricted Property other than those specifically enumerated herein, shall be prohibited. B. Special exception for alcoholic beverages. Notwithstanding the use restrictions imposed by this Section, nothing herein shall prohibit the owner of the Restricted Property from submitting an application to the City for a special exception for on -premises sale, dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110- 334(c)(6), Cape Canaveral City Code. if submitted, the City shall process the application in accordance with law, and the application shall be subject to any applicable review criteria set forth in the City Code. Further, nothing herein shall require the City to approve any such special exception application. City of Cape Canaveral Ordinance No. 03-2008 Page 2 of 4 C. Restrictions to run with the land The restrictions imposed by this Section shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the Restricted Property and this Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code. D. ficial zoning maps to be updated City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 02-2008 as adopted by the City Council of the City of Cape Canaveral, Florida. If Ordinance 02-2008 does not become effective, then this Ordinance shall become null and void. ADO D, y : hc.,City Council of the City of Cape Canaveral, Florida, this 24d day of March, 2010.' _. . First Reading: Legal Ad published: Second Reading: March 18, 2008 February 23, 2010 March 2, 2010 RANDL ROCKY Mayor OS, For Against Bob Hoog Motion Buzz Petsos X Rocky Randels X C. Shannon Roberts X Betty Walsh Second City of Cape Canaveral Ordinance No. 03-2008 Page 3 of 4 Approved as to legal form and sufficiency for the City► ' :,• a averal only: / ,V ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2008 Page 4 of 4 DES .CRIPTIO.N. . NOT A BOUNDARY SURVEY IL, J1811 • Ji..... Jdl . Li....ih.1 EXHIBIT 4411LI.ILaId,Lill.:.614,41 DESCRIP770N OF EASEMENT A portion of Government Lot 1. Section 14, Township 24 South, Range 37 East. Brevard County, Florida, being more particularly described as follows: Commence of the Northwest corner of said Government Lot 1; thence S0129'OI E along the West line of sold Government Lot 1, o distance of 260.06 feet, to the POINT OF BEGINNING o1 the herein described parcel; Thence 1489'45.4.3-E, o distance of 243.76 feet; thence S0014.17.E. o distance of 216.99 feet; thence S11945'49 -W, 0 distance of 239.05 feet. to a point on the West line of sold Government Lot 1; thence N0129011t, along the West line o1 sold Government Lot 1. o distance of 21Z04 feet. to the POINT OF BEGINNING, Containing 1.20 acres. more or less SURVEYOR'S NOTES: 1. NIS /S NOT A SURVEY. 2. The bearings shown ore based on o bearing of SO12901"E along the West line of Government Lot 1. 3. • Denotes o change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. SHt1T 2 OF 2 PREPARED BY: LLEN (ngineering, Inc. SURVEYORS - ENGINEERS 106 D1RLE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (721)187-7417 Fit (32I)383-5402 Not valid without the signature 8Y ' a'y C B / CER'RFlCATE OF AU7HORIZA770N # LB 266 and the original raised seal o1 0 O : TONAL SIJR1re OR • Florida licensed surveyor and mapper. AfAPPER 3 FLOP OA REGISTRATION No. 4222 SURVE'YOR'S CERT1f7CA170M I hereby certify that the attached Property Description wos preparedi under my direction, In accordance with all opplicoble requirements of o the Minimum Technical Standards," for land surveying in the Stole of vy Rondo. described in Chapter 61017-6. Florida Ad Code. a pursuant to Chapter 472 027. Rondo Statutes. w LLEN EN EERING, 2. JOB N0. 980129 1DATE: 22-07-07 PREPARED AND coma, FOR: TO111 REALTY, INC 01 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY HOR1HWEST CORNER of eovETNNAw4r Lor , as a, -REST UNE or coVERNMENr or I POINT OF BEGINNING r N.89'45 93'E. PREPARED BY: 1 LLEN ngineering, Inc. •CANAVERAL PORT AUTHORITY SUBJECT PARCEL 1.20 ACRES ± S.8945'49 "W. SURVEYORS - E11CI11EERS 100 DIE UNE (P.O. BOX 321321) COCOA BEACB. FL02IDA 32932-1321 TE1EP1WN (321)783-7613 FAX (320783-5902 LERflf7CATE OF AUTHOR/ZA77ON # LB 266 x 2 1. DATE: 12-07-07 !DRAM 8Y.' XSC d08 NO. 980129.4 1j SCALE: 1'-5O' 24376' v5 239.05' CAPE CARIBE SCALE 1'40' 0 011.1?-Y1.1.11?"1111111111190 1010 CRAPFOC SCALE SHEET 1 OF 2 SEE -SHEET 2 OF 2 FOR DESCRIPTION. SURVEYOR'S CER7TRCAT7ON AND SURVEYOR'S NOTE'S PREPARED AND CERT7F7ED FOR: TONNE REALTY. 1NC SLIER 1 OF 1 , A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY UNE OF SHOREWOOD DRIVE; THENCE RUN S89'45'43"W ALONG SAID NORTH RIGHT OF WAY UNE, 66.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN N01'29'01°W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST UNE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH UNE OF SAID GOVERNMENT LOT 1: THENCE RUN N89'45'43"E ALONG SAID NORTH UNE, 66.02 FEET TO THE POINT OF BEGINNING. . SAID LANDS CONTAINING 33,008 SQUARE FEET (0.7§8 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 200 ? i nminfin 111 .111 ( IN FEET) 1 INCH a 100 FEET MILLER • LEGG :r' %r.ri 21c..EE•s f,ws, "ePr. .:-4•3JTrr,-r. c -uE tr .4/4:1•4 43 z 0 v a P 0 EXHIBIT v $ 441,..h igazahhilizaalis Sai1 Lair N89'45'43"E POINT OF NOT PLATTED 66.02' NORTHEAST SCORNER OF GOVERNMENT LOT 1 802.69' NOM UNE OF GOVO1NMENT LOT 1 NOT PLATTED REMAINDER — 66.00" — z 0 IS tp NOT PLATTED NOT PLATTED 21 mob — 66.00' — NORTH RIGHT OF WAY UNE OF 813.57 SHOREWOOD DRIVE � L SHOREWOOD DRIVE 589'45'43"W� 0 66.00' RIGHT 08 3482 P G 6 WAAY 66.02' I. OR 3567 PG 2167 ,. 0= CHANGE OF DIRECTION OR = OFFICIAL RECORD BOOK PG = PAGE CarTIlloou of ,toNoAEaUon LB. OSOO 66.00'- 1 MIRY COURT aur aas ansa stars a¢ Mary tEMEat. SWUM as ST IDRv r TIS ROOM 0340PI0V00.04. SANE= AO WPM 11 ouPT17 Ma; ROMA Mb= USD VIZ SSTs 104 917:671.0. 047 aft =An w is L +tWZIWI Or '0a gtt�oUTRa E� aMn E1. L11 st ames •®W a1 r 1RMO. Ilcs 9017D1 DC£S MDT ItQ11tf✓a1T A BDNWMY PAM' ANN `a 111 04-00170 1 ASKD-001111.4 RfW1.401ia /Wet IMMO 3/10!1 y OFOSIM Attachment 2 Community & Economic Development Department Memo TO: Barry Brown, Planning & Zoning Director FROM: Susan L. Chapman, Secretary, Planning & Zoning Board 04'. THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board )fA' DATE: October 29, 2013 RE: Recommendation to City Council - Amending Ordinance No. 03-2008, to Remove Restrictions on Allowable Uses in the C-1 Zoning District - Cape Caribe, Inc., Applicant At Planning & Zoning Board Meeting held on October 23rd, 2013, the Board heard a presentation from the applicant, reviewed and held discussion regarding the proposed ordinance, and unanimously recommended City Council adopt the proposed ordinance, as presented. Attachment 3 ORDINANCE NO. 16-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATED TO THE RON JON CAPE CARIBE RESORT; SPECIFICALLY MODIFYING ORDINANCE NO. 03-2008 TO AMEND THE RESTRICTIONS OF THE REZONING IMPOSED THEREIN ON CERTAIN REAL PROPERTY TOTALING 1.2 ACRES, MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL TO AUTHORIZE A BUILDING CONSISTING OF DWELLING UNITS SUBJECT TO THE TERMS AND CONDITIONS OF THE CAPE CARIBE SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT APPROVED BY THE CITY COUNCIL AND CAPE CARIBE, INC. IN CONJUNCTION WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Cape Caribe, Inc. is the current fee simple owner of record of certain real property in Cape Canaveral, depicted and legally described in Exhibit "A," said Property being part of the approved master site plan for the Ron Jon Cape Caribe Resort ("Property"); and WHEREAS, the City Council adopted Ordinance No. 03-2008 on March 2, 2010, which changed the zoning designation on the Property from "R-3 Medium Density Residential" to "C-1 Low Density Commercial," subject to certain restrictions limiting the use of the Property to recreational amenities and parking; and WHEREAS, Cape Caribe, Inc. desires to have the rezoning restrictions on the Property amended so it may pursue revisions to the Ron Jon Cape Caribe Resort master site plan to address changes in market demand that have occurred since the restrictions were implemented; and WHEREAS, in conjunction with the adoption of this Ordinance, Cape Caribe, Inc. and the City have agreed to the terms and conditions set forth in the Second Modification to Developer's Agreement specifying requirements for the additional building authorized by this Ordinance; 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 City of Cape Canaveral Ordinance No. 16-2013 Page 1 of 3 Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Ordinance No. 03-2008. The City Council of the City of Cape Canaveral hereby amends Ordinance No. 03-2008 to modify the restrictions and authorized uses of land for the Restricted Property as set forth in Section 3 A. to include the following use: 3. A building consisting of dwelling units in accordance with the terms and conditions set forth in the Binding Developer's Agreement between the City and Cape Caribe, Inc., recorded April 22, 2010 at Official Record Book 6152, Page 2042, as amended by the Modification to Binding Developer's Agreement, recorded January 18, 2012 at Official Record Book 6521, Page 1746, and as amended by that certain Second Modification to Binding Developer's Agreement approved by the City Council on the same date as this Ordinance and dated January , 2014. All other terms and conditions and land use restrictions set forth in Ordinance No. 03-2008 not modified by this section shall remain in full force and effect. Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance to reference the modified use restriction authorized and imposed by this Ordinance and Ordinance No. 03-2008. In addition, upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. This Ordinance shall run with the land in the same manner as Ordinance No. 03-2008. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and at such time the Second Modification to Binding Developer's Agreement is duly executed by Cape Caribe, Inc. and the City City of Cape Canaveral Ordinance No. 16-2013 Page 2 of 3 and recorded in the Official Records of Brevard County, Florida. If the Second Modification is not recorded within 90 days of this Ordinance being approved by the City Council, this Ordinance shall be deemed null and void. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of January, 2014. ATTEST: ANGELA APPERSON, MMC City Clerk First Reading: Legal Ad published: Second Reading: December 17, 2013 January 2, 2014 January 21. 2014 Rocky Randels, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 16-2013 Page 3 of 3 DEslrwT obr. . . Nor A sow SURVEY - &7J ozsgepoom Ay EMM rr. A Or tb CI at L - 10 1 14„ roamer34 Swfk Maw 37 £o* Omni �1PK?i SKETCH 1 V ACCaMPANY JJ. 4��"4��F 7!O Ni .... NOT A....Y Ste.... .. _ SUBJECT PARCEL 1.20 lam * 4476. 1 D.8948140110. zuor MUM COntill Wil COMimam� in NMIna L)E arr AUMOMPADDaw / L9 AO Al SE' tT 2 OF 2 FOR � Z ANPI R'S &= AND S Nona R AREA = NO comma Wie •••_•� D4f! 12-07..07 j RIILINM O!? MC Me MI I: /C. a8 014 1522=4 SCALD Mir 1 cam$ CARIB Attachment 4 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese. City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 CAPE CARIBE SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT ("Second Modification") is made on this day of January, 2014 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and CAPE CARIBE, INC., a Florida Corporation ("Owner") whose principal address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, FL 32920. WITNESSETH: WHEREAS, this Agreement is a second modification to a developer's agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the current fee simple owner of record of certain real property and holds easements over certain real property located within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, Owner and City previously entered into that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22, 2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042, as amended by that certain Modification to Binding Developer's Agreement recorded on January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard County, Florida (collectively referred to as "BDA"); and WHEREAS, pursuant to Section 6.0 of the BDA, the Owner amended the Revised Site Plan by submitting certain revisions to Building 5 as set forth in the signed and sealed site plan — Building 5 prepared by Allen Engineering, Inc., dated August 26, 2013 and approved by and on file at the City of Cape Canaveral, City Hall; which reduced the size of the building and the number of units in Building 5 than was depicted in the Revised Site Plan; and WHEREAS, Owner desires to further amend the Revised Site Plan by reducing the size of Building 4 and the number of units in Building 4 as shown on the Revised Site Plan and adding a new Building 8 utilizing the units previously in Buildings 4 and 5 (without exceeding the total units allowed in the Revised Site Plan or BDA) as depicted in the conceptual site drawing attached hereto and referred to hereinafter; and WHEREAS, Owner also desires to locate the new Building 8 on a portion of the Property which is currently restricted by Ordinance No. 03-2008 for only recreational amenities and parking uses; and WHEREAS, in conjunction with this Second Modification, Owner has requested an amendment to Ordinance No. 03-2008 to allow for the addition of Building 8 on the restricted portion of the Property consisting of only dwelling units (as more specifically defined by Section 110-1, City Code) and subject to the terms and conditions of this Second Modification; and WHEREAS, Owner further desires to amend the development schedule as set forth in the BDA due to current economic conditions; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Second Modification; and WHEREAS, the City Council finds this Second Modification to be consistent with the City's Comprehensive Plan and land development regulations. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. 3.0 Modification to Section 5.0 of the BDA. Section 5.0 of the BDA shall be modified as follows (underlined type indicates additions to and sti etk eugh type indicates deletions from the existing text of the BDA): 5.0 Duration of Agreement. This Agreement shall be binding on the Property for a term of twenty five (25) twenty (20) years from the Effective Date unless sooner terminated pursuant to Section 17.0 herein. Any extension to this Agreement shall be evidenced in a written amendment hereto, executed by both parties and approved by the City Council consistent with Section 22.0 herein. DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 2 of9 4.0 Modification to Section 6.0 of the BDA. Section 6.0 of the BDA shall be modified as follows (underlined type indicates additions to and Keogh type indicates deletions from the existing text of the BDA): 6.0 Revised Site Plan. Owner agrees to develop the Property in accordance with its revised site plan, approved by the City Council on March 2, 2010 ("Revised Site Plan"), effective consistent with Section 16.0 herein, and pursuant to the terms and conditions of this Agreement and all applicable laws. The Revised Site Plan is depicted on the signed and sealed site plans prepared by Allen Engineering, Inc., dated April 1, 2008 (revised on February 25, 2009) and on file at Cape Canaveral City Hall, as amended by the site elan for Building 5 prepared by Allen Engineering, Inc. dated August 26, 2013: revised on October 4, 2013 and on file at Cane Canaveral City Hall. As a matter of convenience, and at the request of Owner, the Revised Site Plan may be amended from time to time by the City without further amendment to this Agreement. Any such amendment to the Revised Site Plan shall automatically be incorporated herein by this reference. Additionally, the parties acknowledge that it is the Owner's intention to further amend the Revised Site Plan consistent with the conceptual site plan attached hereto as Exhibit "A" ("Concept Plan") depicting the addition of Building 8 and the reduction in size of Buildings 4 and 5. 5.0 Modification to Section 10.1 of the BDA. Section 10.1 of the BDA shall be modified as follows (underlined type indicates additions to and strip type indicates deletions from the existing text of the BDA): 10.1 Phasing. The Concept to Plan depicts a total of eight (8) ,even (7) buildings containing 600 hotel and resort condominium units. The number of units are calculated based on the number of Kevs as defined below. The parties acknowledge that some of the units constructed (or to be constructed) on the Property have been (or will be) designed so that a portion of the unit may be divided by a lockable door into a separate smaller independent living and sleeping area known in the industry as a ("Lock Out"). In such case both the remaining portion of the original unit and the Lock Out have independent sleeping and cooking facilities consisting of a kitchen or kitchenette and both are accessible to the outside by a separate exterior door with a separate key. The parties further acknowledge that in such cases both the remaining portion of the original unit and the Lock Out shall be considered as two (2) separate units for density calculation purposes under the City's Code and the Agreement and each hereinafter shall be referred to as a key ("Key"). Consistent with the Original Site Plan and as of the Effective Date, Buildings 1 and 2 containing 206 Keys units are constructed on the Property. Subject to the termination provisions set forth in Section 17.0 herein, Owner and City agree that Owner shall be permitted to phase the development of the remaining six (6) five (5) unconstructed buildings, designated as Buildings 3 through 8 7 ("Remaining Buildings"), and containing a total of 394 Keys Vis, in accordance with the Revised Site Plan and Concept Plan pursuant to the following development schedule: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 3 of9 10.1.1 No later than five (5) years from the Effective Date, Owner shall submit the building permit application to construct the first building of the unconstructed Remaining Buildings. 10.1.2 No later than ten (10) years from the Effective Date, Owner shall submit the building permit application to construct the second building of the unconstructed Remaining Buildings. 10.1.3 No later than fifteen (15) years from the Effective Date, Owner shall submit the building permit application to construct the third building of the unconstructed Remaining Buildings, provided that the first and second buildings of the Remaining Buildings are substantially complete or have received a certificate of occupancy. 10.1.4 No later than twenty (20) years from the Effective Date, Owner shall submit the building permit application to construct the fourth building of the unconstructed Remaining Buildings, provided that the third building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 10.1.5 No later than twenty-five (25) years from the Effective Date, Owner shall submit the building permit application to construct the fifth and sixth buildings of the unconstructed Remaining Buildings, provided that the fourth building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 6.0 Modification to Section 10.3 of the BDA. Section 10.3 of the BDA shall be modified as follows (underlined type indicates additions to and strilEetlifetigh type indicates deletions from the existing text of the BDA): 10.3 Concurrency. The City agrees to issue Owner an initial concurrency compliance certification for all levels of service of the various public facilities to support the specific impacts of the proposed development consistent with the requirements of Chapter 86 of the City Code. This certification shall reserve concurrency capacity for the Property for a period of twelve (12) ten (10) years from the Effective Date ("Initial Concurrency"). Notwithstanding the above, the Owner acknowledges that concurrency for Potable Water from the City of Cocoa may be reserved for a period less than twelve (12) ten (10) years, therefore the City agrees to reserve the maximum term available for the Property. 7.0 Modification to Section 11.0 of the BDA. Section 11.5 is hereby adopted: 11.5 The City and the Owner acknowledge that the City has repealed Section 110-486, Resort Condominium, have adopted Section 110-491 (codified as 110-490.1) Vacation Resort Campus and have amended Section 110-487, Rental Restrictions on DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 4 of 9 Dwelling Units. The City acknowledges that Ron Jon® Cape Caribe Resort on the Property is a Vacation Resort Campus, as defined, under Section 110-491 and the BDA, as amended by this Second Modification and thereafter. shall be considered a master development agreement pursuant to Section 110.491. 8.0 Addition of Section 37 of the BDA. Section 37.0 is hereby adopted: 37.0 Ordinance 16-2013. Owner has made an application to amend the certain use restrictions set forth in Ordinance No. 03-2008 which restricts the use of approximately 1.2 acres of the Property. Building 8. which is proposed on the Concept Plan. is to be located within this 1.2 acres of restricted use property. In conjunction with the approval of this Second Modification by the parties. Ordinance 16-2013 was adopted by the City. with the full consent of Owner. to allow for the construction of Building 8 containing dwelling units (as more specifically defined under Section 110-1. City Code) consistent with those currently existing on the Property in the buildings identified as Buildings 1 and 2 on the Revised Site Plan. The dwelling units in Building 8 may include Lock Out units subiect to the provisions of Section 10.1 herein. 9.0 Modification to Section 15.0 of the BDA. Sections 15.0, 15.1 and 15.4 are modified and 15.2 and 15.3 are deleted as follows (underlined type indicates additions to and strip type indicates deletions from the existing text of the BDA): 15.0 Stormwater Management. The Property is served by a stormwater system approved by the City and the Florida Department of Environmental Protection ("DEP"). This stormwater system consists of a series of retention trenches, ponds and swales located on the Property and on the properties located immediately adjacent to the Property, commonly known as "Solana Shores" and "Solana Lake", which trenches and ponds cooperatively serve as the stormwater management system for the Property and the aforementioned adjacent properties ("Stormwater System"). Based on drainage computations and exhibits provided by Allen Engineering, dated September 4, 2009, the City has determined the Stormwater System provides sufficient storage capacity as required by City Code for the Property depicted on the Revised Site Plan. However, the City is desirous to have Owner establish an Emergency Drawdown Plan to assure that excess stormwater can be removed from the Stormwater System in an expeditious manner prior to a Storm Event, as defined herein. In addition, 15.1 Emergency Drawdown Plan. Owner has spall use a11-Fesceratle efforts to established an emergency drawdown plan (`'Plan") and has obtained approval from DEP pursuant to the Environmental Resource Permit No. ERP05-0151977-006-EM, issued by the Florida Department of Environmental Protection dated July 14. 2011, which is acceptable to the City to drawdown the water levels of the Stormwater System. Owner shall perform an emergency drawdown of the Stormwater System in accordance with its Plan prior to any hurricane, tropical storm, or any 100 -year storm event (defined as producing 11 or more inches of rainfall within a 24-hour period) DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 5 or9 (collectively, "Storm Event") forecast to affect the City of Cape Canaveral when the Stormwater System water levels are above the Plan elevation. Owner shall be responsible for securing, maintaining and operating the necessary equipment to facilitate the pumping of excess stormwater from the Stormwater System and through the Canaveral Port Authority's ("Port's") stormwater system. 15.2 Stornntatcr Outfall. Mor to the issuance of c building permit for any ow n on t1 a all obtain., ctennwateF permit ee ifcat; f oiy the DEP €ef-.-lyc aira•tin- E-; stem. FuFthefFneFehe Ow-ar'c appli modifeati : a?l ircLele4ut-not-be moo, fYap , , sigr. ai?d-senstr. a oi: i-Aans o rague -a tormw ter S-y3te... fro .etenti,... deign to z d'atentien design -that pro'/ides for an outfall c -f the Stormwatcr Systcm through the Port's fall"). The Storywater Outf,11 shall be designed ins the water levels in the existing Solana Lake -and Solana Shams 15.32 Permit App -royal. Owner shall be responsible for obtaii?ir.g--a-revised 3t3c7.-rh,atai -permit fr- DEP prior t3 G. gysteni. The City and Owner aelEne lege and agree that all stormwater pans and meelifieatiens-eentempletad in C eC cion 15 Stormwater Outf ll and relates' in pry. tc be somplctcd by the Ow= at 'aek time that-r-easor th'& oonditione of aprr-o- c1 arc obtained. fro e both the DEP and the Port. 15.42 Other Conditions. The Plan shall be maintained on file at the City's Building Department and shall include documentation demonstrating that the DEP and the Port have perpetually authorized Owner to pump stormwater out of the Stormwater System through the use of the Port's public stormwater conveyance system. Such authority to pump through the Port's system shall be demonstrated in a perpetual, recorded easement in a form acceptable to Owner and the City Attorney. Upon issuance of a permit for Stormwater Outfall by DEP, t The Owner, subject to Sector. 15.37 shall be responsible for maintaining the Plan and StormwaterO tfell ay:Ums. Owner shall have the Stormwater awl Systems inspected at least annually by a licensed engineer and shall provide the City with a written inspection report following each inspection. 10.0 Modification to Section 18.0 of the BDA. Section 18.0 of the BDA shall be modified as follows (underlined type indicates additions to and stFilEethfeugh type indicates deletions from the existing text of the BDA): 18.0 Annual Review & Inspection. Report. At the discretion of the City. the City's Building Official and Planning & Development Director shall coordinate with Owner to schedule an-annbal a review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The illifitte4 review and inspection nursuant to this Agreement shall occur eaeh DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 6 of9 = no more frequently than annually and the fmdings of the Building Official and Planning & Development Director shall be memorialized in a written report (- Ar a1 Report"), a copy of which shall be provided to Owner. Further, the Ara -r 1 held City Council meeting. The annual inspection permitted under this Section shall not be construed or interpreted in anv wav to limit the Citv's right to inspect the Property for other Purposes in accordance with the Citv's police powers. 