(g) 2025 FLUE 7 - Wetland Map (h) 2025 FLUE 8 - Beach Access, Shores Map and Estuarine System

Transcription

1 CITY OF COCOA BEACH RESPONSE TO OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT FOR THE PROPOSED 2025 COMPREHENSIVE PLAN - EAR BASED AMENDMENT AND UPDATES, City # and DEO # 15-1ER The City of Cocoa Beach s proposed Plan Amendment 15-1ER is the Evaluation and Appraisal Report (EAR) - based plan amendments and updates to the comprehensive plan. The Department raises the following objections and comments to the proposed amendment 15-1ER. The City has included in this document the response to all the objections and comments. 1. Objection: Plan Format and Future Land Use Map The updated Future Land Use Map (Map 1-7) does not indicate the intended updated long range planning horizon. Also, it is not clear that the submitted FLUE Map 2 is the map that is proposed to be adopted. If the submitted map is intended to be adopted as the 2025 planning time frame future land use map it is not identified as such on the map. [Authority: Section (6)(a)1, Section (1)(f)3 Florida Statutes(F.S.)] Recommendations: Provide the intended planning horizon on the Future Land Use Map as part of its title consistent with the data and analysis submitted to support the comprehensive plan. Additionally, establish and identify the 2025 future land use map in the adopted portion of the plan. Response: The City has amended the Future Land Use Maps and the title the Maps was changed to 2025 