11.0 Recordation. This Modification shall be recorded in the public records of Brevard County, Florida, and shall run with the land. 12.0 Miscellaneous. All terms and conditions of the BDA and other development approvals by the City for the project, which are not expressly and specifically modified by this Second Modification, shall continue to remain in full force and effect. For purposes of future contract interpretation purposes, the BDA and the Second Modification shall collectively be referred to as the "Agreement" IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. ATTEST: By: Angela Apperson, City Clerk CITY: City of Cape Canaveral, a Florida municipal corporation By: Rocky Randels, Mayor Date: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only Date: By: Anthony A. Garganese City Attorney, for the City of Cape Canaveral, Fl. DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 7 of 9 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2014 by Rocky Randels and Angela Apperson, well known to me to be the Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. (NOTARY SEAL) Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness Notary Public Signature Print Name Notary Public, State of Commission No.: My Commission Expires: OWNER: Cape Caribe, Inc., A Florida Corporation By: John R. Grandlich, It's Vice President Date: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 8 of9 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2014 by John R. Grandlich, as Vice President of Cape Caribe, Inc., a Florida Corporation, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) Notary Public Signature Print Name Notary Public, State of Commission No.: My Commission Expires: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 9 of 9 Exhibit "A" CONCEPT PLAN Ron Jon Cape Caribe Resort � � ( : ! °'\00'A'.11 +&, . � 111111111111111111111111111a .W± City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/21/2014 Item No. Subject: Ordinance No. 17-2013; adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions; applicability; timing of fertilizer application; fertilizer free zone; low maintenance zone; fertilizer content and application rates; application practices; management of grass clippings and vegetative matter; exemptions; training; licensing requirements; enforcement and monitoring; and penalties; amending Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as a Class 1 code enforcement violation; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability and an effective date, second reading. Department: Public Works Services introduction: The Indian River Lagoon (RL) system is a nationally renowned estuary that supports both remarkable biological diversity and recreational resources. However, in recent years seagrass beds in the IRL have been severely impacted by a number of environmental factors including (1) excessive freshwater discharges (changes in salinity), (2) discharges of pollutants through stormwater and wastewater and (3) pollutants from organic -rich muck (legacy load). The pollutants of primary concern include the nutrients nitrogen and phosphorous, which can create eutrophic (oxygen - depleted) "dead zones" when present in higher concentrations. Due to these and other factors, the IRL system (including the Banana River Lagoon) has been designated an impaired waterway by Florida Department of Environmental Protection (FDEP) and is subject to a higher level of environmental regulation. There are a number of known sources of nutrients to the IRL system including: Septic systems; • Stormwater runoff (including fertilizer); Reclaimed water (improper use); • Atmospheric deposition; • Wastewater treatment plant discharges; and • Organic -rich muck (legacy load). All of these pollutant sources contribute nitrogen and phosphorous to the IRL system and promote the growth of algae/bacteria blooms, which block sunlight from reaching seagrasses and consume oxygen during their life -cycles. The lack of sunlight, in turn, inhibits the growth of seagrasses, thus destroying critical habitat for fish, oysters and other lagoon life. The lack of oxygen, in turn, causes fish kills and other "die -offs" of lagoon life. City Stormwater Improvement Programs. The City of Cape Canaveral (City) has undertaken/will undertake numerous activities to reduce the discharges of nutrients to the IRL system. Some of these past/future activities include: • Adhering to the requirements of the FDEP Total Maximum Daily Loads (TMDLs) City Council Meeting Date: 01/21/2014 Item No. 53 Page 2 of 5 Program which focuses upon water quality conditions necessary for seagrass re- growth (ongoing); • Participating as a stakeholder in the Banana River Lagoon Basin Management Action Plan (BMAP) which requires planning, budgeting and execution of water quality improvement projects over the next 15 years (ongoing). • Banning septic systems by City ordinance (complete); • Updating and adding restrictions to City ordinances concerning solid waste and sediment runoff from construction sites (complete); • Educating residents in the proper use of reclaimed water (ongoing); o Constructing reclaimed water tanks to eliminate virtually all discharges from the City's wastewater treatment plant (ongoing); • Treating stormwater prior to discharge (nutrient -separating baffle boxes, stormwater ponds/swaies, etc.) (ongoing); • Dredging of the Central Ditch (stormwater canal) to remove organic -rich' muck (ongoing); and o Updating of the City's Stormwater Master Plan to identify additional, cost- effective stormwater improvement projects (FY14). The regulation of nutrient runoff to the IIRL system, including both nitrogen and phosphorous contained in fertilizer, is another useful "tool" for local governments to improve and maintain water and habitat quality in the IRL system. State Model Fertilizer Ordinance. As part of the Banana River Lagoon BMAP, local governmental agencies located along impaired water bodies must, at a minimum, adopt the State model fertilizer ordinance. This ordinance (see Attachment #1) specifies a number of restrictions on fertilizer usage including: • Timing of fertilizer application — fertilizer cannot be applied during forecasted heavy rain periods or where soils are saturated; • Fertilizer free zones — fertilizer cannot be applied within 10 feet of surface water bodies; • Low maintenance zones — encourage the construction of swale systems within 10 feet of surface water bodies; • Fertilizer application rates: o Only no phosphate or low phosphate fertilizers may be applied without a soils test; o Only slow-release or controlled release nitrogen fertilizers can be used; o Application rates in accordance with Labeling Requirements for Urban Turf Fertilizers; o Fertilizer cannot be applied prior to seeding or sodding of a site; and o Golf courses, parks and athletic fields are exempt. • Application practices: o Deflector shields are required when fertilizing with rotary spreaders; o Fertilizer cannot be applied on impervious surfaces; o Fertilizer placed on impervious surfaces must be removed as soon as possible; and o Fertilizer should not be washed into stormwater inlets, ditches, etc. City CouncilMeeting Date: 01/21/2014 Item No. Page 3 of 5 Management of grass clippings — vegetative debris should not be washed into stormwater inlets, ditches, etc.; and Training and continuing education are required for commercial applicators. Additional Potential Restrictions. While the restrictions detailed in the State model ordinance are helpful in controlling fertilizer runoff, many governmental agencies adjacent to impaired water bodies have elected to provide more stringent regulations. These additional restrictions include; • Fertilizer cannot be applied during the "rainy season" from June 1 through September 30; Only 50% slow release nitrogen fertilizer (at a minimum) can be used; and Fertilizer containing phosphorous cannot be used without a soils test. Other Agencies. Many governmental agencies throughout Florida have adopted ordinances with these additional fertilizer restrictions. A summary of fertilizer ordinances being considered by Brevard County communities is as follows: Rockledge — adopted ordinance includes rainy season ban; Melbourne — adopted State model ordinance; Indialantic — adopted ordinance prohibiting fertilizing during flood and storm watches; • Melbourne Beach - adopted ordinance prohibiting fertilizing during flood and storm watches; • Brevard County — adopted State model ordinance and is currently re -considering rainy season ban; • Cocoa — adopted State model ordinance and is currently reconsidering rainy season ban; • Satellite Beach — adopted ordinance with rainy season ban; • Palm Shores — adopted State model ordinance; • Indian Harbour Beach — considering State model ordinance; Cocoa Beach — first reading adopted State model ordinance with rainy season ban; • Grant-Vaikaria — voted against State model ordinance and plan a public workshop on issue; Malabar proposed ordinance includes rainy season ban; o Melbourne Village — adopted ordinance with rainy season ban; Palm Bay — ordinance options still in discussion phase; • Titusville — first reading of ordinance adopted with rainy season ban; and • West Melbourne — no ordinances currently being considered. Based upon available scientific research and "success stories" from other cities and counties throughout Florida, Staff is proposing that the City Council adopt the State model ordinance with the additional restrictions. Adoption of this proposed City ordinance (see Attachment #2) provides yet another "tool" for the City to do its part in improving and maintaining the water and habitat quality of the Banana River Lagoon by limiting the impacts from fertilizer runoff. City Council Meeting Date: 01/21/2014 Rem No. Page 4 of 5 Note: This proposed City ordinance was provided to the following organizations for review and comment: FDEP [Lee Marchman]; • University of Florida — IFAS Extension in Brevard County [Linda Seals]; and • Fresh From Florida [Weldon Collier]. FDEP responded by letter to the City's request for review of the proposed City ordinance. Letter is included as Attachment #3. IFAS Extension in Brevard County verbally indicated that they do not support either the 50% slow release nitrogen fertilizer mandate or the fertilizer ban during the summer months. Fresh From Florida did not respond to the City's request. Enforcement and Monitoring. The proposed City ordinance will be enforced by the City's Code Enforcement personnel. Public Works Services Staff will also be trained to be observant for violations of the restrictions in the ordinance and for reporting violators, who will be subject to Class I citations as set forth in Chapter 2, Article VI of this Code. Future City Staff and Public Education. IFAS Extension Office in Brevard County informed City Staff of a new program being initiated to educate property owners concerning fertilizer usage. The Program is called "My Brevard Yard" and is a "hands- on" program that includes an educational seminar as well as property inspections by IFAS personnel. City Staff is working with the IFAS Extension Office to organize the seminar which will be scheduled in early -2014. City Staff from Code Enforcement and Public Works Services, homeowners and landscape/maintenance personnel from local condominium/homeowners associations will be invited to attend. Ordinance No. 17-2013 was approved at first reading on December 17, 2013. The Notice of Public Hearing was advertised in Florida Today on January 2, 2014. Submitting Director: Jeff Ratliff 1" Attachments: #1 — State Model Ordinance #2 — Proposed City Ordinance No. 17-2013 #3 — FDEP Letter Date: 01/03/2014 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo Date: / The City Manager recommends that City Council take the following action: Approve Ordinance No. 17-2013, second reading. City Council Meeting Date: 01/21/2014 Item No. S Page 5 of 5 Approved by City Manager: David L. Greene 01/4-1-14-- Date: f/7//L( City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 State Model Ordinance Florida Department of Environmental Protection MODEL ORDINANCE FOR FLORIDA -FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES (alternate title: MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES) 2010 /Note: Title revision for clarity: There is no defined Florida -Friendly fertilizerprodrect, ar tuning, cbemistg, grade, amount, .rite -specific conditions and application practices a/1 affect `Florida friendliaess':J INTRODUCTION This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients coming from urban landscapes to reduce the impact of nutrients on Florida's surface and ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk of nutrient enrichment of surface and ground waters, but effective nutrient management requires more comprehensive control measures. Such a comprehensive approach is needed that may include, but is not limited to, land planning and low -impact development, site plan design, landscape design, irrigation system design and maintenance, fertilizer application, landscape maintenance, and waste disposal. To assist local governments in improving their existing land development regulations, several "model" ordinances have been developed. These include: • "Low Impact Design" ordinances which seek to reduce the impact of urbanization on our natural resources by stressing "source controls" that either minimize the generation of stormwater or minimize the pollutants that can get into stormwater. For example, promoting development designs that minimizes clearing of natural vegetation and the compaction of urban soils. A Model Springs Protection Code was developed by DCA, DEP, and other stakeholders that includes specific Land Development Regulation recommendations that promote Low Impact Design. This Model Code is available as Chapter 5 in Protecting Florida's Springs: An Implementation Guidebook. It is available at http: / /www.dca.state.tl.us /fdcp/DCP/springs /index.cfin. • "Landscape Ordinances" because design, construction, and maintenance are major determinants in the amount of fertilizer and irrigation that is needed to maintain healthy urban landscapes and minimize adverse impacts on water resources. A model Landscape Ordinance entitled "Guidelines for Model Ordinance Language for Protection of \Vater Quality and Quantity Using Florida -friendly Lawns and Landscapes" vas developed by a group of agencies, industries, and interest groups over a two year period and published in 2003. I t was fundamentally an adaptation of earlier water conservation ordinances revised to include water quality protections for compliance with Total Maximum Daily Load (TMDL) or stormwater NPDES permit requirements. The language focused on continuing education of lawn care and landscape professionals, proper planning and supervision during development and construction, and the use of best management practices, including the Florida - Friendly Landscape Program. This model ordinance has been renamed "Florida - 1 Friendly LandscapingTM Model Guidelines for Ordinance Language for Protection of Water Quality and Quantity," updated in 2008 and 2010 and may be downloaded from: http://www.dep.stateAus/water/nonpoint/pubs.htm. • Finally, the 2004 Florida Legislature directed Florida's water management districts to work with interested parties to develop landscape irrigation and Florida -Friendly design standards for new construction (section 373.228, F.S). Local governments are to use the standards and guidelines when developing landscape irrigation and Florida -Friendly ordinances. The Committee on Landscape Irrigation and Florida - Friendly Design Standards convened and developed the standards. They are published in a booklet called Landscape Jrrrgation and F/orida_jriend5' Design Standards (December 2006). The 2009 Legislature has directed that it be revised in 2011. The current version of this document can be downloaded from: http://www.dep.state.fl.us/water/waterpolicy/land irr.htm 2 MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES (AUGUST 2010) 1. FINDINGS As a result of impairment to (MUNICIPALITY / COUNTY)'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of (municipality/county), the governing body of (municipality / count}) has determined that the use of fertilizers on lands within (municipality / county) creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the governing board of (municipality/county) finds that management measures [Guidance: optional "additional management measures than are othenvise'7 contained in the most recent edition of the "Florida friendly Bert Management Practices for Protection of Water Resources b�, the Green Industries, 2008," may be required by this ordinance. 2. PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator, requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on (MUNICIPALITY / COUNTY)'s natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. [Guidance: as appropriate] Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of (MUNICIPALITY / COUNTY) residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. 3. DEFINITIONS For this Article, the following terns shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the (MUNICIPALITY / COUNTY) Administrator, or an administrative official of (MUNICIPALITY / COUNTY) government designated by the City/County Administrator to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. 3 "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in (MUNICIPALITY / COUNTY). "Board or Governing Board" means the Board of City/County Commissioners of (MUNICIPALITY / COUNTY), Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on -location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of (MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances enacted by (MUNICIPALITY / COUNTY). "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. 4 "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of (CITY/COUNTY), issued by the National Weather Service, or if heavy rain' is likely. "(MUNICIPALITY / COUNTY) Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices for Proteaion of Water Resources by the Green Industries, 2008," as revised, and approved by the (MUNICIPALITY / COUNTY) Administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. [Guidance: Some have questioned the enforceability of practical field definitions which should be a. nsidered before adoption.) "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "\Vater Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "Sod," or "Lawn" means a piece of grass -covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. 4. APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of (MUNICIPALITY / COUNTY), unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. [Guidance: In 403.9336, the Legislature firrtber finds that local conditions, including variations in the types and gnali , of water bodies, site-specific.roi/s and geology, and urban or ,rural densities and t World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period. httn://severe.worldwcather.ora/rain/, and forecast keyword "likely'. httn://www_wrh.noxa.eov/sew/MediaGuideffennsOutlooks Watches Warnines.ndf. 5 characteristics, may necessitate the implementation of additional or more stringent fertilker management practices at the local government level Local government may adopt additional or more stringent provisions to the model ordinance as provided in 403.9337(2). However, the local government should consider the disadvantages of confining jnrisdictiona/ differences and should clearly demonstrate thg, meet the required criteria: (2) Each county and municipal government located within the watershed of a water body or water segment Mal is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance for Florida-Friendb, Fertilizer Use on Urban Landscapes. A local government may adopt additional or mon stringent standards than the model ordinance if the following criteria are mel:: o (a) The local government bas demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is .science based, and economiea1/y and teclrnicalljyfeasib/e, that additional or more stringent standards than the erode/ ordinance are necessary in order to adequate/j, address urban fedi/i;er contributions /o nonpoint source nutrient loading to a water body. o (h) The local government documents that it has considered all relevant scientific information, inchiding input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if prodded, on the need for additional or more stringent provisions to address fertilizer use as a contributor -10 water qualify degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria.] [Guidance: Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide that a local ordinance, deed restriction or covenant may not prohibit or be enforced .ro as to prohibit arty properly owner from implementing Florida. friendly landscaping on his or her /and or create arty requirement or limitation in comet with my provision of part 11 of this chapter (373 ) or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to Chapter 373 part 11.] [Guidance: Florida Statues 482.156 and 482.1562. Neither the Limited Conmuerda/ Landscape Maintenance Certification Program nor the Limited Certification for Urban Landscape Commercial Fertilker Application allows /andreape maintenance workers to make arty kind of pesticide applications (including weed control and/or weed and feed prodrnts) to any turf areas.] [Guidance: Florida Staines 482.242, and 487.051 (2), F.S. Regulation of pest contra/ businesses and applicators, and of pesticide use, is preempted to the Florida Department of A tai/lure and Consumer Services (FDACS and suspected pesticide misuse should be reported to FD_4CS 5. TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils. [Guidance: One of the most controversial issues associated with recent ferii/iter ordinances enacted by local governments it /he definition of the Prohibited Application Period. Some ordinances have prohibited the application of fertilizer, even slow release_ .formulations, during the slimmer rate) season, typical/}' June 1 to September 30. The reasoning is that rain o117n1 frequently, saturating the soil, leading to more runoff. Saturated soils are prone to rune' or leaching with little or no additional water, and pose a higher than normal risk until soil moisture capacity is restored. Fertililer management is largely abort keeping the 6 nitrogen and/or phosphorus in the root one where it can be used by plants. Periods of beam rainfall contribute to leaching, which it washing nutrients out of the root one, and to runoff; especialy in arras with compacted or bare soils and significant slope. Vegetative ground cover is important to minimiti n,g erosion, filtering partieulates, and incorporating or promoting the biological transformation of potential pollutants. Man_ y variables n fluence the relationship between fertilitier rates, vegetation health and nutrient enrichment of surface and ground waters. Accordingly, sound silence and carefully reasoned judgment are recommended in determining how to de/ine the Prohibited Application Period.] 6. FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. [Guidance: This tiorre is a setback to prevent the applicator from inadvertency depositing. fertilizer in the water while performing the application. It is not designed as a treatment buffer, and is to be adhered to as a Iiindamental environmental safely aspect of the applicator's job, regardless of the owner's desires. Some communities have existing residential setbacks of as little as 10 feet fore water or seawall Low maintenance tions, vegetated filler strips, and riparian buffers are slangy encouraged, but such activities are rightly a part of /and use planning. Local governments are encouraged to implement these low -impact development practices wlxrrfeasible.] 7. LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. [Guidance: Care must be taken to ensure erosion of the surface soil does not occur. E.cesuve erosion may be a greater pollution hazard than occasional proper applications of fertilitier.] 8. FERTILIZER CONTENT AND APPLICATION RATES [Guidance: RULE 5E -1.003(2)(d), F.AC contains Ibe fol%wing provisions, for po/f courses, harks and ant/airfields. As such, 110 additional.peplic requirements are included for these f)2' es of" urban Turf. The appropriate Best Management Practices listed below must be followed on such .rites, for nutrient management activities: (d) Ferti/itiers labeled for.99iorts turf at golf courses, parks and athletic fields :balk 7 1. Have directions_ for use not to exceed rates recommended in the document titled SL191 `Recommendations for N, P, K and Mg for Golf Course and ,Athletic Field Fertilitalion Based on Meb/ich I Extractant'; dated Manb 2007, which is hereby adopted and incorporated by reference into this ride. Copies may be obtainedfirm the Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and .Agricultural Sciences, University of Florida, Gainesville, FL. 32611 or the . fol%wring website: b10:1 / edis ifa r. riff. edu/SS404. 2. Have directions. for use in accordance with the recommendations in `BMP's for the Enhancement of EnvironmentalQualitfy on Florida Golf Courses'; published by the Florida Department ?I -Environmental Protection, datedJanuary' 2007. Copies may be downloaded from 100:11 www.dep.stateflus/water/nonpoinl/pnbsblm. Note that this does not exempt applicators al these sites from the required basic Green Industry BMP training. Information on this is located al bttp://fiw.ifas►lleda/pmfecsionals/BMP overview.btm. If other provisions of the ordinance are not appropriate for these .rites, such exceptions should be noted) (a) Fertilizers applied to turf within (MUNICIPALITY / COUNTY) shall be €orrr lafed-and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Ferti/1 ers. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro -seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. [Guidance: Soil and tissue tests for phosphorus are normally done by OF/IFAS or another accredited /aboratoy IFAS recommendations are available from the County Extension service or http://solutionsforvourlife.u/l.edu/lawn and zarden/l 9. APPLICATION PRACTICES a. Spreader deflector shields arc required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies, including wetlands. b. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. c. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. d. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. e. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, 8 swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. 11. EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. [Guidance: Limited waivers for .cpedal cases such as botanical gardens, etc: should not be considered as less stringent for the pulposus of the model as a minimum requirement] 12. TRAINING (a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete the six -hour training program in the "Florida.[riend/y Berl Management Practices, for Protecl/on of l /aler Resources by the Green Industries"offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. (b) Private, non-commercial applicators arc encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. [Guidance: A local government may establish a certification/education program for the inslilnlional or private application of fertilisers indicating the completion of an education program for special Local requirements not covered in the above programs. 11 is up to !be local government lo set a continuing education or renewal provision for these applicators. Persons with statewide FDACS co»nnercia/lerli/h er certification cannot be required to submit to additional local testing after obtaining !be Fll7CS eerti%rcale. 13. LICENSING OF COMMERCIAL APPLICATORS (a) Prior to 1 January 2014, all commercial applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete training and continuing education requirements in the "Florida -friendly Best Management Practicerfor Protection of IValer Resources by the Green Industries", offered by the Florida Department of Environtnental Protection through the University of Florida IFAS "Florida - friendly Landscapes" program, or an approved equivalent program, prior to obtaining a 9 (MUNICIPALITY / COUNTY) Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the (MUNICIPALITY / COUNTY) Tax Collector's office within 180 days of the effective date of this ordinance. [Guidance: The ordinance it p%rpertive only. Occasions may exxrtfor a finite time when pre-existing contract terms mandate practicer not in accordance with the BMPs. Such terms should be voided at contract expiration.] (b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (induding but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the (Municipality/ County) Tax Collector's 0 ffice.[Guidance: This is an example of an administrative enforcement mechanism. It may be modified to use other local mechanisms as appropriate]. 14. ENFORCEMENT [Guidance: Local governments should consider makingpenalties consistent with their other fines and penalties.] Funds generated by penalties imposed under this section shall be used by (Municipality/ County) for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. 10 Attachment #2 Proposed City Ordinance No. 17-2013 ORDINANCE NO. 17-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A NEW CHAPTER 92 OF THE CAPE CANAVERAL CODE OF ORDINANCES ENTITLED "FERTILIZER LAND APPLICATION;" REGULATING POLLUTANT RUNOFF AND THE APPLICATION OF FERTILIZERS AS REQUIRED BY LAW; PROVIDING FOR PURPOSE AND INTENT; DEFINITIONS; APPLICABILITY; TIMING OF FERTILIZER APPLICATION; FERTILIZER FREE ZONE; LOW MAINTENANCE ZONE; FERTILIZER CONTENT AND APPLICATION RATES; APPLICATION PRACTICES; MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; EXEMPTIONS; TRAINING; LICENSING REQUIREMENTS; ENFORCEMENT AND MONITORING; AND PENALTIES; AMENDING SECTION 2-283 OF THE CODE OF ORDINANCES TO DESIGNATE VIOLATION OF CHAPTER 92 AS A CLASS 1 CODE ENFORCEMENT VIOLATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is authorized by the Florida Constitution and the provisions of Chapters 163 and 403, Florida Statutes, to establish and administer programs for stormwater management, including the control of pollutants entering the City's stormwater system; and WHEREAS, the United States Environmental Protection Agency, pursuant to 40 C.F.R. § 122.26, and the Florida Department of Environmental Protection pursuant to 33 U.S.C. § 1342(b), have mandated, through the issuance of a National Pollution Discharge Elimination System ("NPDES") Generic Permit for discharges from Phase II Municipal Separate Storm Sewer Systems, that the City must establish legal authority to control discharges to the City's municipal separate storm sewer system in order to control the quality of discharges from the City's municipal separate storni sewer system to surface waters of the State; and WHEREAS, the Florida Department of Environmental Protection has documented impairments, pursuant to section 403.067, Florida Statutes, within the surface waters of the City and has established pollutant load limits in the form of Total Maximum Daily Loads (TMDLs) which require the City to reduce pollutant loads discharged from the City's stormwater system; and WHEREAS, section 403.9337, Florida Statutes, requires a municipal government located within the watershed of a water body or water segment that is listed by the Department of City of Cape Canaveral Ordinance No. 17-2013 Page 1 of 10 Environmental Protection as impaired to adopt, at a minimum, the model ordinance "Florida Friendly Fertilizer Use on Urban Landscapes"; and WHEREAS, the City of Cape Canaveral is located within the watershed of the Banana River Lagoon, which the Florida Department of Environmental Protection has listed as impaired for nutrients; and WHEREAS, the City of Cape Canaveral has a comprehensive program to address nonpoint sources of nutrient pollution which is science -based, and economically and technically feasible; and WHEREAS, the Florida Department of Environmental Protection will provide pollutant load reduction credit to the City toward meeting mandated Total Maximum Daily Load Program Reductions for adoption and enforcement of code provisions directed at reducing such loadings from the use of fertilizer; and WHEREAS, the City Council of the City Cape Canaveral, Florida hereby determines that the adoption of such an ordinance to reduce pollutant runoff into Cape Canaveral's surrounding waterways serves the public, safety, health and welfare of its citizens. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. SECTION 2. Adoption of Chapter 92, Fertilizer Land Application. The City Council of the City of Cape Canaveral hereby adopts a new Chapter 92, entitled "Fertilizer Land Application," as follows: CHAPTER 92. FERTILIZER LAND APPLICATION Sec. 92-1. - Short title; purpose and objectives. This chapter regulates and promotes the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable fertilizer application rates and methods; fertilizer -free zones; low maintenance zones; and exemptions. This chapter requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Cape Canaveral's natural and constructed stormwater conveyances and surface waters. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of City of Cape Canaveral City of Cape Canaveral Ordinance No. 17-2013 Page 2 of 10 residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. Sec. 92-2. - Definitions. As used in this chapter, the following terms, phrases, words and their derivations shall have the following meanings: Administrator means city manager or designee authorized to administer and enforce the provisions of this chapter. Application or apply means the actual physical deposit of fertilizer to turf, specialized turf, or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Cape Canaveral. Best Management Practices (BMPs) include schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge/water disposal or drainage from raw materials storage. Best Management Practices Training Program means a training program approved pursuant to Section 403.9338, Florida Statutes, or any more stringent requirements set forth in this chapter that include the most current version of the Florida Department of Environmental Protection's "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries. 2008," as revised. and approved by the administrator. Board means the City Council of the City of Cape Canaveral, Brevard County, Florida. Code enforcement officer, official, or inspector means any designated employee or agent of the City of Cape Canaveral whose duty it is to enforce codes and ordinances enacted by the City of Cape Canaveral. Commercial fertilizer applicator, except as provided in section 482.1562(9), Florida Statutes, means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. City of Cape Canaveral Ordinance No. 17-2013 Page 3 of 10 Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf). Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to surface waters which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. Person means any individual, association, organization, partnership, fine, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Prohibited application period means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Brevard County, issued by the National Weather Service, or if heavy rain is likely. Restricted application period means June 1 to September 30. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Surface waters as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) means waters on the surface of the earth, contained in bounds created naturally or artificially, including , the Atlantic Ocean, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, tributaries, canals, and ditches. City of Cape Canaveral Ordinance No. 17-2013 Page 4 of 10 Turf, sod, or lawn means a piece of grass -covered soil held together by the roots of the grass. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in section 570.02 Florida Statutes. Sec. 92-3. - Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the incorporated areas of the City of Cape Canaveral, Brevard County, unless such applicator is specifically exempted by the terms of this chapter from the regulatory provisions of this chapter. This chapter shall be prospective only, and shall not impair any existing contracts. Sec. 92-4. — Responsibility for administration. The stormwater utility director or designee shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the stormwater utility director or designee may be delegated in writing by the city manager to persons or entities acting in the beneficial interest of or in the employ of the city. Sec. 92-5. - Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils. In addition, fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants during the restricted application period, defined as June 1 to September 30. Sec. 92-6. - Fertilizer free zone. (a) Fertilizer shall not be applied within ten (10) feet of any surface waters, pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or within 10 feet from the top of a seawall. Newly planted turf and/or landscape plants may be fertilized in this zone for a 60 -day period beginning 30 days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. The requirements of section 92-5 above also apply to newly planted turf and landscape plants. (b) A voluntary fertilizer free zone of ten (10) feet shall be encouraged, through educational outreach, on each side of a street without stormwater retention that drain directly to the Banana River Lagoon. City of Cape Canaveral Ordinance No. 17-2013 Page 5 of 10 (c) Planting native vegetation that does not require mowing or fertilization along the shoreline of the Banana River Lagoon shall be encouraged. Sec. 92-7. - Low maintenance zone. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any surface waters, pond, stream, watercourse, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material should be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. Sec. 92-8. - Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in the City of Cape Canaveral unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions provided by Rule 5E- 1.003, Florida Administrative Code. Deficiency verification shall be no more than two (2) years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within City of Cape Canaveral shall contain at least 50% slow release nitrogen per guaranteed analysis label. (c) Fertilizers applied to turf within City of Cape Canaveral shall be applied at rates that are in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administrative Code, Labeling Requirements For Urban Tuff Fertilizers. (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro -seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. Sec. 92-9. - Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones, surface waters and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. City of Cape Canaveral Ordinance No. 17-2013 Page 6 of 10 (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (d) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Sec. 92-10. - Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into surface waters, stormwater drains, ditches, conveyances, watercourses, water bodies, wetlands, sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Sec. 92-11. - Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, section 823.14, Florida Statutes; (b) any lands used for scientific research supported by an accredited institution of higher learning or a government entity, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; (c) Reclaimed or irrigation quality (IQ) water used for irrigation (which may contain nitrogen and/or phosphorous); however, this shall only apply to water use and individual properties are subject to all other provisions of this chapter that relate to fertilizer use; (d) Athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas. Sec. 92-12. - Training. (a) Prior to January 1, 2014, all commercial and institutional applicators of fertilizer within the City of Cape Canaveral, shall abide by and successfully complete the six -hour training program in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. City of Cape Canaveral Ordinance No. 17-2013 Page 7 of 10 (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. Sec. 92-13. - Commercial and institutional applicators. (a) After December 31, 2013, all commercial applicators of fertilizer within the City of Cape Canaveral, shall abide by and have successfully completed training and continuing education requirements in the "Flor da-riendly Best Management Practices for Protection of Water Resources by the Green Industries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -friendly Landscapes" program, or an approved equivalent program, prior to obtaining a business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators shall provide proof of completion of the program to the Brevard County's Tax Collector's office upon application or renewal of business tax receipt. (b) After December 31, 2013, all commercial applicators of fertilizer within the incorporated area of City of Cape Canaveral, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a commercial fertilizer applicator pursuant to Rule 5E-14.117(18), Florida Administrative Code. (c) Institutional Applicators who apply fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one employee has a "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax receipt. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the City. (d) All provisions of this chapter shall apply to City of Cape Canaveral owned property unless exempt under section 92-11. Sec. 92-14. - Enforcement and monitoring. (a) Violations of this chapter may be subject to civil citation pursuant to Chapter 2, Article VI, Division 3 of this Code. (b) The provisions of this chapter may also be enforceable by proceedings before the City of Cape Canaveral Code Enforcement Board, or by suit for prohibitory or mandatory injunctive relief, or by any other lawful remedy existing at law or in equity for the enforcement of municipal ordinances. Funds generated by penalties imposed under this chapter shall be used by the City of Cape Canaveral for the administration and enforcement of section 403.9337, City of Cape Canaveral Ordinance No. 17-2013 Page 8 of 10 Florida Statutes, and the corresponding sections of this chapter, and to further water conservation and nonpoint pollution prevention activities. Sec. 92-15. - Appeals. Appeals relating to any administrative decision or determination concerning implementation or application of the provisions of this Division shall be filed in writing within 30 calendar days after the decision is rendered by the Administrator. Requests for appeals will be considered by the city manager. SECTION 3. Amendment to Section 2-283 of the Code of Ordinances. The City Council of the City of Cape Canaveral hereby amends section 2-283 of the Code of Ordinances as follows (underlined type indicates additions and stpikethretigh type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: * * * (16) Chanter 92. Fertilizer Land Anulication Class I. * * * SECTION 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 5. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. 17-2013 Page 9 of 10 SECTION 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2014. ROCKY RANDELS, Mayor ATTEST: John Bond Bob Hoog ANGELA APPERSON, MMC, City Clerk Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2013 Page 10 of 10 For Against Attachment #3 F D E P Letter June 20, 2013 FLORJDA 1 EPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 Jeff Ratliff, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Dear Mr. Ratliff: RICK sco GOVERNOR HERSCHEL T. VINYARD JR SECRETARY Thank you for your June 13, 2013 submission of a draft fertilizer ordinance for the City of Capc Canaveral. The Department has reviewed the draft ordinance and notes that the provisions of the draft ordinance appear generally consistent with the 2010 Model Ordinance referenced in Section 403.9337(3) of the Florida Statutes, with a few exceptions. First, regarding point number 5 in your email, we refer you to the recent study done by the University of Florida with a 3.8 million dollar DEP grant over 8 years, and available at: http://nubliefiles.dep.state.fl,us/DEAR/nonooint/.. This body of work clearly indicates that the greatest potential for loss ofnitrogen to the shallow ground water is in the early spring, when root structure is most reduced, and fall, when a shorter length of daylight, lower sun angle, and cooling soil temperatures sharply reduce nitrogen uptake by the plant This effect must be weighed against any increase in direct runoffdue to summer rains on Florida's generally sandy soils. Given that most businesses. that apply agrichemicals in a residential setting operate on about a 2 month cycle, applying the moderate to high end annual fertilization rates while adhering to BMPs and rates under 5E- 1.003(2) F.A.C. effectively forces application when risk of leaching is at thehighest point. A homeowner, of course, may apply fertilizer more frequently and easily reach those rates from April -October. Regarding point number 3, we would encourage the use of Florida -Friendly LandscapingTM (FFL) in these areas, which involves selection of those plants well adapted to the area that can meet both aesthetic and. functional needs without excessive fertilization or irrigation. Points 2 and 4 may be addressed through low impact development (LID) modifications for new and infill development, and an educational effort to encourage the installation of small-scale FFL-based BMPs such as swales and rain. gardens to existing properties. While none of thesewill so]ve all of the nonpoint source issues, each will contribute to the solution. Insofar as the actual provisions of the ordinance are concerned, the definition of the restricted application period is discussed above, as is the use in 92-5. An additional question would be whether the edible produce in a backyard vegetable garden, or dooryard fruit trees, including citrus, would be restricted from fertilization necessary to produce food under this ordinance.. Note that the state model addresses this issue by limiting fertilization in these cases to UF -IFAS extension recommendations. Citrus and some other produce are fertilized during the summer to produce a .fall and winter harvest. www.dcp.staro.fJ.u.fs JeffRatliff City of Cape Canaveral June 20, 2013 Section 92-8 A is stricter than the Urban Turf Rule (5E-1.003(2) F.A.C.) in requiring a soil test for all P applications, but does not exceed the recommendations of the Green Industry BMPs. Section 92-8 B is stricter than the Urban Turf Rule (5E-1.003(2) F.A.C.) in requiring 50% slow or controlled release nitrogen fertilizer. While this is recommended in FFL publication for homeowners, there are times when water-soluble nitrogen is preferable from both a horticultural and an environmental standpoint. Section 92-11 is a bit confusing, and possibly harmful. Irrigation with reclaimed water is essentially fertilization. In any case, overirrigation is bad, and contributes to runoff and leaching of a host of soil chemicals into stormwater systems and aquifers, to say nothing of wasting water. The type of WWTP and the nature of the influent (residential, seasonal, industrial etc.) determine the nitrogen and phosphorus load delivered to the customer. A typical well designed and operated system providing 30-50 inches per year of water may vary from just under the annual limit for phosphorus in the urban turf rule, and requiring additional nitrogen fertilizer, to fully meeting or exceeding the nitrogen needs and exceeding the normal annual phosphorus limits by a factor of 10 or more. If available from the reclaimed water provider, the homeowners should be made aware of this load in order to save them money from unnecessary fertilizer applications, while protecting the environment. I refer you to the January 2013 City of Naples study comparing similar neighborhoods with reclaimed and potable irrigation systems. Event mean concentrations were roughly double for nitrogen and triple for phosphorus compared to the potable water neighborhood. Please consider provisions of the Department's model ordinance per the 2009 revisions to 373.62 F.S., Model Ordinance for the Installation, Maintenance, and Operation of Sensing Devices on Automatic Landscape Irrigation Systems. The URL is httn://www.den.state.fl.us/water/wateroolicv/docs/sb494-model- irriu-ordinance.ndf. This is especially important not only for water conservation, but, as mentioned above, because excessive irrigation causes much of the leaching and runoff that occurs. Some people in Florida are known to apply 2 to 3 times the annual rainfall as irrigation, far in excess of requirements. The actions of the City of Cape Canaveral to prevent nutrient loadings into adjacent surface waters are recognized and appreciated. Adoption of a local ordinance for urban fertilizer use will enhance the county's stormwater control program. If you have any questions, please feel free to contact Mae Thomas, Professional Engineer III, with the Department's Division of Environmental Assessment & Restoration, at (850) 245-7513. Sincerely, Thomas M. Frick Chief, Bureau of Watershed Restoration cc: Mike Thomas, Professional Engineer III, DEP City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. 9 Subject: Ordinance No. 01-2014; amending Chapter 102, Vegetation, of the Code of Ordinances related to the City's Tree Bank and the Lists of Desirable and Undesirable Species; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: Noting the lawful removal of Brazilian Pepper trees from a neighboring property, City Historian Ray Osborne approached Staff asking if the City's Tree Protection Ordinance could do more for the environment when invasive trees are removed. Mr. Osborne opined that even such invasive species aid in energy conservation by cooling the atmosphere, reducing air pollution, increasing oxygen production, slowing surface water runoff, reducing soil erosion, providing nesting and protection for wildlife, enhancing scenic beauty and other global environmental benefits. Staff explained that the negative effects to native vegetation must be taken into account. Since mitigation of invasive species may be deemed excessively onerous, especially considering that the removal of invasive species is generally encouraged, Staff proposed an alternate strategy toward the same environmental goal: stimulating City - sponsored tree planting and landscape projects by steering additional funding toward them. Currently, the Tree Bank is only funded through penalties assessed for violations of the Tree Code and voluntary contributions from property developers who do not wish to perform onsite tree mitigation. The attached Ordinance provides that all monies collected pursuant to tree removal activity be deposited into the City's Tree Bank and expended toward tree planting and landscape projects City-wide. Additionally, the revised Ordinance adopts these State - maintained databases, which are modified from time to time: Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida Region into the List of Desirable Species and Plants, and Florida Exotic Pest Plant Council's Invasive Plant Species List, as applicable to the East Central Florida Region into the List of Undesirable Species and Plants. At the December 17, 2013 City Council meeting, Councilmember Walsh pointed out a conflict where the queen palm species is listed on the FEPPC's Invasive Plant List of Undesirable Species and Plants, while also being listed on the City's List of Desirable Species and Plants. Subsequent Staff research revealed that the queen palm produces prodigious numbers of seeds. All those seeds germinate at high enough rates that queen palms are on invasive plant list II for Florida - they have negatively altered some of Florida's wild spaces with the potential to become widely invasive. City Council Meeting Date: 1/21/2014 Item No. Page 2 of 3 Staff researched additional conflicts. The following species were identified on the City's list of desirable species and plants and are also included on the FEPPC's Invasive Plant List of Undesirable Species and Plants: • Nephrolepis cordifolia - Sword fern Ipomea ssp. - Morning glory shrub • Bauhinia variegata - Orchid tree • Callistemon viminalis - Bottlebrush • Cupaniopsis anacordiodes - Carrotwood • Dalbergia sissoo - Rosewood • Koelreuteria formosana Flamegold tree • Arecastrum romanzoffianum - Queen palm • Livistona chinensis - Chinese fan palm • Phoenix reclinata - Senegal date palm o Washington robusta - Washington palm City's list of undesirable species: No conflicts identified. Based on these numerous conflicts, it appears that identification of future invasive species is more aptly addressed by only referencing the evolving State lists. Accordingly, this Ordinance removes both desirable and undesirable lists from the City code, while maintaining a reference to the State lists. The State list only offers geographically appropriate species; it does not designate trees as cold tolerant, salt tolerant or barrier island (also referred to as "preferred plants") as the current Code does. Because these references are no longer needed, they have been deleted from sections 102-49,102-52(b) and 102-54. Ordinance No. 01-2014 was approved at first reading on December 17, 2013. The Notice of Public Hearing was advertised in Florida Today on January 2, 2014. Submitting Director: Todd Morley 44A Date: 1/13/2014 Attachments: #1 Ordinance No. 01-2014, #2 Florida Native Plant Society's list of Native Plants (printed from webpage) and # 3 Florida Exotic Pest Plant Council's Invasive Plant Species List (printed from webpage) Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement, Codification and administering the Tree Bank Repository. Reviewed by Financial Services Director: John DeLeo Date: City Council Item No. Page 3 of 3 eeting Date: 1/21/2014 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 01-2014, second reading. Approved by City Manager: David L. Greene 0J' Date:///3 pc( City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 ORDINANCE NO. 01-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE CODE OF ORDINANCES RELATED TO THE CITY'S TREE BANK AND THE LISTS OF DESIRABLE AND UNDESIRABLE SPECIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water runoff, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, the "Tree Bank," established by Ordinance No. 05-2005, provides a repository for funds collected through fines and contributions in furtherance of the tree mitigation and replacement requirements outlined in Chapter 102, Vegetation; and WHEREAS, permit fees collected pursuant to the issuance of tree removal permits are currently deposited into the City's General Fund; and WHEREAS, the City Council of the City of Cape Canaveral wishes to direct all funds collected pursuant to Chapter 102, Vegetation, into the City's "Tree Bank"; and WHEREAS, the City Council of the City of Cape Canaveral wishes to expend funds collected and deposited into the City's "Tree Bank" in furtherance of the goals stated herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, finds that adopting free governmental online publications into Chapter 102, Vegetation, by reference provides beneficial and efficient resources to ensure compliance with evolving best horticultural practices; and City of Cape Canaveral Ordinance No. 01-2014 Page 1 of 12 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 OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 102, Vegetation. Chapter 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeeet type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. — TREE PROTECTION DIVISION 2 - LAND CLEARING Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Tree Bank means that account maintained by the Citv as a repository for anv funds collected and distributed pursuant to this Chapter. Tree replacement credit means the tree replacement credit offered to a person for replacing trees removed or destroyed in accordance with this division with desirable species. preferred plant materiel The free rcplacemcnt credit shall be e tabthb, the city council and set forth in section 102 51. City of Cape Canaveral Ordinance No. 01-2014 Page 2 of 12 Sec. 102-37. Title; applicability; intent and purpose; exemption* tree bank. * * * (e) Reser-ed. Tree Bank. Funds deposited in the "Tree Bank" pursuant to this chanter shall be used for public nurpose landscape enhancements at the sole discretion of the city. which shall include. but not be limited to tree planting. tree maintenance. beautification. education, and/or ecosystem management vroiects. All fees, fines. and other payments made to the city pursuant to this chapter shall be deposited in the city's "Tree Bank". The value to be paid into the "Tree Bank" shall be established by resolution of the city council; set forth in Table 1; and based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. * * * Sec. 102-43. Tree replacement guidelines. (b) Criteria. Criteria for replacement trees are as follows: * * * (5) Waivers of replacement tree(s) specifications. The number of required replacement trees may be waived by the city council, if the city council determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this division and a tree replacement fee is paid to the city's "tree bank" -which is hereby 3aVab!ished. Menies--seflecte in the --tree honk shall be used for enhrernc t and mai-r tsnanec of trees on public lands: The contribution to the tree bank may be waived by the city council for individual homeowners, on a case-by-case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under this waiver provision must have the approval of the city council. The value cct forth in tabic 1; and b Sec. 102-49. Remedial action. * * vac eoc4c to tabli3i. the tree * * * * City of Cape Canaveral Ordinance No. 01-2014 Page 3 of 12 (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on Table 1 or planting four desirable species ted within in accordance with section 102-54 before issuance of a certificate of occupancy or certificate of completion. Palm trees may only be used to satisfy up to 25 percent of any hardwood remediation. * * * Sec. 102-52. List of desirable species and plants. (a) All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and plants set forth it sectien in the current edition of the Florida Native Plant Society's list of Native Plants. as applicable to the East Central Florida Region. The list of trees and plants el -this -sec -gen are intended to provide the developer and homeowner a list selection of choke appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is eensidered ideal for landscaping since these plants have become adopted [adapted] to the county's particular set of climatic conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's climatic condition are utilized in the form and size context in which they naturally occur, a long-lived and maintenance -free landscape scheme will result within the city. (b)The key to codes uacd in the fiat is as follows: (1) Community. (C) Central Brevard County. (S) South Brevard County. d- (2) Form and sic. (ET) small tree. Average mature hcight of at least ten feet and kf than -20 feet. than 60 feet. (LT) large tree. Avuage :ratan hcight over 60 feet. (P) Pe -.11r. tree, (V) Vinc. (A) Aquatic. (3) Temperature. (+) Cold tolerant. City of Cape Canaveral Ordinance No. 01-2014 Page 4 of 12 northern limit of d axc sug Botanical Name (ST) Small Trcc Aezci fai7:esiana Capperis c;ai33,,1xe:1or1era Gapparis-flexuesa Gliryseba1aras icaca Coccoluba uvitera Ceneseipus-erecta Gemus-feemina Eugenia ax-i11a; is Eugenie, f etida €xetkea-paricakita Craapir-a discolor Lagurkzulari V. Fccemo a Myrsirrc fleridana Ncctandra Quere Quercus a: NATIVE SPECIES Common Name Community Geld Telerariee N, C, Sr Mar-ibefily C, S Tough -buckthorn N, C, S, 13 Jamaica -caper Wiper B - C3 op1um S;B - 1 idd eweed S B - gea-gFaPe E.714 - Buttonwood S; B Swamp-degweed N, C, S + Varr)th. laa€ B 6uiena-plum B - White -stopper C, S, B - Sp -iii ,l: stepperB Ink -weed B - Flerida-privet N, C, S, B $ Blelly Sr - Firebrush Sr - Black i:oi?v.e Sr - STB Simpson -stepper N, C, S, B + Wax -myrtle N, C, S, 13 + Myr-sine Ci -ST B Baneeweed C, S, B C?hrapman oak N, C, S, B + Sande-eak N, C, S, E Blue jaek oak N, C, S $ Dwarf lime eak N, 0, S, B $ City of Cape Canaveral Ordinance No. 01-2014 Page 5 of 12 i (i�4'T)--Meditem-Tice 131e3kmrelg:ave N, C, S, B + Burseca ci::&r'abc Gumbo limbe grg - Cc:pini s caroliniana 14embanThInebeeell N, C + Eery N, C, S, B + Carya glabra ilignot-hieIcofy N, C, S, B + Celtis laevigata Sugarberry N, C, S + Satinlea€ Srg - Diespyr33 vig ana 1?elnsimrrrerr N, C, S, B + Fieac arse Stranglcr fig CvB - -6&fa ri- arm Weep -ash N, C, S + Gerdenia-lasianthsus Labially -bay N, C, 5 + Ilexro Daheen N, C, S, B + Ile:: vernitafia welly N, C, S + Juniper as ailicicc N, C, S + 1 Sweet -bay N, C, S + Mart p.3 MC-st�r trco B 1V1onas-mbre Bei N, C, S 4 Wild -olive N, C, S 4 Parses bo-rbenia Bed -bay N, C, S, 13 + Pines-eleose Sand pare N, C, S + n.....,..., e iniana C. ehcrry laurel N, C, S, B + Qiiefetts-leevis Turkey -oak N, C, S + .1' 3a mangrove C, S, 13 - 1fnuc-arcricana American -elm N, C, S + . ' i.rcr eles club N E B + Southern s ae N, C, S, B + (LT) Large Tree Aeer rabr ira Sec:tl�c md Maple N, C, S 4 Liquidembcr styra3iflea Sweet -gar N, C, S + Megnclia g:arxamagnolia N, C, S, B + Swamp -Meek -gum N, C, S + S last: pine N, C, S, B + City of Cape Canaveral Ordinance No. 01-2014 Page 6 of 12 Pir.us ;.ra1•.alfis Qom' Que>eus-rrgiftiana Tanidiu distiehum (P) Palm Trcc galaal-PaPatifetis:R:eaeghti (S) Shrub Baekai s ka1i::i elia B2fCFk =el: asa Calliea.ra araricana EFJtPina hzrbaeeae iva-fruteseens lT: s imkata L-Gcn.tam ii:vektereta b ci nt aral i Lyonia fruticosa Payahiot ri.3nefvesa Quercus ,,,yrtif lia Qtuersus pumila Randia-aculeata Rhapidophyllurrn Iy3tri3E• Zanthei,. (G) Ground Corer n erestich.,,,., dan.,eaf liuf,. Lengleafpine N, C, S + Late -31 &ck N, C, S 4. Live -oak N, C, S, B 4 N, C, S - Saw palmetto N, C, S 4 Cabbage -palm N, C, £, B 4 C dse1-tie N, C, S, B 4' Tar flower N, C, S 4, Beauty-b.err N, C, S 4. Buttenbush N, C, S 4 B - Coral bean N, C, S, B + Marak-elder S - MaiSlrelder B - Wild -sage B - Chrstma.. burry N, C, S, B 4 Staggerbush N, C, S, B 4 N, C, S, B 4 Fettefbush N,C,S,B 4 Wil e C, 5, B Wilt C, S, B - Myftle-eak N, C, S, B 4 brig-eak N, C, S, L' + P aftdia C - Needle-pahn N, C, 5, 3 - Neek aee-ped 87B - Blueberry N, C, S, B Spain o1_ bs-ytmet N, C, S, B 4 Wild' lime Leather-fentN, C, S, B + WirtVeLf. N, C, S, B + City of Cape Canaveral Ordinance No. 01-2014 Page 7 of 12 Sea -ex -eye -daisy N, C, S, B 4s Ceratiole a of e Reseniaff N, C, S, B g-li N, C, S, 3 4 er SrB - Gaillardia pallol,,olla mei N, C, S, B 4 6 eria N, C, S 4 133cch sur.flewer N, C, S, 3 4 Lyn eneea11i Latif lia Spider -lily N, C, S, B + Hyper -kraal spp. St. 3e'y.'s weft N, C, S, B .4 Lioonia Faishatetii N, C, S, 3 4 Beaten -Cam Nephr-elepis-eefdifeha Beaten -Cam N, C, S 4= Netahr-e4epis-eEa hate Bestea-fera N, C, S 4= Nelina-atepeearpa Florida bcargrass N, C, S 4 P,4el;;y pcar N, C, S, B 4. Opuntia stricta Prie N, C, S, B 4 O3mendc. eimomenlea Cinnamon f rn N, C, S 4 eyal-fern N, C, S 4 133:,chs N, C, S, B + Panic grass N, C, S, B 4 Physalis `Iixosa Ground eherry N, C, S, B 4 Pilebiepbic gida Penn-YFeYal N, C, S, B + ltk-purslane N, C, S, B + Bracken fern N, C, S, B + lis ti /ialisdewberry N, C, S 4. N, C, S, B + Ses z.1 peft :laeastrum Sea przroi c. C� S, B 4 Spai4ina-st"P caniculata Yueea-ftlanienteua Spartine 1e rdgR 4 N, C, S, Sea -eats N, C, S, B $ Adans needle N, C, S, 3 4= Geetitieiafrewceet N, C, S, B 4 angustifelia Spatter -deck N, C, S 4 Nymphea-ederata White water lily N, C S + City of Cape Canaveral Ordinance No. 01-2014 Page 8of12 relweed N, C, S 4 Sagitta 3pp7 N, C, S 4 (V) Vinc Caesa1pinia a: -Ad c, c-rista Gray -nicker -bean B - S; B Cissus trifoliata "tee N, C, S 4= Ipemea-prae Railroad -vine C S B N, C, S, 11 4 Beaeh-mom nrg glery 13 Pertheneaiocuis 4btinque€e1_ia leper N, C, S, 13 4 Vi4.3c-a2r.,ti-.alis £lti-:n gape N, C, S + 'itis reru di f lia Muscadine -grape N, C, S, B + Vitus shuttlewo_htii Calusa grape N, C, S 4 Note: Those speciav-wki±ore-identified as-oca: rri:-r ir. the ba:ri - - - _ - o Galt burn and4hey-may-underge substantial -she& bccfere becoming acclimated t.. the barn'-; island-conditienc. Beard -al Name {ST) Small Tree N, C, S 4 Lagerstramia indica C-fave rr.yrtie N, C, S 4 {MT) Mcdium Tike l ar kiria purpuraa Oro h ee 83-g ash N, C, S, 13 4 Bettlehnish N, C, S, 13 4, 0.: .a:':iopa k ar.aefftlierles Carretweed 5-13 - Dalbergiasissee Reseweed C—, rS - £riebetrya jepenica Letluat N, C, S, B 4 Koelreuteria foresarra Ctekl-Fai it -tree N, C, S 4 Olive tree - Jerusalem -thorn N, C, S, B 4 UhEas rarril , parvi€elia Chinese -elm N, C, S, T2 4 (S) Shrub I Maki N, C, S + NONNATr`'E SPECM Common Name Cosy Cola Telcrance City of Cape Canaveral Ordinance No. 01-2014 Page 9 of 12 1Podoeappits-nagi (P) Palm Tree Phoenix .7-3elinata busta Nagi N, C, S 4 Queen -1384n N, C, S Andra N, C, S, B 4 Chinese fan N, C, S 4 Canary Island date N, C, S, B + Senegal date N, C, S 4 mill palm N, C, S $ N, C, S, B 4 Sec. 102-53. List of undesirable species. The planting of any tree and plant listed below in the current edition of the Florida Exotic Pest Plant Council's Invasive Plant Species List. as applicable to the East Central Florida Region, is strictly prohibited within the city. Botanical Name CasbaFra spp7 Eucalyptusp. Entorolthium centraFtisiliquern S-apittin-sebifefuna Dieseopas halbi€efa Sanserier�ra hyaeintheides Rioinas aorrar a :ic mar: Na-fla Brazilian rappeF Buegyptos Ear trco Chinaberry Camphor ee Chinese tallow Arif-petaterlair--yani Downy -rase rrrrtla Arfricar. :::1tr rg hemp Castor hean-plant Sec. 102-54. Tree replacement standards. eaktii:g the ar E r of trcc rcplacement credits in aaeordar (1) Far each medier:. or /1. It City of Cape Canaveral Ordinance No. 01-2014 Page 10 of 12 than tree -inch Tits shall be grantcd. (y) For moll sin ith i ) on said list and is at loast six fact tall wi filirtiFfitEr. and t ax3 1T .II it s'. -a11 keyed - TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS DBH of Number of Number of Protected Tree Replacement Replacement Trees (1.5" Small Trees or minimum dbh Palms Required each) Required for Each Tree for Each Tree Removed (Palms Removed must have at least 6 feet of clear trunk) 4" up to, but not 1 or 1 er Preferred or $250.00 including, 8" p'lent(s) w/sredit 8" up to, but not 2 or 2 Pr, d $500.00 including, 12" plant(s) is . icr�edits 12" up to, but 3 Not allowed Pre erred $750.00 not including, plant(s) 16" its 16" up to, but 4 Not allowed Preferred $1,000.00 not including, plant(s) 24" wiefedits >24" To be preserved; To be preserved; die To be preserved; see § 102-41 see § 102-41 preservcd; scc see § 102-41 § 102 11 * These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. Preferred Plant Contribution to Tree Bank* Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and City of Cape Canaveral Ordinance No. 01-2014 Page 11 of 12 omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section S. 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 b. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2014. ATTEST: ANGELA APPERSON, MMC City Clerk First Reading: Legal Ad published: Second Reading: December 17, 2013 January 2, 2014 January 21, 2014 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 01-2014 Page 12 of 12 For Against PPOT!rtIPS!'l Attachment 2 11 , .„ „ , LJ ! Your Personal List Plants for your site in Brevard County... Click on the plant name to get information about the plant Denotes a landscape favorite Trees Acer ticgmkto box -elder, ash -leaf maple infirm!' red maple timyris cicinifi'ro torch Nvood, sea torch \vood „i2lahra pond -apple, custard -apple Asintitur parrillora smallflower pawpaw rieclInia ,Lcrmilions black mangrove 13111S Si 11 a 11I gumbo -limbo coniiirrizina musclewood, Itornbeant. hi tie -beech C'arro /1( /1(11 water hickory ("(./I:viifiorithinar scrub hickory ghili a pignut hickory ia.evipriu hackberry, sugarl)erry Chiolutaduts white Iii gc tree (.77,:rsophy//47//1 satinleaf "! .viin()suin ficidleva)oci ereclit.s. buttonwood stiff cornel. swarnp dogwood ruccnrilioro titi, leatherwood persirrffnon fulcrylora Guiana plum t)(oriculata inkwood O Ficus. ititiva strangler fig •',...„ ' Fraxinits caro/iniana pop ash, water ash O '...., .,. l'ia.vinhspennsyfronica green ash • ..... (;(h.d(.'nia. Ih,sianilut,s lol)1011y-bay • ,„.,., (iliapira (fi91(n- blolly, l)eefwood o ',,,...,.,.' /Iv ambi,f.iia Carolina holly, sand holly ,„ O //cx c•as„Nirie dalto(m holly • //('A" ramitorill yaupon holly O Itinipffus virginfaha eastern red cedar • ‘..,,,,„,,.... krit,i.:hielendron lei -remit black iron\voocl, leadwo,()d • q..!;;;:.., L1,5411/1(11/(fri„ raccinosa white mangrove • '-'. - Liquhlurnhar sirracilluct skveetgum • .,,.' Ly(miu . .1.1-h,Qinc.,(1 rusty lyonia • .,'::.;.-.A141notio t4Tal1(1/11(iPt1 southern magnolia , O ".'. .'" /144,5violia virgin/owl s\vcet-bay „,„,,.;„,.,„.. • Alorti%.. rIthru red mulberry • it,/yrsiirc., („whaiia irlyrsine, colicwood O ''N.:1:..',''' OCOICa CI .11-1 aCC a 11.111.CCWOOd • '''..,,..,,.'''' OSMUllallIS me,tdcarphs scrub wild olive O 'li„-„,' Perseu horbotho red bay • '''''..,...,,' /Yrsea hunlifis scrub bay • ''..,,„:,,,/'Jsea oilii' swamp bay •',.,, .1)inus clau,s“0 sand pine • Pinus eflioitii slash pine • ,,,,,,:,-,- Punts puhrstris longleaf. pine • '''',,,,, Pinto. scrothht pond pine • ''',,, ../ L'runus caroliniuna cherry -laurel, laurel cherry • 1"ruhus umbefloth flog plum. .flatwoods plum • ()ucrcu.s' chain/70/1i/ C'haqiman's oak „..„„„- • 011C1C1IS C1111.11(11(1 Sand live oak • ()herots honispherich diamond oak, upland laurel oak Ouercus laccis turkey oak 01leTCUS hill 11 lid la laurel oak • One/cies nit„Titifiiiia myrtle oak Otero's nigra water oak • Quercus virginiana live oak • Rhizophora mangle red mangrove • .5"abaipainwito cabbage palm • cam/in/mut Carolina willow, eoastalplain willow Saida(lus saponaria wingleaf soapberry • Siderayvirm celastriiirmi saffron -plum • Sideroxylonlbetidissimum mastic, false mastic., wild olive • Sid; .1ylon !C/ULV tough buckthorn, tough bully „S'imarouha giallo: paradise tree, bitterwood. • 7'axodium aseendens pond cypress • Tcaudiuni din/chum bald cypress • Uhnits cm/erica/hi American elm 6 Vac.vinian? arboremn sparkleberry, farkleberry Zanthalylum clava-hereulis Hercules -club • Zantho.lyhtinjagara wild -lime, colina., lime pricklyash Start Over With a New Location Chance Specific Criteria JI Leave a Legacy 1111/1111 Ilhvy tv los 111111 II oil 011, E,1"jb1,1o1 e ))) 1111111111111111 For your location 11,410,41 is 1 1 1t11,1A 14,11 /ow re M-41,,, 1990 1111,,..(11,1,Ill 111): I(I 1 ir ,,,JJ)1)1)1,1)1iii,,,„!,!„,,,t1.1:1.111,111111111111111111111,1111111,111,1.1.1,11,1,111,111,1'1,111,11',1,1'.1,1'.1,1'll1111'11',11'111,'11,'11,'11,11,11,11,11,11,11,11,11.11.11.11.11.11.1111111111111111111111111111111111111111111111111iiiiiiiiiiiiiii'111111111'iilfill'iiiiill'I'I'l'''': 111,11,1111111'1'1I111„,'„,„ Member liZesotti•ces • Renew/Join • Address Chances • Contact 'FNI'S Chapter Resources • Suonort Documents • Other Resources Society Resources • Forum • Handbook 'Wild • Support Documents )Lin © 2011 Florida Native Plant Society {32 1 ) 271-6702 FNS Administrative Services Attachment 3 FLEPPC Florida Exotic Pest Plant Council JOIN NOW ABOUT FLEPPC BOARD OF DIRECTORS COMMITTEES LINKS SYMPOSIA * SEARCH Florida EPPC's 2011 Invasive Plant Species List PURPOSE OF THE LIST: To focus attention on — • the adverse effects exotic pest plants have on Florida's biodiversity and native plant communities, • the habitat losses in natural areas from exotic pest plant infestations, • the impacts on endangered species via habitat loss and alteration, • the need for pest -plant management, • the socio-economic impacts of these plants (e.g., increased wildfires or flooding in certain areas), It changes in the severity of different pest plant infestations over lime, 8 providing information to help managers set priorities for research and control programs. FLEPPC List Definitions: Exotic - a species introduced to Florida. purposefully or accidentally, from a natural range outside of Florida. Native - a species whose natural range includes Florida. Naturalized exotic - an exotic that sustains itself outside cultivation (it is still exotic,. it has not "become" native). Invasive exotic - an exotic that not. only has naturalized, but is expanding en its own in Florida native plant communities. Abbreviations: Government List (Gov. List): P = Prohibited aquatic plant by the Florida Department of Agriculture and Consumer Services N = Noxious weed listed by Florida Department of Agriculture & Consumer Services U = Noxious weed listed by U.S. Department of Agriculture Regional Distribution (Reg. Dist.): referring to each speciescurrent distribution in general regions of Florida (not its potential range in the state). N = North Florida C = Central Florida S = South Florida Category 1 Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives, This definition docs not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. Species names below are lir Aced 10 corresponthrig pages in Idunlifwalion and Biology of Non -Native Plants in Honda's Natural Areas (first editiont, by Ken Langeland and Kathy Craddock Burks.. eds. 1993. University of lorida, Gainesville. 165 pp. Scientific Name Abojjrccator/vs Acacia aoriculiformis jolibrissin Aiizin lobbuck Ardisia crcnata (=A. crenolata misapplied) Afdisia olliotica (=A. misapplied) .1 I Asuffraous aelniooicus (=A. sprongeri A. densiflorus misapplied) Baohinia vadopata layanica Caloohyllum antillanum (=C, Galatia and C. inophylloni misapplied) Casoarina euoiselifolia Casuarina olauca Cifinamoinlin? carnolrora Colocasia escalenta Colobrina asiatica Common Name rosary pea earleaf acacia mimosa., silk tree woman's tongue Icoral ardisia. ishoebutton ardisia asparagus -fern orchid tree bishopwood sanla maria (names "mast wood", Alexandrian laurel" used in cultivation) Australian -pine, beach sheoak suckering Australian -pine, gray sheoak camphor tree wild taro jlather leaf Gov. List N P, N N N Reg, Dist, [C, S C, C C,s N, C, S N, C, S cs S N, C, S s 'N, C, Cuonniovsis anacardioides ' Deparia petersonii Dioscorea afato Dioscoren bulbifora Eichhornia c(nes E(laonia unittota Ficus microcatua (F. Okla and F.. I relusa var, nitkla misapplied) 1-lvdri vedicillata Flvaranhi nolvsne I Irn Hyllle11aC1111(1 ,qtly3f0XiC4,1111iS.. hunerala cvlindrica ((. brasilie sis misapplied) loonmea ac//r; „las/Wm/in dicholotman ;.lastninuln Iluminenso Lantana camera (= L strigocarnara Liguslrum 11JJl11 Lianstn1111 S11101:tie tonicera kmon1qp Ludwigia peruviana Lumnitzera racemosa Luziola subintegra La___0111Q1?L' la?..!?!..than Lygodiummhannhylkun Mactadyena (looms -Gaff Manilkara zapota Melalotica glfingyonervia Melinis rope/ is Rhynchelytrom repens) Mimosa pi(En Nam-1km domoslica Neuhrolonis corchtufia Nephrolepis brownii (= N. tnultillora) Nevraudia roynaudiana Nvmonoidos cristata .......... Paederia cruddasiana Paederia Merida Panicum renens Pennise.tum nurpureum Phynratosoras scolopendria Pisa stratiotes Pskrium cadloianom (=P. litlorale) PS11111.1111 nuaiava carrotwood Japanese false spleenwort winged yam air -potato water -hyacinth Surinam cherry laurel fig hydriilo :green hygro West Indian marsh grass cogon grass water -spinach Gold Coast jasmine Brazilian jasmine lantana, shrub verbena glossy privet Chinese privet, hedge privet Japanese honeysuckle Peruvian primrosewillow I kripa, white -flowered mangrove: black mangrove Tropical American water grass Japanese climbing fern Old World climbing fern cat's claw vine sapodilla melaleuca, paper bark Natal grass calclaw mimosa nandina, heavenly bamboo sword fern Asian sword fern Burma reed, cane grass crested floating heart j sewer vine, onion vine skunk vine torpedo grass Napier grass serpent fern, wart fern water -lettuce strawberry guava guava N C,S N,C N ' N, C, S S 0, S P,U N,C,S P,U !N,C,S 0, S N U N, C, S P, U C,S 0, S N, C, S N,C N, C, S N, C, S N, C, S Is N N P, N, U P, N, U N N, 0, S C, S N, 0, S 0, S N, 0,5 S N,C N, C, S. 0, S 'S S N N N, C, S N, C, S I S P N. C. S S 0, Ptieratia 'nonfarm var. inhata (=P. lobata) Rhodonm ti iS lomenrosa Rhynchelytrum repens (=Mefinis repons) Rue///a brittoniana (= R. tweediana misapplied) Salvinia minima I kudzu downy rose -myrtle Natal grass N N CS N, C, S Mexican petunia N, C, S water spangles N, C, S Sanium senifer (=Tdadica sebilera' 'popcorn free, Chinese tallow tree N N, C, S Scaevota faccada [(=Scaevola sericea, S. frufescens) Scheffiera actinonItylla (=Brassaia actinophyfla) Schinus terebinthifolius Brazilian pepper P, N Scleria lacustris Wright's nutrush scaevola. half -flower, beach naupaka N C, S schefflera, Queensland umbrella tree Senna nendula var. giabada (=Cassia coluteoides) Solanum fampicenso (=S. hous(onii) Solanum 00111117 Syngonium podophythun climbing cassia, Christmas cassia, Christmas senna wetland nightshade, aquatic soda apple tropical soda apple arrowhead vine jambolan plum, Java plum Tectaria incisa incised halberd fern Thesousia nonnInea seaside mahoe Tradescantia Mil?thwasis small -leaf spiderwort Urena tobata Caesar's weed Urochloa mufica 'Para grass (= Brachiaria muhca) Category 11 U Nt) ,C,S N.C,S IN, C„ S c, s 0,5 0,5 C, S S C S Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These species may bccome ranked Category 1, if ecological damage is demonstrated, Species names below are linked to corresipondirig pages in Iduotlic-Mion nI Elioloqy ni Nu -(dive Plcods tri Florida Nauta/ Areas (first edition), by Ken iiiiiangeland and Kathy Craddock Burks, eels 1996. University r'',f lorida, Gainesville. 165 pp Scientific Name Common Name Adenanthera pavonina gave sisa ana Aleurites forilli (=Vernicia fordii) Alstonia macrophylla Allernanthera pIHIoxwoic/es Antigonon leptopus Ar'disia japonica Aristolochia tilloralis red sandalwood sisal hemp tung oil tree devil tree alligator weed I coral vine Japanese ardisia calico flower Gov. 1 Reg. List Dist. C. S C s P S N.C,S N C, S Asystasia gangetica Begonia cucullata Blechum pyramidatunr Ganges primrose wax begonia green shrimp plant, Browne's blechum Broussonetia papyrifera paper mulberry Bruguiera gymnorrhiza Callisia fragrans 1Callistemon vinjinalis 'Casuarina cunninghamiatra Cecropia paimata Ce.strom (burnum Chamaedorea seifrizii Clematis terniflora Cocos nacifera Cryptostegia rnadagascariensis C, S N, C, S N, C, S N, C, S large -leaved mangrove :S inch plant, spironema C, S boltlebrush, weeping !bottlebrush river sheoak, Australian-pne trumpet, tree day jessamine bamboo palm Japanese clematis coconut palm rubber vine, Cyperus involucrattis (G 9Itern,foIius misapplied) umbrella plant Cyperus prolifer I dwairf papyrus Durban crowfootgrass Indian rosewood, sissoo silverberry, autumn olive silverthorn, thorny olive pothos false banyan, council tree governor's plum !limpo grass mahoe, sea hibiscus Daclyloctenium aegyptium tJalbergia sissoo Elaeagnus umbellata Elaeagnus pungens Epiprerntrum pinnatum cv. 'Aureurn° Ficus allissima Flacourtia indica Hernarthria allissima Hibiscus tiliaceus (=Tatipariti tiliaceurn) i-fyparrherria rufa jaragua 1ponroea fistulosa (=1. carnea ssp. fistulosa) shrub mo ng -glory Kalanchoe pinnata life plant Koelreuteria elegans ssp. formosana (=K flarnegold tree forrnosarra K. panicutata misapplied) Leucaeria leucocephala lead tree Landoitia punctata (= Spirodela punctata) Spotted Duckweed Limnophila sesslliffora Asian marshweed Livistona chinensis 1Chinese fan palm efia azedarach Chinaberry Melinis minutiflora Molassesgrass 1Merrernia tuberosa '11Mikania micraolha Murraya panicutata Myriophylluni spicaturn Panicum maximum (=Urochloa nraxima, Megathyrsus maximus) Passiflora biflora P S S S 'N, C s S IC, S C, s N, 0, S C, N N, C s C, C, S C, S IC, S N, 0, S 1C,S N, C, S wood -rose mile -a -minute, vine orange -jessamine Eurasian water-rniffoil Guinea grass two -flowered passion vine N, U C,S s, N, 0, S Penn/se/urn seiaceurn Phoenix reclinata Phyllostachys atirea Pittosporurn oenlarninim Pleris viltala Plychosperma elegans Rhoeo spalhacea (see Tradescantia spattracea) Ricinus communis Rolala rolunclifolia Sanse vieria hyacintl;oides Sesbania punicea Solanum diphyllum Solan un torvum Sphagneticola trilobata (=Wedelia trilobata) Stachytarpheta caycnnensis (=S. unicifolia) Syagrus romanzoffiana (=Arecastrum romanzoffianum) Syzygiurn fambos Talipariti tiliaceum (= Hibiscus ti(iaceus) Terminalia calappa Terminalla Tradescantia soar/loam (=Rhoeo spattiacea, Rh000 discolor) Tribulus cistoides Vitex trifolia Washingtonia robusta Wedelia (see Sphagneticola above) Wisteria sinensis Xanthosonla sagittifoliwn Citation example: green fountain grass Senegal date palm goGden bamboo Philippine pittosporum, Taiwanese cheesewood Chinese brake fern solitaire palm castor bean roundleaf toothcup, dwarf Rolala bowstring hemp purple sesban, rattlebox two -leaf nightshade susumber, turkey berry wedeha I nettle -leaf porterweed queen palm Malabar plum, rose-appte mahoe, sea hibiscus tropical -almond Austrakan-almond oyster plant puncture vine, burr -nut simple -leaf chaste tree 'Washington fan palm Chinese wisteria Imalanga, elephant ear C, S N, C N, C, S C, S C, S N. C, S N. C, S N, U N, C, S C, S C,5 C„.S s 1 s C, N, C N C S ' FLEPPC. 2011. List of Invasive Plant Species. Florida Exotic Pest Plant Council, Internet: http://www.ileppc.orgikst/11ist.htm or Wiltkind Weeds Vol. 14(3-4):11-14: Summer/Fall 2011, The 2011 list was prepared by the FLEPPC Plant List Committee: Keith A. Bradley — Chair (2006 -present), The Insfitute for Regional Conservation, 22601 SW 152nd Ave., Miami, FL 33170,(305) 247-6547, bradleygregionalconservation.org Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, ..slamorada, FL 33036,(305) 664-8455, Jarlce.DuquesnetLtdep.state,f1,us David W. Hall, Private Consulting Botanist., 3Wrifi NW 13th, Place, Gainesville, FL 32605, (352) 375-1370 Roger L. Hammer, Retired Nat'uralist and Author, 17300Avocado Drive, Homestead, FL33030, haskazi44©oomoaviooi IPariuiuLHowell, Bmwa/dCounty Parks, Environmental 3ouhon,S50NVV38U`St'Oakland Park, FLJ33O0.(054) 357-8137. phowellPbrovvard.org Colette C.Jacnnn.USDA/APH|S/zPC).1g11 SVV�,1|hStreet, Gainesville, FL32008.(352)250'4458. Co|o80.CJacono©aphisuxdagnv Kenneth A. Langeland, University of Florida-iFAS, Center for Aquatic and Invasive Plants, 7922 NW 71st St., Gainesville, FL32G53.(352)3V2-SV14.goWr0@ufLodu Chris Lockhart, Florida Nalural Arcas inventory, c/o P.O.Box 24311O.Boynton Beach, FL33424311O,(5G1)738- 1179, chris@lockharts.org Gil Ne]son, Gil Nelson Associates, 157 Leonard's Dr' ThnmanviUo. GA 31792, gH@gUno|oon.oum Robert W. Pemberton, Research Associate, Florida MUSCUM of Natural History and Fairchild Tropical Botanic Garden, 2121 SW 28th Terrace, Fort Lauderdale, FL 33312, rPembenoo5ggmaii»om Jimi L 8ud|e, Everglades National Park, 40001 State Road 933O. Homestcad, FL 33034, (305) 242-7806, JimLSad|e©npu.Aov Robert VY.Simons. 1122SVV11ihAvu-Gainesville, FL32601'781G Daniel B. VVa,d, Department W Botany, University of F|ohdn. 2�0 Bartram Hall, Gainesville. FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological 8nioncus, Uriiversity of South Florida, Tampu, FL 33020. (813)974-2359. nnunder@conus[rdu FLEPPC Database The Florida Exotic Pest Plant Database contains over 211,000 sight records of infestations of FLEPPC Category I and Category II species in Florida public iands and waters. 143 species are recorded. Nearly ali of the records are from l'ocoL state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highways o,utility rights-of-way, Natural area managers and other veteran observers ofFlorida's natural landscapes suljmit these reonrdv, with many supported further by voucher specimens housed in local or regional herbaria for future reference and verification. New and updated observations can be submitted online at wmw.eddmenn,om/Uohda/, This dak`haue, along with other plant data resources such as the. University of South Florida Atlas of Florida Vascular Plants at www.p|mn\aUosusf.odu. the Florida Natural Areas Inventory database at wxmw.fnaiorq. and The lnstitule for Regional Conservariion Floristic lnventory of South F1'orida database at www.reoiomalconsorvationorn, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images of FLEPPC may be found at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plants, vw^w.plantadanusf.aduthe University of Florkla i-ierbarium collection catalutj, at Fairchild Tropical Botanic Garden's Virtual Herbarium. vmww.virtualiheIbahwm,n^o/vhmoAaihbn|. The Robert. K. Godfrey Herbarium at Honda State University., huo.:Xhedbahumn.bivasu.odu/indoxohg; the University of Florida's IFAS Center for Aquatic and |n.vanivc P|ants, http://p|mniej(an.uD,nUu, and the USDA PLANTS database, Lttmliu|a*uuudu.gmv/. Please note that greater success and accuracy in searching for plant information is likely if you scarch by scientific namo rathor than cornmon name. Comrnon narnes oflen vary in cultivation and across regions. Use of the FLEPPC List The FLEPPC List of Invasive Plant Species is not a regulatory list. Only those OantsIisted as Federal Noxious Weeds, Florida Noxious Weeds or in local ordinances are regulated by law.. FLEPPC encourages use of the Invasive Species List for prioritizing and implementing management efforts in natural areas. for educating lay audiences about environmental issues, and for supporting voluntary invasive plant removal programs. For more information on using the FLEPPC List of Invasive Plant Species, sec Wildland Weeds Summer 2002 issue (Vol. 5. No. 3), pp. 16-17.o, NOTE:Not all exotic plants brought into Florida become pest plants in naturai areas, The FLEPPC List of Invasive Plant Species represents only about 11% of more than 1„4.00 exotic species that have been introduced into Florida and have subsequently established outside of cultivation. Most escaped exotics usually present only minor problems in highly disturbed areas (such. as roadsides). And there are other exotics cultivated' in Florida that are "well-behaved" — that is, they don't escape cultivation at all. =~°~"°..S 'is of invasive Plant S soles Invasive S°e�esrana ementPhmn '' ° on ee^e ED I.� , ~�, r)101.,0, - �������__ View Distribution Report infestations About EDDMapS the ~e�s== at University of Georgia City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. /0 Subject: Ordinance No. 02-2014; amending Chapter 110, Zoning, related to variances and special exceptions; authorizing the city manager to extend variance and special exception approvals for a period of 12 months; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: The Code currently allows for a 12 month extension of variance and special exception approvals by the Board of Adjustment, if the property owner demonstrates good cause. Sec. 110-32. Expiration of variance or special exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12 -month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the variance or special exception shall be deemed expired and null and void. (b) Thereafter, a variance or special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a variance or special exception has lapsed due to abandonment, the applicant must resubmit its request for variance or special exception pursuant to this article. (Ord. No. 11-2005, § 2, 6-21-05) Staff would like to revise Section 110-32 to allow for the City Manager to grant the extension for good cause rather than the Board of Adjustment. By allowing the City Manager to grant the extension, time and City resources will be saved. A Board of Adjustment meeting will not have to be held, saving the cost of Staff and City Attorney time. Planning & Zoning Board reviewed the proposed Code revision on November 13, 2013 and recommended approval. Ordinance No. 02-2014 was approved at first reading on December 17, 2013. The Notice of Public Hearing was advertised in Florida Today on January 2, 2014. Submitting Director: Todd Morley Date: 1/03/14 City Council Meeting Date: 1/21/2014 Item No. /2 Page 2 of 2 Attachments: (1) Ordinance No. 02-2014 and (2) Planning & Zoning Board Recommendation. Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and Codification. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council thke the following actions: Adopt Ordinance No. 02-2014, second reading. Approved by City Manager: David L. Greene \71).. Date: / City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 02-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, RELATED TO VARIANCES AND SPECIAL EXCEPTIONS; AUTHORIZING THE CITY MANAGER TO EXTEND VARIANCE AND SPECIAL EXCEPTION APPROVALS FOR A PERIOD OF 12 MONTHS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently provides that variances and special exceptions approved by the Board of Adjustment shall expire 12 months after the effective date of approval unless a building permit is issued based upon and incorporating the approved variance or special exception; and WHEREAS, the Board of Adjustment is currently authorized to extend the expiration date for variances and special exceptions for good cause shown upon request of the applicant; and WHEREAS, the City Council desires to modify the extension procedures to authorize the City Manager to grant extensions of approved variances and special exceptions; and WHEREAS, the City Council believes that delegating this extension authority to the City Manager instead of the Board of Adjustment, as set forth herein, will expedite the processing of extension requests and preserve the City's resources; 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 OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City City of Cape Canaveral Ordinance No. 02-2014 Page 1 of 3 of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and ,;..a...,wt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE 11. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY *** Sec. 110-32. Expiration of variance or special exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the city manager board ofaJ A1...,...t-may extend the expiration dat , , by an additional 12 - month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the city manager board -of -ad.; At...:.t� prior to the expiration of the first 12 -month period. Any extension granted by the city manager pursuant to this section shall not increase the scope or intensity of the special exception or variance. Further, the approved special exception or variance shall remain subject to any applicable terms and conditions imposed as part of the board of adjustment's original approval. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the variance or special exception shall be deemed expired and null and void. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 02-2014 Page 2 of 3 Section 5. Severability. if any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of January , 2014. ATTEST: ANGELA APPERSON, City Clerk / Assistant City Manager First Reading: Legal Ad published: Second Reading: Rocky Randels, Mayor For Against December 17, 2013 January 2, 2014 January 21, 2014 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 02-2014 Page 3 of 3 Community Department Memo TO: Barry Brown, Planning & Zoning Director FROM: Susan L. Chapman, Secretary. Planning & Zoning Board THROUGH: R. Lamar Russe 1, Lhairperson, Panning & Zoning Board DATE: November 14, 2013 RE: Recommendation to City Council - Ordinance to Allow the City Manager to Grant Extensions for Special Exceptions and Variances, rather than the Board of Adjustment At the Planning &. Zoning Board 'Meeting held on November 13, 2013, the Board reviewed and held discussion regarding the above referenced Ordinance. By a (4) to (1) majority vote the Board recommended that Council approve the Ordinance. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/21/2014 Item No. // Subject: Ordinance No. 03-2014; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014, of the City to finance the cost of a City Hall, Fire Station, Refurbishment of a Wastewater Treatment Plant and related Capital Improvements; providing for the Series 2014 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the City's Financing Team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict herewith; providing for a severability clause; providing an effective date, first reading. Department: Administrative Services Summary: The City has taken significant steps to ensure that much needed Capital Construction Projects be realized. This includes a City Hall estimated completion at $3,300,000; Fire House estimated completion at $2,400,000; and refurbishment of the Main Wastewater Treatment Plant Building estimated at $1,000,000. To accomplish this undertaking, the City is seeking approval of a Bank Loan not to exceed $5,500,000. This loan will be fully supported by pledged revenues from the Half -Cent Sales Tax currently at $490,000 annually; State Revenue Sharing currently at $252,100 annually; Utility Taxes to include Public Service Tax at $1,504,000 annually; and Franchise Fees currently at $640,000 annually. These pledged revenues total $2,886,100 annually and provide coverage of 6.19X based on a projected maximum annual debt service of $466,500 for a 15 year loan. The City will never be required to levy ad valorem taxes on any property to pay the principal and interest on the Series 2014 Note, The current estimated annual debt service payment for Bank financing options at 10 years, 15 years, and 20 years, respectively, is as follows: Loan $5,500,000 Term 10 yrs 15 yrs 20 yrs Rate 2.55% 3.35% 3.93% Total Debt Service $6,300,479 $7,076,076.36 $8,043,902 Principal & Interest Payment $630,047 $466,500 $402,195 The Request for Proposal (RFP), attachment #3, was sent to nineteen banks seeking competitive bids/proposals for the City's proposed financing. Among other things, it requires Lender's adherence to the City's Term Sheet, to include no repayment penalty and no additional Financial Covenants. Responses are due by January 21, 2014. On or about January 24th, the City Manager, with input from the Financing Team, will select a lender that provides the overall proposal/bid which is in the City's best interest. The Financing Team and the selected lender will begin preparation of loan documents in anticipation of the final award by City Council on February 18th. The closing has been tentatively set for February 26, 2014. City Council Meeting Date: 1/21/2014 Item No. Page 2 of 3 Ordinance No. 03-2014, as required by the City Charter, provides first reading authority to the Financing Team under leadership of the City Manager to select a lender that provides an overall proposal/bid that is in the City's best interest and preparation of the loan documents subject to the final City Council approval at the second reading. Financial Impact: In addition, the $6,700,000 required for all construction projects could reduce the overall cost by using the $2,100,000 in Special Purpose Investment Account committed for City Hall and the Fire Station. This would leave the City with roughly $4,600,000 to repay on the loan. It would be prudent to go with the $5,500,000 loan; this would lessen the impact on reserves and preserve cash. A detailed analysis has been completed and based on future revenues and responsible spending the City can more than support repayment of the loan and satisfy all other financial obligations. Moreover, a space allocation was performed based on total square footage of City Hall containing 18,517 sq. ft. The allocation of 11,128 sq. ft. was analyzed accordingly using the City's Employee funding formula which accurately attributed costs per sq. ft.: 45% to the General Fund, 50% to the Wastewater Fund and 5% to the Stormwater Fund to arrive at the overall Loan allocation in dollars. Also taken into account were the prior purchase of land and the recent purchase of property located at 110 Polk Avenue. This was a total combined amount of $1,200,000. The space allocation and land purchase enhances the General Fund by more than $173,700 annually via Wastewater and Stormwater. Lastly, the General Fund is further enhanced by $80,000 annually based on the cost of the Main Wastewater Treatment Plant Building estimated at $1,000,000. The net annual cost of the loan to the General Government is $212,800 (P&I $466,500 - $173,700 Space/Land - $80,000 Wastewater Plant). All that withstanding, City Staff understands and remains mindful that the current economic climate and unforeseen future budgetary constraints/decisions made by the Florida State Legislature can impact forecasted revenues and expenses. This could include changes to existing tax structure, additional unfunded mandates or further limiting the City's ability to receive Business Tax Receipt Revenue, Communication Service Tax, or the like. However, through vigilance and a sound budgetary process on the City's part, operating and capital expenditures can be adjusted to reduce/mitigate most impact's. Submitting Department Director: John DeLeo Date: 1/10/14 Attachments: #1 - Ordinance No. 03-2014, #2 - SourceS) and Uses, #3 - RFP. Financial Impact: Reference Financial lmpact above. Reviewed by Finance Director: John DeLeo Date: 1/10/14 The City Manager recommends that City Council take'lihe following actions: Adopt Ordinance No. 03-2014, first reading which includes authorization for selection of lender and preparation of loan documents. Approved by City Manager: David L. Greene 9 -1)-1- Date: 0/3/by City Council Meeting Date: 1/21/2014 Item No. // Page 3 of 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain Attachment 1 ORDINANCE NO. 03-2014 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTED IN FURTHERANCE OF THE REQUIREMENT SET FORTH IN SECTION 2.12(5), CAPE CANAVERAL CHARTER; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,500,000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014, OF THE CITY TO FINANCE THE COST OF A CITY HALL, FIRE STATION, REFURBISHMENT OF A WASTEWATER TREATMENT PLANT AND RELATED CAPITAL IMPROVEMENTS; PROVIDING FOR THE SERIES 2014 NOTE TO BE SECURED BY THE CITY'S PUBLIC SERVICE TAX, HALF -CENT SALES TAX, GUARANTEED ENTITLEMENT AND CERTAIN FRANCHISE FEES; AUTHORIZING THE CITY'S FINANCING TEAM TO PROCEED TO DEVELOP NECESSARY DOCUMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES OR PARTS OF PRIOR INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Authority for this Ordinance. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, Section 2.12(5) of the City Charter, City of Cape Canaveral, Florida (the "City") and other applicable provisions of law (the "Act"). SECTION 2. Findings. It is hereby ascertained, determined and declared that: (A) The City (i) pursuant to Section 166.231, Florida Statutes and certain ordinances, levies a tax on the purchase of certain utility services provided within the jurisdictional limits of the City (the "Public Service Tax"); (ii) pursuant to the provisions of Chapter 218, Part VI, Florida Statutes, receives a distribution from the Local Government Half -Cent Sales Tax Clearing Trust Fund (the "Half -Cent Sales Tax") (iii) in accordance with the provisions of Chapter 218, Part II, Florida Statutes, receives funds from the Revenue Sharing Trust Fund for {27526782;3) Page 1 of 5 City of Cape Canaveral, Florida Ordinance No. 03-2014 Page 2 Municipalities, a portion of which distribution is the "guaranteed entitlement" as defined in Section 218.21, Florida Statutes (the "Guaranteed Entitlement"); and (iv) receives fees as a result of granting various entities permission to operate within the City a telecommunication system, a cable television system, electric light and power facilities and directly electric -related services, and a natural gas distribution system (collectively, the "Franchise Fees"). Such Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement and Franchise Fees are not now pledged in any manner. (B) The City is without currently available funds to pay for all of the costs of acquiring and constructing a City Hall and a fire station and related capital improvements and rebuilding the main wastewater treatment plant building and related improvements (the "Project"), and therefore proposes to pay a portion of such costs thereof from the proceeds of its not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014 (the "Series 2014 Note") to be issued by the City. (C) The principal of, premium, if any, and interest on the Series 2014 Note and all required sinking fund, reserves and other payments will be payable solely from (i) the Public Service Tax, the Half -Cent Sales Tax, the Guaranteed Entitlement and the Franchise Fees and (ii) until applied in accordance with the provisions of a supplemental resolution (the "Resolution") of the City adopted prior to the delivery of the Series 2014 Note, all moneys, including investments thereof, on deposit in or credited to certain funds and accounts established under the Resolution (collectively with (i) above, the "Pledged Revenues") and the City will never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Series 2014 Note or to make any other payments provided for herein or in the {27526782;3} Page 2 of 5 City of Cape Canaveral, Florida Ordinance No. 03-2014 Page 3 Resolution, and the Series 2014 Note will not constitute a lien upon any properties owned by the City or located within the boundaries of the City, but will be payable solely from the Pledged Revenues in the manner provided in this Ordinance and in the Resolution supplemental hereto. (D) It is necessary and desirable to confirm the professionals who will continue to assist the City in the proceedings necessary for the authorization, sale, and issuance of the Series 2014 Note and investment of proceeds of the Series 2014 Note. SECTION 3. Authorization of Series 2014 Note and Acquisition and Construction of Project. The issuance by the City of its not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014 for the purpose of paying costs of acquiring and constructing the Project and the cost of issuance for the "Series 2014 Note" is hereby authorized. The Series 2014 Note shall be dated, shall bear interest at a rate or rates not exceeding the maximum legal rate per annum, shall mature, shall be subject to redemption, shall be secured solely by a lien upon and pledge of the Pledged Revenues, and shall have such other characteristics as shall be provided by the Resolution. Any Note(s) required by the lender shall be in form approved by the City Manager in consultation with the Finance Team consistent with the terms and conditions of this Ordinance. SECTION 4. Designation of Finance Team and Approval of Terms of Engagement. The Finance Team with respect to the Series 2014 Note shall consist of: Larson Consulting Services, LLC, as Financial Advisor to the City, Akerman LLP as Bond Counsel, Brown, Garganese, Weiss & D'Agresta, PA as City Attorney, the City Manager, the Finance Director, and the City Clerk. (the "Finance Team"). Under the direction of the City Manager, the Finance Team is hereby approved and shall take such action, and execute such documents on {27526782;3} Page 3 of 5 City of Cape Canaveral, Florida Ordinance No. 03-2014 Page 4 behalf of the City, deemed reasonably necessary to effectuate the loan closing authorized by this Ordinance. In addition, to the extent required by the lending institution and deemed advisable by the Finance Team, the Mayor is hereby authorized to execute loan documents on behalf of the City. SECTION 5. Conflicting Prior Inconsistent Ordinances. All prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict herewith are hereby repealed and all prior inconsistent ordinances or parts of prior inconsistent ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 6. Severability. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of this ordinance; it is hereby declared to be the express opinion of the City Council of the City of Cape Canaveral that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. {27526782;3} [Remainder of Page Intentionally Left Blank] Page 4 of 5 City of Cape Canaveral, Florida Ordinance No. 03-2014 Page 5 SECTION 7. The provisions within this Ordinance shall take effect immediately upon the adoption date. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of February, 2014. ATTEST Angela Apperson, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only Anthony A. Garganese, City Attorney {27526782;3} CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Page 5 of 5 For Against Attachment #2 SOURCES AND USES STATEMENT Sources of Funds The total Construction Projects will take approximately $6,700,000 to complete. Sources: Special Purpose Investment Account (SPIA) as of November 30, 2013 Fire Station Reserve $1,436,429 Fire Station Capital Expansion $67,430 City Hall Reserve $336,896 General Government Capital Expansion $267,567 Total: $2,108,322 Pledged Revenues (Annually) Franchise Fees $640,000 Utility Taxes $1,504,036 State Revenue Sharing $252,127 Half Cent Sales Tax $490,000 Total: $2,886,163 Wastewater and Stormwater (Annually) City's Employee Funding Formula (45% General Fund; 50% Wastewater; 5% Stormwater) Construction Main WWTP $80,000 Space Allocation City Hall $129,700 Prior Purchase land/property $44,000 Total: $253,700 USE OF FUNDS The $2.108,322 contributed from the SPIA used to reduce the overall construction costs to $4,591,678. Construction costs $6,700,000 SPIA $2,108,322 Total: $4,591,678 The Pledged Revenues of $2,886,163 annually provides the necessary coverage (6.19X) to repay a debt service of $466,500 for a 15 year loan. Wastewater/Stormwater Funds enhance the General Fund by $227,000 annually. The $5,500,000 loan would solidify the required dollars needed to successfully complete the Construction Projects and is fully supported and executed by the Sources/Uses listed above. Attachment 3 CITY OF CAPE CANAVERAL, FLORIDA EQUEST FOR PROPOSAL (RFP) UP TO $5,500,000 REQUEST' FOR BANK TERM LOAN (BANK QUALIFIED) CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014 David Greene,. 2014-01 Contracting Buyer: City Manager January 21, 2014 Pre -Proposal Date: Not .Applicable 2:00 PM - EST Issue Date: December 18, 2013 RFP Number: RFP Due Date: RFP Due Time: TABLE OF CONTENTS Special Terms and Conditions SIIII111112117V of Proposed Terms A 11aCIIMe 1. listorical Summary of Plede,ed Revenues and Projccicil 1)cht Service C(weragc. 2. Draft Bond Ordinance 3. 'Preliminary Sources and L'ses, I) 'hi Service, and Summary Slat sties Schedules,. Proposals to the City of Cape Canaveral, are (Inc by 2:00 p.m. E.S.T. on January 21, 2014. An email response is acceptable. If delivered, they should be sent to Ms. Angie Apperson, Administrative Services Director, 105 Polk Avenue, Cape Canaveral, Florida 32920, Tel: 321-868-1220, ext. 220. Page 2 PtitN 5 Page 8 Background Information The City is requesting that financial institutions provide an RF1' response to the proposed Capital Improvement Note, Series 2014 (-the 2014 Note.). The proposed 2014 Note, subject to City Council approval, is a bank qualified financing providing funds for a City Hall. Fire Station, Main Waste Water Treatment Plant Building Refurbishment and other capital requirements. The estimated closing date is February 26, 2014, following notice of the recommended lender(s) by the City's Selection Committee (expected to occur by January 24th), and recommendation to the City Council along with the io-bc- approved documentation (targeted for February 1811). The documentation is subject to approval by the City's Bond Counsel, City Attorney, City Staff, City Financial Advisor and the selected Lender and their Counsel. Thesc dates are tentative, provided as a guide, and subject to change based 011 the City's sole discretion. -1- C4 TY CP tA0V faiNAVietkAL CITY OF CAPE CANAVERAL, FLORIDA December 18, 2013 SPECIAL TERMS AND CONDITIONS REOUEST FOR BO BANK TERM LOAN Up to S5,500,000 Capital improvement Revenue Note, Series 2014 INTRODUCTION: The City of Cape Canaveral, Florida (the "City") hereby solicits responses for a tax- exempt Bank Term Loan (Bank Qualified) for the City in accordance with the terrns, conditions, and specifications outlined in this Request for Proposal and the attached "Summary of Proposed Terms". Purpose of the Term Loans The proposed Term Loan for the City of Cape Canaveral is expected to be a long term, fixed rate bank placement that, together with other City funds, will provide the funding of a City Hall project, Fire Station, Main Waste Water Treatment Plant Building Refurbishment, other capital requirements approved by the City Council, and cost of issuance. II. PROPOSAL DUE DATE: Your response for the Bank Term Loan Proposal will be due at the City of Cape Canaveral, Finance Department, by either physical delivery or by email to Ms. Angie Apperson, MMC, Administrative Services Director (Email: a.apoerson(a),citvofcaoecanaveral.ora no later than 2:00 p.m. EST, January 21, 2014, and will be recorded as they arrive.. A copy of each RFP response should also be sent to the City's Financial Advisor bv email also by 2:00 p.m. EST the 21' of January (email ilarson(colarsonconsults.com). Please include in the Proposal, along with your transmittal letter, (1) the proposed principal Bank Contact Officer(s), (2) proposed Lender's Counsel and fees, (3) BQ Fixed Rate Options, and (4) three comparable Florida or SE Lender Client references, with full contact information. Proposals delivered or emailed to the City will not be accepted after this time. III. SUBMISSIONS OF PROPOSALS: (A) ACCEPTANCE / REJECTION / MODIFICATION TO PROPOSAL: The City reserves the right to negotiate modifications to Proposals that it deems acceptable, to reject any and all Proposals, and to waive minor irregularities in the procedures or to award to other than the respondent producing the lowest net interest cost or true interest cost if it is, based on the sole and absolute determination of the City, in the best interests of the City. It reserves the right to select a lender for the note, issue, or to not proceed with this financing due to market conditions, or alternative funding options, and all actions are subject to City Council approval. In addition to the primary factor of the lowest TIC generated by the respondent's proposed fixed BQ Rate and fees and expenses of the Lender and its Counsel for any conforming RFP response that meets the terms of the City's RFP, the other items listed in Section I1 will be reviewed by the City's Selection Team and its Financial Advisor in evaluating the Bank RFP responses. The emphasis will be on Lender's proposed fixed BQ rate fees/expenses, with approximately equal weighting, also given, as needed, on the items set forth below; (i) Bank References, (ii) Lender's adherence to the City's Term Sheet, including desire for no prepayment penalty, and no additional, proposed Financial Covenants, (iii) Lender's agreement to hold the proposed BQ Fixed Rate Options, based on proposed and identifiable indices, as requested in the RFP until February 28, 2014, and (iv) Other innovative ideas, and prior demonstrated relationship with, and support of the City's prior financing and banking needs. (B) PROPOSAL BINDING: Following receipt on January 20, all Proposals submitted should be binding until February 28, 2014. This would enable a closing following any City Council action needed (expected to be on the February 18th agenda), and subsequent documentation changes, as needed, by no later than Friday night, February 21, 2014. The City anticipates having a pre-closing/signing at City Hall on February 25th and a closing on February 26t. IV. ADDITIONAL INFORMATION: Any questions regarding this proposal should be directed in writing by email to Jeff Larson, Financial Advisor to the City, Larson Consulting Services, Tel: 407-496-1597, or by email to ilarsonna,larsonconsults.com, with a copy to Larry Aubrecht, SVP, Larson Consulting Services (laubrechtnlarsonconsults.com). Any material emails or questions will be provided, as a courtesy, to the City of Cape Canaveral, Finance Department, -3- Attention: Mr. John DeLeo, Finance Director, for their records. This process is in no way intended to discourage an innovative response, but any request for additional information and the Financial Advisor's or City's provision of additional material will be shared with other potential respondents that have indicated an intention to respond. We also believe that a lot of information is readily available by reference either to the material in Exhibit A or the City's Website. Please note that any contact by a respondent, or a representative of the respondent, to either City Staff, or City Attorney, City's Bond Counsel, or City elected officials may result in a disqualification of that respondent -4- CITY OF CAPE CANAVERAL, FLORIDA REQUEST FOR BANK TERM BQ NOTE Capital Improvement Revenue Note, Series 2014 SurnmarV u J 1'r000sed1'ernis Issuer/Borrower: City or Cape Canaveral. Florida (-City-) Financial Advisor: ....zifson Consulting Services., Orlando, l'iorida Bond Counsel: Akerman1.1.P, Orlando City Attorney: Brown. Gargancse. Vs'eiss & D'Ai4resta. P.A., Orlando City Project Manager: Amounts: David L. vene, City Manager Up to and not to exceed S5,500,000 Capital linprovement Revenue Note, Series 2014. Final amounts will be established by the City following input from its 'Financial Advisor, and reference is made to the preliminary Sources and Uses in the .Exhibi( for an estimated maximum par amount of the Note. Tax Exemption: BorrowinLls will be bank qualified per discussions with City Stall and its 1.3ond C'ounscl based on a February 2014 closinc date. It is anticipated that the City's I3ond Counsel will work with the City Attorney, Financial Advisor and City Starr, to prepare the Note/Award Ordinance and Resolution, Note and other documentation 101 review by Lender and Lender's („Ounsel. Potential Future Borrowings in Calendar Year 2014: The City does not currently anticipate issuing any other debt secured by the Pledged Revenues over the next several years. Award Date and Schedule: The City Start', via its Financial Advisor', expects to notify the winning bank for the Note issue by January 24th or the City Selection Team's recommendation. Upon receipt or that notice, the Lender would be expected to have its Counsel review documents promptly upon receipt from Bond Counsel or Financial Advisor, and provide comments. The City Staff and Financial Advisor expect to make (heir recommendation for approval and formal award to the Bank, and seek City Council approval of the respective Loan documentation, at the February 18, -5- 2014 Regular City Council Meeting, with an expected preclosing or signing date of February 25, 2014 at City Hall, and a closing on February 26, 2014. Commitment Date: Commitments will be received no later than 2:00 p.m. EST, January 21, 2014. 2014 Project: Expected to include a new City Hall (estimated $3 Million), Fire Station (estimated $2 Million), Main Waste Water Treatment Plant Refurbishment (estimated $1 Million), and other City capital requirements. Purpose: To provide available funds, together with City funds, for (1) the 2014 Project and (2) pay costs of issuance. Authority: Will be governed by the customary Note authorizing documents and opinions prepared by Bond Counsel and City Attorney and reviewed by the Finance Team, selected Lender and its Counsel. Documentation: The City's Note obligation will be documented in a manner typical of similar tax-exempt, bank qualified debt, together with the customary closing papers and City attorney and Bond Counsel legal opinions, as required. The City will utilize the services of its Financial Advisor and Bond Counsel in the structuring and closing of this Note. Financial and reporting covenants will typical of a financing like this, with a Covenant Compliance Schedule provided in future City FYE audits, and the City's CAFR and Budget provided on a timely basis. Security: Background: The Capital Improvement Note, Series 2014 will be payable from, and secured by, a senior lien payable from the City's Pledged Revenues. These legally available Non Ad Valorem revenues are detailed in the Appendix Material. The City is well run, has very little existing debt ($1,444,762 as of December 2013) and a healthy fund balance ($8,751,985 as FYE 9/30/12). The existing debt (see page 61 to the 2012 CAFR) consists of 2 SRF loans related to the City's sewer utility, and has no debt currently secured by the Pledged Revenues. Financial and Budget Information: The FYE September 30, 2012 City CAFR, and 2013-14 Budget, are available on the City's website. Exhibit A also provides, as a courtesy, (1) a preliminary Sources and Uses, Debt Service, and Summary Statistics schedules for the proposed 2014 BQ Refunding Note assuming a par amount of $5,500,000. (2) a copy of the Draft Bond Ordinance and (3) a Historical Summary of Pledged Revenues and Projected Debt Service Coverage. Repayment Terms: Term and Debt Service Schedules The City anticipates selecting a BQ fixed rate for the Series 2014 Note. Interest will be payable, as currently scheduled, each February 1 and August 1 (Interest Payment Dates"), with the first interest due on August 1, 2014. The first principal payment will be due on February 1, 2015, with the final principal for the 15 year Term option (see below) due February 1, 2029. Early Prepayment: The City requests that there be no nrenavment penalty of anv kind. If the Lender requires a prepayment penalty or "make -whole" clause on any fixed rate options selected, or no prepayment penalty after an initial no call period, please provide that in your response. -6- Rate Quotes: Please provide your institution's tax-exempt, bank qualified, fixed rate options. Please note that the interest rate day basis will be 30/360 days. Proposed Financial Covenants: 10 year Tenn: 15 year Tenn: 15 year Tenn: 20 year Term: % Final Maturity February 1, 2024. % Final Maturity February 1, 2029. % (with 20 year Amortization). % Final Maturity February 1, 2034. While encouraged, it is not a requirement for a lender to respond to each of the Term options noted above. Strong considerations will be given to the 15 year Fixed Rate responses, and any longer Term options provided. If an additional fee or rate lock agreement is needed to hold the rates until closing, please provide the details. Additional Bonds Test: No additional senior lien, parity debt can be issued unless the City's debt service coverage (Total Pledged Revenues divided by Maximum Annual Debt Service, "MADS") is greater than 1.50X, with Pledged Revenues being the average for the two most recent fiscal year ends as set forth in the City's CAFRs. MADS will include any existing debt secured by the Pledged Revenues and any proposed senior lien parity debt. (1) Please note that any additional financial or investment balance related requirements are not expected, and if proposed, will not be viewed favorably. Reporting Requirements: The City will make its annual CAFR available either via Digital Assurance Corporation, per 15c2-12 or to the respective lender within 210 days of the FYE. Budgets will be made available within 30 days following adoption by the City Council. Bank and Lender Counsel's Fees and Expenses: Please state the not to exceed fees and expenses of the lender and its Counsel which are applicable if Lender's Counsel is asked to only review documents provided by the City Attomey and Bond Counsel. -7- Exhibit A Please review the documents for additional information. 1. A Historical Schedule of Pledged Revenues, and projected Debt Service Coverage is attached based on a maximum par amount of $5,500,000. 2. City of Cape Canaveral, CAFRs and Budgets are available on the City's web -site at www.citvofcapecanaveral.ora under the Finance Department. Reference is made to Schedules 9 through 14 on pages 120-125 of the City's 2012 CAFR. 3. Draft Debt Ordinance is attached. 4. Based on the RFP parameters, Larson Consulting, on behalf of the City, has also provided: • Capital Improvement Revenue Note, Series 2014 o Preliminary Sources and Uses, Summary Statistics, and Debt Service Schedules based on the City's proposed Series 2014 Note at the maximum par amount of $5,500,000. -8- City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/21/2014 Item No. /2 Subject: Ordinance No. 04-2014; repealing Articles II and III of Chapter 90 of the Cape Canaveral Code of Ordinances relating to flood damage prevention and floodplain protection; adopting a new Article 11 of Chapter 90 entitled "Floodplain Management amending Chapter 82, Buildings and Building Regulations to create a new Article Vi entitled "Local Amendments to the Florida Building Code " adopting local amendments to the Florida Building Code to implement the National Flood Insurance Program; providing for the repeal of prior, inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community and Economic Development Summary: The Federal Emergency Management Agency (FEMA) identifies Special Flood Hazard Areas (SFHA's) within the boundaries of each jurisdiction. These are areas that may be subject to periodic inundation which may result in loss of life and property, heath and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. The City of Cape Canaveral has historically participated in the National Flood Insurance Program (NFIP) and last year was awarded an improved rating, from an "8" to a "7". Flood insurance policyholders in the City enjoy premium discounts as a result. For this reason, Staff desires to continue to meet the requirements of the Federal Regulations necessary for such participation. The State now requires that local jurisdictions adopt a Model Flood Protection Ordinance, or substantially similar Ordinance. These revisions are intended to mesh with Flood Protection Codes adopted in the 2010 Florida Building Code. The attached Ordinance is based on the Model Code with the non -conflicting provisions of existing Chapter 90 (Floods) remaining, where possible. Certain local administrative amendments to the Florida Building Code were required and are reflected within the Ordinance. Staff at the Florida Division of Emergency Management has reviewed this Ordinance and indicated that it meets the requirements of the NFIP. Submitting Directors: Todd Morley and Glenn Pereno Date: 1/8/2014 Attachments: Ordinance No. 04-2014. Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and Codification. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council tak. Adopt Ordinance No. 04-2014, first reading. Approved by City Manager: David L. Greene Date: OOP Li City Council Action: [ ] Approved as Recommended [ 1 Disapproved he following action(s)!: City Council Meeting Date: 1/21/2014 Item No. a Page 2 of 2 [ ] Approved with Modifications [ 1 Tabled to Time Certain ORDINANCE NO. 04-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING ARTICLES II AND III OF CHAPTER 90 OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN PROTECTION; ADOPTING A NEW ARTICLE II OF CHAPTER 90 ENTITLED "FLOODPLAIN MANAGEMENT;" AMENDING CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS TO CREATE A NEW ARTICLE VI ENTITLED "LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE;" ADOPTING LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE TO IMPLEMENT THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of City of Cape Canaveral and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Cape Canaveral was accepted for participation in the National Flood Insurance Program on September 29, 1972 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code and to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a 10 -year period for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program's Community Rating System and, pursuant to section 553.73(5), Florida Statutes, is formatting that requirement to City of Cape Canaveral Ordinance No. 04-2014 Page 1 of 30 coordinate with the Florida Building Code; and WHEREAS, the City Council is adopting a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas and, pursuant to section 553.73(5), Florida Statutes, is formatting that requirement to coordinate with the Florida Building Code; 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 OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Repeal of Articles II and III, Chapter 90 of the City Code. The City Council of the City of Cape Canaveral hereby repeals, in their entirety, Article II, Flood Damage Prevention, and Article III, Floodplain Protection, of Chapter 90, Floods, of the Cape Canaveral Code of Ordinances. A complete copy of Articles II and III, Chapter 90 is attached hereto as Exhibit "A," for references purposes only. Section 3. Adoption of New Article ll, Chapter 90, "Floodplain Management." The City Council of the City of Cape Canaveral hereby adopts the following as Article II of Chapter 90 of the Cape Canaveral Code of Ordinances: ARTICLE II. FLOODPLAIN MANAGEMENT DIVISION 1. ADMINISTRATION PART A. GENERAL Sec. 90-26. Title. This Article shall be known as the Floodplain Management Ordinance of the City of Cape Canaveral. Sec. 90-27. Scope. The provisions of this Article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Section 90-28. Intent. The purposes of this Article and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: City of Cape Canaveral Ordinance No. 04-2014 Page 2 of 30 (a) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (b) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; ( c) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (d) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (e) Minimize damage to public and private facilities and utilities; (f) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (g) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (h) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 90-29. Coordination with the Florida Building Code. This Article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. Sec. 90-30. Warning. The degree of flood protection required by this Article and the Florida Building Code, as amended by the City, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring the City to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this Article. Sec. 90-31. Disclaimer of Liability. This Article shall not create liability on the part of the City Council of the City of Cape Canaveral or any officer or employee thereof for any flood damage that results from reliance on this Article or any administrative decision lawfully made thereunder. PART B. APPLICABILITY Sec. 90-32. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 90-33. Areas to which this Article applies. This Article shall apply to all flood hazard areas within the City of Cape Canaveral, as established in section 90-34. Sec. 90-34. Basis for establishing flood hazard areas. The Flood Insurance Study for City of Cape Canaveral Ordinance No. 04-2014 Page 3of30 Brevard County, Florida and Incorporated Areas dated March 17, 2014, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this Article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at City Hall. Sec. 90-35. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Part E of this Division, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the City indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 90-36. Other laws. The provisions of this Article shall not be deemed to nullify any provisions of local, state or federal law. Sec. 90-37. Abrogation and greater restrictions. This Article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Article and any other ordinance, the more restrictive shall govern. This Article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Article. Sec. 90-38. Interpretation. In the interpretation and application of this Article, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the City; and ( c) Deemed neither to limit nor repeal any other powers granted under state statutes. PART C. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 90-39. Designation. The Building Official is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 90-40. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this Article. The Floodplain Administrator shall have the authority to render interpretations of this Article consistent with the intent and purpose of this Article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this Article without the granting of a variance pursuant to Part G of this City of Cape Canaveral Ordinance No. 04-2014 Page 4 of 30 Division. Sec. 90-41. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the City, shall: (a) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (b) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this Article; ( c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (d) Provide available flood elevation and flood hazard information; ( e) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (f) Review applications to determine whether proposed development will be reasonably safe from flooding; (g) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this Article is demonstrated, or disapprove the same in the event of noncompliance; and (h) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this Article. Sec. 90-42. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; ( c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement" and (d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood City of Cape Canaveral Ordinance No. 04-2014 Page 5 of 30 resistant construction requirements of the Florida Building Code and this Article is required. Sec. 90-43. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Part G of this Division. Sec. 90-44. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this Article. Sec. 90-45. Inspections. The Floodplain Administrator shall make the required inspections as specified in Part F of this Division for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Sec. 90-46. Other Duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (a) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 90-42; (b) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); ( c) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (d) Review required design certifications and documentation of elevations specified by this Article and the Florida Building Code and this Article to determine that such certifications and documentations are complete; ( e) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Cape Canaveral are modified; and (f) Advise applicants for new buildings and structures, including substantial improvements that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." Sec. 90-47. Floodplain management records. Regardless of any limitation on the period City of Cape Canaveral Ordinance No. 04-2014 Page 6 of 30 required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Article and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this Article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City Hall. PART D. PERMITS Sec. 90-48. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this Article, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this Article and all other applicable codes and regulations has been satisfied. Sec. 90-49. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this Article for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. Sec. 90-50. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this Article: (a) Railroads and ancillary facilities associated with the railroad. (b) Nonresidential farm buildings on farms, as provided in section 604.50, Florida Statutes. ( c) Temporary buildings or sheds used exclusively for construction purposes. (d) Mobile or modular structures used as temporary offices. ( e) Those structures or facilities of electric utilities, as defined in section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open - sided wooden hut that has a thatched roof of palm or palmetto or other traditional City of Cape Canaveral Ordinance No. 04-2014 Page 7 of 30 materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (g) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (h) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (1) Structures identified in section 553.73(10)(k), Florida Statutes, are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps. Sec. 90-51. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the City. The information provided shall: (a) Identify and describe the development to be covered by the permit or approval. (b) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. ( c) Indicate the use and occupancy for which the proposed development is intended. (d) Be accompanied by a site plan or construction documents as specified in Part E of this Division. ( e) (f) (g) Administrator. State the valuation of the proposed work. Be signed by the applicant or the applicant's authorized agent. Give such other data and information as required by the Floodplain Sec. 90-52. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this Article shall not be construed to be a permit for, or approval of, any violation of this Article, the Florida Building Codes, or any other ordinance of this City. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 90-53. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 90-54. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other ordinance, regulation or requirement of the City. City of Cape Canaveral Ordinance No. 04-2014 Page 8 of 30 Sec. 90-55. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (a) The St. Johns River Water Management District; section 373.036, Florida Statutes. (b) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, Florida Statutes, and Chapter 64E-6, Florida Administrative Code. ( c) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, Florida Statutes. (d) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, Florida Statutes. ( e) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (f) Federal permits and approvals. PART E. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 90-56. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this Article shall be drawn to scale and shall include, as applicable to the proposed development: (a) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (b) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with section 90-57(b) and ( c). ( c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with section 90-57(a). (d) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. ( e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (g) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (h) Extent of any proposed alteration of sand dunes or mangrove stands provided City of Cape Canaveral Ordinance No. 04-2014 Page 9 of 30 such alteration is approved by the Florida Department of Environmental Protection. (i) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Article. Sec. 90-57. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. ( c) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (2) Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three (3) feet. (d) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 90-58. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this Part, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (a) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 90- 59 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (b) For development activities proposed to be located in a riverine flood hazard area City of Cape Canaveral Ordinance No. 04-2014 Page 10 of 30 for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the City. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. ( c) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 90-59. (d) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 90-59. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. PART F. INSPECTIONS Sec. 90-60. General. Development for which a floodplain development permit or approval is required shall be subject to inspection. Sec. 90-61. Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Article and the conditions of issued floodplain development permits or approvals. Sec. 90-62. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this Article and the conditions of issued floodplain development permits or approvals. Sec. 90-63. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 90-57( c)(2), the documentation of height of the City of Cape Canaveral Ordinance No. 04-2014 Page 11 of 30 lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. Sec. 90-64. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 90-63. Sec. 90-65. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Article and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. PART G. VARIANCES AND APPEALS Sec. 90-66. General. The Construction Board of Adjustments and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this Article. Pursuant to section 553.73(5), Florida Statutes, the Construction Board of Adjustments and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Sec. 90-67. Appeals. The Construction Board of Adjustments and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this Article. Every decision of the Construction Board of Adjustments and Appeals shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. Sec. 90-68. Limitations on authority to grant variances. The Construction Board of Adjustments and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 90-72, the conditions of issuance set forth in section 90-73, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Construction Board of Adjustments and Appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of this Article. Sec. 90-69. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 90-58. Sec. 90-70. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation City of Cape Canaveral Ordinance No. 04-2014 Page 12 of 30 shall be subject to the requirements of the Florida Building Code. Sec. 90-71. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this Article, provided the variance meets the requirements of section 90-69, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 90-72. Considerations for issuance of variances. In reviewing requests for variances, the Construction Board of Adjustments and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Article, and the following: (a) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (b) The danger to life and property due to flooding or erosion damage; ( c) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (d) The importance of the services provided by the proposed development to the City; ( e) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (f) The compatibility of the proposed development with existing and anticipated development; (g) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (h) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (j) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. Sec. 90-73. Conditions for issuance of variances. Variances shall be issued only upon: (a) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Article or the required elevation standards; (b) Determination by the Construction Board of Adjustments and Appeals that: (1) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; City of Cape Canaveral Ordinance No. 04-2014 Page 13 of 30 (2) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (3) The variance is the minimum necessary, considering the flood hazard, to afford relief; ( c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. PART H. VIOLATIONS Sec. 90-74. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this Article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Article, shall be deemed a violation of this Article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this Article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Sec. 90-75. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this Article and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. Sec. 90-76. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. DIVISION 2. DEFINITIONS Sec. 90-77. Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Article, have the meanings shown in this section. Where terms are not defined in this Article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this Article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Alteration of a watercourse. A dam, impoundment, channel relocation, change in City of Cape Canaveral Ordinance No. 04-2014 Page 14 of 30 channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this Article or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1 -percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the "1 -percent -annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, Florida Statutes, and recorded in the official records of the City, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. [Note: The FBC, B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas."] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] (1) Area with a floodplain subject to a 1 -percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the City's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth City of Cape Canaveral Ordinance No. 04-2014 Page 15 of 30 number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 29, 1972. [Also defined in FBC, B, Section 1612.2.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1972. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] (1) The area within a floodplain subject to a 1 -percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. City of Cape Canaveral Ordinance No. 04-2014 Page 16 of 30 Flood Insurance Rate Map (FIRM). The official map of the City on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this Article (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the City, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this Article. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: City of Cape Canaveral Ordinance No. 04-2014 Page 17 of 30 Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the City's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or Tess which has a vehicular curb weight of 6,000 pounds or Tess and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C- 1.0101, F.A.C.] City of Cape Canaveral Ordinance No. 04-2014 Page 18 of 30 Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home Tots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this Article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 29, 1972. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in 320.01, Florida Statutes] Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, Florida Statutes) (1) Built on a single chassis; (2) Four hundred (400) square feet or Tess when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1 -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial City of Cape Canaveral Ordinance No. 04-2014 Page 19 of 30 improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a 10 -year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the 10 -year period begins on the date of the first improvement or repair of that building or structure subsequent to April 9, 2002. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this Article, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this Article or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. DIVISION 3. FLOOD RESISTANT DEVELOPMENT PART A. BUILDINGS AND STRUCTURES City of Cape Canaveral Ordinance No. 04-2014 Page 20 of 30 Sec. 90-78. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 90-50, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Part G of this Division. Sec. 90-79. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (a) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. (b) Minor structures and non -habitable major structures as defined in section 161.54, Florida Statutes, shall be designed and constructed to comply with the intent and applicable provisions of this Article and ASCE 24. PART B. SUBDIVISIONS Sec. 90-80. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and ( c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 90-81. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 90-57 (a) of this Article; and ( c) Compliance with the site improvement and utilities requirements of Part C of this Division. PART C. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 90-82. Minimum requirements. All proposed new development shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will City of Cape Canaveral Ordinance No. 04-2014 Page 21 of 30 be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and ( c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 90-83. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 90-84. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 90-85. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 90-58(a) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 90-86. Limitations on placement of fill. Subject to the limitations of this Article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only); fill shall comply with the requirements of the Florida Building Code. Sec. 90-87. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 90-58(d) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 90-109( c). PART D. MANUFACTURED HOMES Sec. 90-88. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, Florida Statutes, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this Article. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 90-89. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: City of Cape Canaveral Ordinance No. 04-2014 Page 22 of 30 (a) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this Article. (b) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this Article. Sec. 90-90. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. Sec. 90-91. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with section 90-92 or 90-93, as applicable. Sec. 90-92. General elevation requirement. Unless subject to the requirements of section 90- 93, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). Sec. 90-93. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 90-92, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (a) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or (b) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 90-94. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. Sec. 90-95. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. City of Cape Canaveral Ordinance No. 04-2014 Page 23 of 30 PART E. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 90-96. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (a) Be on the site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. Sec. 90-97. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 90-96 for temporary placement shall meet the requirements of Part D of this Division for manufactured homes. PART F. TANKS Sec. 90-98. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sec. 90-99. Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of section 90-100 shall: (a) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. (b) Not be permitted in coastal high hazard areas (Zone V). Sec. 90-100. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sec. 90-101. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. PART G. OTHER DEVELOPMENT Sec. 90-102. General requirements for other development. All development, including man - City of Cape Canaveral Ordinance No. 04-2014 Page 24 of 30 made changes to improved or unimproved real estate for which specific provisions are not specified in this Article or the Florida Building Code, shall: (a) Be located and constructed to minimize flood damage; (b) Meet the limitations of section 90-85 if located in a regulated floodway; ( c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (d) Be constructed of flood damage -resistant materials; and ( e) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. Sec. 90-103. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 90-85. Sec. 90-104. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 90-85. Sec. 90-105. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 90-85. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 90-58( c). Sec. 90-106. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (a) Structurally independent of the foundation system of the building or structure; (b) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and ( c) Have a maximum slab thickness of not more than four (4) inches. Sec. 90-107. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (a) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased Toads resulting from the attached deck. City of Cape Canaveral Ordinance No. 04-2014 Page 25 of 30 (b) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. ( c) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (d) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave run-up and wave reflection. 90-108. Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (a) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (b) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and ( c) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. Sec. 90-109. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (a) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (b) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. ( c) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave run-up and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest City of Cape Canaveral Ordinance No. 04-2014 Page 26 of 30 horizontal structural member of the building. Section 4. Adoption of New Article VI, Chapter 82, "Local Amendments to the Florida Building Code." The City Council of the City of Cape Canaveral hereby adopts the following as Article VI of Chapter 82 of the Cape Canaveral Code of Ordinances: ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING Sec. 82-146. Administrative amendments to Florida Building Code, Building. Add a new Sec. 104.10.1 as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Add a new Sec. 117 as follows: 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures adopted in Article II of Chapter 90 of this Code shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. Sec. 82-147. Technical amendments to Florida Building Code, Residential. (Underlined type indicates additions to and type indicates deletions from the existing text of the Florida Building Code, Residential). Modify a definition in Section 202 as follows: City of Cape Canaveral Ordinance No. 04-2014 Page 27 of 30 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a 10-vear period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each buildina or structure. the 10-vear period beains on the date of the first improvement or repair of building or structure subsequent to April 9. 2002. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation Plus 1 foot or the design flood elevation. whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet 2 feet (610 mm) if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation. whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. Modify Sec. R322.3.2 as follows: R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high -hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is: 1.1 Located at or above the base flood elevation plus 1 foot or the design flood elevation. whichever is hiaher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the City of Cape Canaveral Ordinance No. 04-2014 Page 28 of 30 direction of approach, or 1.2 Located at the base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. Sec 82-148. Technical amendments to Florida Building Code, Building. (Underlined type indicates additions to and strilkethrough type indicates deletions from the existing text of the Florida Building Code, Building). Modify a definition in Section 1612.2. as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place durina a 10-vear period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each buildina or structure. the 10-vear period begins on the date of the first improvement or repair of building or structure subsequent to April 9. 2002. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 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 City of Cape Canaveral Ordinance No. 04-2014 Page 29 of 30 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. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2014. ATTEST: ANGELA APPERSON, MMC City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 04-2014 Page 30 of 30 For Against Municode EXHIBIT Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE» Chapter 90 - FLOODS » ARTICLE H. FLOOD DAMAGE PREVENTION » ARTICLE II. FLOOD DAMAGE PREVENTION DIVISION 1. - GENERALLY DIVISION 2. - ADMINISTRATION DIVISION 3. - FLOOD HAZARD REDUCTION Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 90 - FLOODS » ARTICLE II. - FLOOD DAMAGE PREVENTION » DIVISION 1. GENERALLY » DIVISION 1. GENERALLY Sec. 90-26. Definitions. Sec. 90-27. Findings of fact. Sec. 90-28. Statement of purpose. Sec. 90-29. Obiectives. Sec. 90-30. Lands to which article applies. Sec. 90-31. Basis for establishina areas of special flood hazard. Sec. 90-32. Compliance. Sec. 90-33. Abroaation and areater restrictions, Sec. 90-34. Interpretation. Sec. 90-35. Wamina and disclaimer of liability. Sec. 90-36. Penalties for violation. Secs. 90-37-90-45. Reserved. Sec. 90-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction. Appeal means a request for a review of the city's interpretation of any provision of this article or a request for a variance. Area of shallow flooding means a designated AO or VO zone on the city's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. httn•//lihrary mttnino i rnm/mint ne h=RrrlientTlI=17.Fi4?.Rr.FfTMRen nest=httn%ia%2f04... 1 /9/2014 Municode Page 2 of 16 Area of special flood hazard means the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means that portion of a building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Coastal high hazard area means the area subject to high velocity waters caused by but not limited to hurricane wave wash. The area is designated on a FIRM as zone V1-30, VE or V. Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials or equipment. Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts or piers), shear wails or breakaway walls. Existing construction means any structure for which the start of construction commenced before the effective date of the ordinance from which this section is derived. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads, is completed before the effective date of the ordinance from which this section is derived. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. Flood, flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of the city, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A. Flood insurance rate map (FIRM) means an official map of the city on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. hftr, //li1irar r rim rriirnelp rnm/rvrinf aenv7h=RrrlipntTT1=17Fid7Rr114M1RPrntPC1=%ffrioh A13,1,9P n 1 /9/7.014 Municode Page 3 of 16 Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor means the top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Functionally dependent facility means a facility which cannot be used for its intended purpose, unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include longterm storage, manufacture, sales or service facilities. Highest adjacent grade means the highest natural elevation of the ground .surface, prior to construction, next to the proposed walls of a building. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a• By an approved state program as determined by the Secretary of the Interior, or b• Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the nonelevation design standards of this chapter. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contains one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar }Aire //lihranl mnninnrle. rnm/mint aenv9h=.&rliPnf1T1=17F,d1ArTIMARPrn1Pet=httrh0I.,120/A?Oh 1 /14i7n14 Municode Page 4 of 16 transportable buildings placed on a site for 180 consecutive days or longer and intended to be improved property. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD) means, as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means any structure for which the start of construction commenced after the effective date of the ordinance from which this section is derived. The term also includes any subsequent improvements to such structure. Recreational vehicle means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling, but a temporary living quarters for recreational, camping, travel or seasonal use. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building, including manufactured home, on a site, such as the pouring of slabs or footings, installation of pipes, construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and walkways nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the extemal dimensions of the building. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other manmade facilities or infrastructure. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any combination of repairs, reconstruction, alteration, rehabilitation, addition, or other improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building is the appraised or assessed value of the building, less the land prior to the start of the initial repair or improvement, or, in the case of damage, the value of the building httn•//lihrary rnnnientip rim /mint et f1Tb 1')6,11RkT-TTIVIRentiPcl=httnohAss(VO , 1 /901114 Municode Page 5 of 16 prior to the damage occurring. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: (1) Any project for improvement of a building required to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the code enforcement official, which have been cause for issuance of a citation or condemnation, and which are solely the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure, and for which a variance has been granted pursuant to section 90-50 Variance means a grant of relief from this article which permits construction in a manner otherwise provided by this article where specific enforcement would result in unnecessary hardships. (Code 1981, § 624.07; Ord. No. 7-92, § 1(624.07), 7-21-92; Ord. No. 25-92, § 1, 1-5-93; Om' No. 10-2003, § 2, 5-6- 03) Cross reference— Definitions and rules of construction generally, § 1-2. Sec. 90-27. Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and govemmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages. (Code 1981, § 624.01; Ord. No. 7-92, § 1(624.01), 7-21-92) Sec. 90-28. Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (3) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. (4) Control filling, grading, dredging and other development which may increase erosion or flood damage. (5) h#n•//1ihroru mitnir+nrb. nnm/print acnv91-t=zir1; fTTl=l 7cal RI-N'TMRermect=Mtn1410/') % 1/9/2014 Municode Page 6 of 16 Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Code 1981, § 624.02; Ord. No. 7-92, § 1(624.02), 7-21-92) Sec. 90-29. Objectives. The objectives of this article are to: (1) Protect human life and health. (2) Minimize expenditure of public money for costly flood control projects. (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. (4) Minimize prolonged business interruptions. (5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains. (6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas. (7) Ensure that potential home buyers are notified that property is in a flood area. (Code 1981, § 624.03; Ord. No. 7-92, § 1(624.02), 7-21-92) Sec. 90-30. Lands to which article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the city. (Code 1981, § 624.09; Ord. No. 7-92, § 1(624.09), 7-21-92) Sec. 90-31. Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance rate map, dated April 3, 1989, adopted November 8, 1990, with accompanying maps and other supporting data, and any revision thereto are adopted by reference and declared to be a part of this article. (Code 1981, § 624.10; Ord. No. 7-92, § 1(624.10), 7-21-92) Sec. 90-32.. Compliance. No structure or land shall be located, extended, converted or structurally altered without full compliance with this article and other applicable regulations. (Code 1981, § 624.12; Ord. No. 7-92, § 1(624.12), 7-21-92) Sec. 90-33. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Code 1981, § 624.13; Ord. No. 7-92, § 1(624.13), 7-21-92) Sec. 90-34. Interpretation. htM•//1;hrary r•nm/print aenv91v—Rrr•liPntrr�11647R.T-TTMRPrnZPci=1ttM%la%'71s/n 1 /9/9.014 Municode Page 7 of 16 In the interpretation and application of this article, all sections shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city council; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 1981, § 624.14; Ord. No. 7-92 § 1(624.14), 7-21-92) Sec. 90-35. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article. (Code 1981, § 624.15; Ord. No. 7-92, § 1(624.15), 7-21-92) Sec. 90-36. Penalties for violation. Violation of this article or failure to comply with any of the requirements of this article, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall, upon conviction, be punished as provided in section 1-15. (Code 1981, § 624.32; Ord No. 7-92, § 1(624.16, 624.32), 7-21-92) Secs. 90-37-90-45. Reserved. Cape Canaveral, Florida, Code of Ordinances » Subpart B - LAND DEVELOPMENT CODE » Chapter 90 - FLOODS » ARTICLE 11. - FLOOD DAMAGE PREVENTION » DIVISION 2. ADMINISTRATION » DIVISION 2. ADMINISTRATION Cn Sec. 90-46. Designation of administrator. Sec. 90-47. Duties and responsibilities of administrator. Sec. 90-48. Establishment of development aemiit. Sec. 90-49. Permit procedures. Sec. 90-50. Variance procedures. Secs. 90-51-90-60. Reserved. Sec. 90-46. Designation of administrator. The building official is appointed to administer and implement this article. (Code 1981, § 624.19; Ord. No. 7-92, § 1(624.19), 7-21-92) Sec. 90-47. Duties and responsibilities of administrator. h+fn•//lihrarcr mi prteiP r•nm Int; Tit acnv9h=.PrrliPntID=17647R,NTMRPnuupct=htftic/n'A0/A9f°/n... 1/9/7014 Municode Page 8 of 16 (a) Duties of the building official under this article shall include but not be limited to: (1) Review all development permits to ensure that the permit requirements of this article have been satisfied. (2) Advise the permittee that additional federal or state permits may be required and, if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the state department of environmental protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency. (4) Ensure that maintenance is provided within the altered or relocated portion of a watercourse so that the floodcarrying capacity is not diminished. (5) Verify and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures, in accordance with section 90-49 (6) Verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved structures have been floodproofed, in accordance with section 90-49 (7) In coastal high hazard areas, obtain certification from a registered professional engineer or architect that the structure is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (6) In coastal high hazard areas, review plans for adequacy of breakaway walls in accordance with sections 90-62 through 90-65 (9) When floodproofing is utilized for a particular structure, obtain certification from a registered professional engineer or architect, in accordance with sections 90-62 through 90-65 (10) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (11) When base flood elevation data or floodway data have not been provided in accordance with section 90-31, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer division 3 of this article. (b) All records pertaining to this article shall be maintained in the office of the building official and shall be open for public inspection. (Code 1981, § 624.21; Ord. No. 7-92, § 1(624.21), 7-21-92) Sec. 90-48. Establishment of development permit. A development permit shall be required in conformance with this article prior to the commencement of any development activities. (Code 1981, § 624.11; Ord. No. 7-92, § 1(624.11), 7-21-92) Sec. 90-49. Permit procedures. l-,ttn•//lib•traru m,rn;ent1P enrro/nririt aeriv9h=kr.lipntTT1=17hd7At, NTTVIRPnnPct=hltn%ia%7.Wn 1/9/2014 Municode Page 9 of 16 Under this article, application for a development permit shall be made to the building official on forms furnished by him prior to any development activities. The application may include but not be limited to the following: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed building, fill, storage of materials, drainage facilities and the location of such. Specifically, the following information is required: (1) Application stage. a. Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings; b. Elevation in relation to mean sea level to which any nonresidential building will be floodproofed; c. Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in sections 90-62 through 90-65 d. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development. (2) Construction stage. Provide a first floor (i.e., lowest living area) elevation which is a minimum of 12 inches above the crown of any street (measured at centerline) which is contiguous to the site or floodproofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the building official a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make the corrections required shall be cause to issue a stop work order for the project. (Code 1981, § 624.20; Ord. No. 7-92, § 1(624.20). 7-21-92; Ord. No. 21-93, § 1, 7-6-93) Sec. 90-50. Variance procedures. (a) The zoning board of adjustment shall hear and decide appeals and requests for variances from this article. (b) The zoning board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building official in the enforcement or administration of this article. (c) Any person aggrieved by the decision of the zoning board of adjustment or any taxpayer may appeal such decision to the city council pursuant to section 110-33 of this Code. htt„ //1;Iwo rtz win rnmMrint acnv9h=k 1ii+nt1T)=1 47R TTMRPrninct=hf n%,A%7.f"/n... 1/9/2014 Municode Page 10 of 16 (d) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure. (e) In passing upon such application, the zoning board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article and the following: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity of the facility to a waterfront location, for a functionally dependent facility. (8) The availability of altemative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing govemmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems and streets and bridges. (f) Upon consideration of the factors listed in subsection (e) of this section and the purposes of this article, the zoning board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances shall include the following: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and, for a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing Local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the 1,1+n•//lihwarsr mimirnrl, r•nm/r.,, * ooriv9h=RrrliantTTT=116d')R,TSTA/MRwtni.d=}ittrOhlaM/'NW, 1 /Q/)fly 4 Municode Page 11 of 16 structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (4) The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Code 1981, § 624.22; Ord. No. 7-92, § 1(624.22), 7-21-92; Ord. No. 07-2007, § 5, 12-4-07) Secs. 90-51-90-60. Reserved. FOOTNOTE(S): — (2) Cross reference --Administration, ch. 2. (Back) Cape Canaveral, Florida, Code of Ordinances» Subpart B - LAND DEVELOPMENT CODE >> Chapter 90 - FLOODS >> ARTICLE II. - FLOOD DAMAGE PREVENTION» DIVISION 3. FLOOD HAZARD REDUCTION » DIVISION 3. FLOOD HAZARD REDUCTION Sec. 90-61. General standards. Sec. 90-62. Standards for residential construction. nonresidential construction and elevated buildings. Sec. 90-63. Standards for manufactured homes and recreational vehicles. Sec. 90-64. Floodways. Sec. 90-65. Coastal hiah hazard areas (V zones). Sec. 90-66. Standards for streams without established base flood elevation and floodways. Sec. 90-67. Standards for subdivision orouosals. Sec. 90-68. Standards for areas of shallow flooding (AO) zones. Secs. 90-69-90-90. Reserved. Sec. 90-61. General standards. In all areas of special flood hazard, the following shall apply: (1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include but are not limited to use of over -the - top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and located to prevent water from entering or accumulating within the components during conditions of flooding; (6) kttn•//l; bravo mnnirnrlo rnm/rtrin+ ocnv911—Rr!•liPnfTTl=1'74d1Rri7T1ViT7PrtiiPet=httrko/Ra0k7fa4 1 (Q(')(114 Municode Page 12 of 16 New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (7) New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems Into floodwaters; (8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) Any alteration, repair, reconstruction or improvement to a structure which is in compliance with this article shall meet the requirements of new construction as contained in this article; (10) Any alteration, repair, reconstruction or improvement to a building which is not in compliance with this article shall be undertaken only if such nonconformity is not furthered or extended; and (11) Adequate drainage paths shall be provided around structures to guide shallow floodwaters or stormwater runoff around and away from them. (Code 1981, § 624.26; Ond. No. 7-92, § 1(624.26), 7-21-92; Orsi. No. 25-92, § 2, 1-5-93; Ord. No. 6-94, § 1, 2-1-94) Sec. 90-62. Standards for residential construction, nonresidential construction and elevated buildings. (a) Generally. In all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 90-31 or 90-47, the standards in this section are required. (b) Residential construction. New construction or substantial improvement of any residential structure shall have a first floor (i.e., lowest living area) elevation which is a minimum of 12 inches above the crown of any street (measured at centerline) which is contiguous to the site. Should solid foundation perimeter walls be used to elevate a building, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of sections 90-62 through 90-65 (c) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or nonresidential structure shall have a first floor elevation which is a minimum of 12 inches above the crown of any street (measured at centerline) contiguous to the site. Buildings located in all A -zones may be floodproofed in lieu of being elevated provided that all areas of the building below the required elevation are water -tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official set forth in section 90-49 (d) Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by the foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as follows: (1) Designs for complying with this subsection must either be certified by a professional engineer or architect or meet the following minimum criteria: a- A minimum of two openings shall be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; b. The bottom of all openings shall be no higher than one foot above grade; and c. 1,t+r%•//Iillrorw mnnirnsln nnmlTTnf .nortv911=RrrliArbil" lcal RiT-ITA/ERs+rn.*Pc*=h+trs0AZA/..' 0.4 1 IQ Pal Municode Page 13 of 16 Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; (2) Electrical, plumbing and other utility connections are prohibited below the base flood elevation; (3) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (4) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (Code 1981, § 624.27(A)—(C); Oa No. 7-92, § 1(624.27), 7-21-92; Ord. No. 21-93, §§ 2, 3, 7-6-93) Sec. 90-63. Standards for manufactured homes and recreational vehicles. (a) In all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 90-31 or 90-47, standards for manufactured homes and recreational vehicles shall be as set forth in this section. (b) All manufactured homes placed or substantially improved on individual lots or parcels in expansions to existing manufactured home parks or subdivisions or in substantially improved manufactured home parks or subdivisions must meet all the requirements for new construction, including elevation and anchoring. (c) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: (1) The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength of no less than 36 inches In height above grade; (3) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement; or (4) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home placed or substantially improved must meet the standards of subsections (c)(1) and (3) of this section. (d) All recreational vehicles placed on sites must either: (1) Be fully licensed and ready for highway use; or (2) Meet all the requirements for new construction, including anchoring and elevation requirements of subsection (c)(1) and (3) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect -type utilities and security devices and has no permanently attached structures. (Code 1981, § 624.27(D); Ord. No. 7-92, § 1(624.27(E)), 7-21-92) Sec. 90-64. Floodways. Located within areas of special flood hazard established in section 90-31 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of }fi'fr•/ni}-n-orc, T1lnnin"rio r.r\TTi/yw f Obnv91t=R'IiDTltm=11 uTAAl? Pmlec+=}lf}T°/,, /0f0/n 1/9!7f114 Municode Page 14 of 16 floodwaters which carry debris, potential projectiles and has erosion potential, the following shall apply: (1) Encroachments, including fill, new construction, substantial improvements and other developments are prohibited, unless certification, with supporting technical data, by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; (2) If sections 90-62 through 90-65 are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction sections of this division; and (3) The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided the anchoring standards of section 90-61 and the elevation and encroachment standards of sections 90-62 through 90-65 are met. (Code 1981, § 624.27(D); Oirl. No. 7-92. § 1(624.27(E)), 7-21-92) Sec. 90-65. Coastal high hazard areas (V zones). Located within the areas of special flood hazard established in section 90-31 are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following shall apply: (1) All buildings or structures shall be located a minimum of 50 feet landward of the reach of the mean high tide. (2) All buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member, excluding pilings or columns, is located a minimum of one foot above the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away during abnormal wave action and in accordance with sections 90-02 through 90-65 (3) Ail buildings or structures shall be anchored on pilings or columns. (4) Ail pile and column foundations and structures attached thereto shall be anchored to resist flotation, collapse and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. Water loading values shall equal or exceed the base flood. Wind loading values shall be in accordance with chapter 1205 of the Southem Standard Building Code Congress International, Inc., Standard Building Code, 1988/1989 edition, or subsequent edition then in effect. (5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with sections 90-62 through 90-65 (6) There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping and aesthetic purposes, provided the fill wilt wash out from storm surge, thereby rendering the building free of obstruction, prior to generating excessive loading forces, ramping effects or wave deflection. The building official shall approve design plans for landscaping and hffr•//Iihrarlr mirrinnrlo nnm/rr.irf Derv9h=RrrliartTT1=1164.7RrT-TTAARpnnPct=T7Hrtohla0/`J{0/.. 1 I4/7014 Municode Page 15 of 16 aesthetic fill only after the applicant has provided an analysis by an engineer, architect or soil scientist, which demonstrates that the following have been fully considered: a- Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and C. Slope of fill will not cause wave runup or ramping. (7) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (6) Lattice work or decorative screening shall be allowed below the base flood elevation, provided it is not part of the structural support of the building and is designed to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which it is to be used and provided the following design specifications are met a- No solid walls shall be allowed; and b. Material shall consist of lattice or mesh screening only. (9) If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. (10) Prior to construction, plans for any structures that will have lattice work or decorative screening must be submitted to the building official for approval. (11) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in sections 90-62 through 90-65 (12) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided the anchoring standards of section 90-61, and the elevation standards of sections 90-62 through 90-65 are met. (Code 1981, § 624.27(E); Ord. No. 7-92, § 1(624.27(F)), 7-21-92) Sec. 90-66. Standards for streams without established base flood elevation and floodways. Located within the areas of special flood hazard established in section 90-61 el seq., where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply: (1) (2) No encroachments, including fill material or structures, shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. New construction or substantial improvements of buildings shall be elevated or floodproofed to elevations established in accordance with section 90-47(11). 1,ttro//Iiivrorar ennninniio nnm/nrinit ocnv9l-1=RsnliantTT1=176►A7RTNTMRPrn1acf=htttl0/n1 s1°,43.P/n 1/9/2014 Municode Page 16 of 16 (Code 1981, § 624.28; Ord. No. 7-92, § 1(624.28), 7-21-92) Sec. 90-67. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than the lesser of 50 lots or five acres. (Code 1981, § 624.29; Ord. No. 7-92, § 1(624.29), 7-21-92) Sec. 90-68. Standards for areas of shallow flooding (AO) zones. Located within the areas of special flood hazard established in this article are areas designated as:shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following shall apply: (1) All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade. (2) All new construction and substantial improvements of nonresidential buildings shall: a Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or b. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (Code 1981, § 624.30; Ord. No. 7-92, § 1(624.30), 7-21-92) Secs. 90-69-90-90. Reserved. ti++Y, •//1ii'Iror.r s»ri»ir.nrla nnm /»r;»+ oc•»v91-.=Rrrl/Pn+Tr i144.'IRrT-TT?,TTI.r,i,Pe+z--1Hr0h °/"..) f°,4, 1 /9fA14 Municode Page 1 of 3 Cape Canaveral, Florida, Code of Ordinances » Subpart B - LAND DEVELOPMENT CODE» Chapter 90 - FLOODS » ARTICLE III. FLOODPLAIN PROTECTION » ARTICLE III. FLOODPLAIN PROTECTION 21 Sec. 90-91. Definitions. Sec. 90-92. Purpose and intent. Sec. 90-93. Development in designated floodolains. Sec. 90-94. Prohibited uses. Secs. 90-95-90-115. Reserved. Sec. 90-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural pursuits means activities related to cultivating the soil and producing crops. Best management practices means those practices as developed and recommended by the U.S. Department of Agriculture, state department of agriculture or other appropriate agencies. Development means the carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. (1) The following activities shall be construed to involve development: a. Reconstruction, alteration of the size or material change in the external appearance of a structure. b. Change in land use intensity, such as an increase in the number of units in a structure or on the land. C. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal. d. Alteration of the land or vegetation in a floodplain or floodprone area. e. Drilling, except to obtain soil samples, mining or excavation on land. f Demolition of a structure. g. Clearing of land. h. Deposit of refuse, solid or liquid waste or fill on land. (2) The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development." FIRM maps means flood insurance rate maps published by the Federal Emergency Management Agency (FEMA). 1iffn•ini}•w.ar+r mltit in. il" nnmfI. r%f ncmv'111=Rrr.lien+Tn=1')F.d7R,1-rT'MRPAl1PC}=191fri0/ O/0 f% 1/A01114 Municode Page 2 of 3 Floodplain means a floodprone area which may or may not have a hydrological connection to the Indian River Lagoon System. For purposes of this article, a floodplain means any area within the 100 -year floodplain. Forestry means the art of application and practice of controlling the establishment, composition and growth of forests through sound management techniques, based upon the owner's objectives. Hazardous materials means any material defined, listed, characterized or classified as a hazardous substance, hazardous waste or toxic substance according to any of the following state or federal codes or regulations: (1) (2) (3) (4) Chapter 38F-41 of the Florida Administrative Code (the state substance list). 40 CFR 261 (identification and listing of hazardous wastes). 40 CFR 302.4 (designation of hazardous substances). 40 CFR 355, appendices A and B (list of extremely hazardous substances). A hazardous material includes any solution, mixture or formulation containing such materials and also includes any material which, due to its chemical or physical characteristics, is determined by the city manager to pose a substantial threat to the life, health or safety of persons or property or to the environment. isolated floodplain means any floodplain area which does not have a direct connection to open water. 100 year floodplain means the floodplain that is at or below the 100 -year flood elevation. The 100 year floodplain has been given a statistical probability of one in 100 of being flooded in any given year according to the best available data. Solid waste means sludge from a waste treatment works, water supply treatment plant or air pollution control facility, or garbage, rubbish, refuse or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. (Code 1981, § 668.03; Ord. No. 10-93, § 1(668.03), 6-15-93) Cross reference— Definitions and rules of construction generally, § 1-2. Sec. 90-92. Purpose and intent, It is the purpose and intent of this article to protect and restore, where feasible, the natural functions of floodplains within the city. It is also the intent of this article to apply the standards for development in this article within all areas covered by the 100 -year floodplain. (Code 1981, § 668.01; Ord. No. 10-93, § 1(668.01), 6-15-93) Sec. 90-93. Development in designated floodplains. Ail site plans, subdivision plats and other development proposals shall be reviewed by the building official or his designee to determine their impact upon floodplains. The following regulations shall apply to development in designated floodplains: (1) Uses usually permitted in floodplain areas include the following: a. hs+.s. 111i1-wwara, Tim t1"4"IN C. ,.,-main,.,,+ nor1v91+=RIIA; Pn}Tn=17Ftd'iRvWTTI.#fP ttPcl}=111111,041a0/n7fW. 1 /Qnma Municode Page 3 of 3 Agricultural pursuits, including forestry operations, utilizing best management practices and agricultural structures which will not restrict the flow of floodwaters above the 100 -year floodplain elevation; b. Recreation consistent with the requirements of the floodplain; C• Fish and wildlife management; and d. Open space. (2) Development within floodplains shall not have adverse impacts upon adjoining properties. (3) All development within floodplains shall require a building permit, unless the development consists solely of activities which are excluded from the meaning of the term "development." (4) Development requiring a building permit shall not cause a net loss in the flood storage capacity of the floodplain. The provisions of section 90-148(3), relating to floodplain storage and conveyance, shall also apply. (5) Floodplain elevations shall be determined utilizing the best available data, which includes FIRM maps and the flood insurance studies for the county and unincorporated areas, dated April 3, 1989, prepared by FEMA. • (6) Development within the 100- to 25 -year floodplain shall not negatively impact other property or the receiving surface water body quality. (Code 1981, § 668.05; Orr. No. 10-93, § 1(688.05), 6-15-93) Sec. 90-94. Prohibited uses. (a) (b) (c) New dikes, levees or other structures shall not be permitted within the 100 -year floodplain, unless it can be demonstrated that they will not restrict the flow of 100 -year floodwaters. The only exceptions to this subsection are structures shown to have overriding public benefit. Replacement or repair of nonbreached dikes are permitted, as long as such replacement or repair does not change the status of the floodplain and maintains the existing ability to utilize the property. Within the 100 -year floodplain, any proposed expansion of commercial or industrial structures or uses, including parking areas, shall be consistent with this Code and other ordinances of the city. The following specific uses are incompatible with the floodplain and shall not be permitted: (1) Placing, depositing or dumping solid wastes, including sludge, septage, scallop shells and viscera. (2) Processing, storing or disposal of hazardous materials. (Code 1981, § 668.09; Ord. No. 10-93, § 1(688.09), 6-15-93) Secs. 90-95-90-115. Reserved. FOOTNOTE(S): -- (3) -- Cross reference--- Supplementary zoning district regulations, § 110-466 et seq. (Backs h#r,-Illihrorcr mtitirrinnrlo nnmIrwirrt actv7h—Rrnlic+t 1Tl=17F.d.7RIT17141?Prtnpct=hfl /n1a43/47fWn 1 /9t7.014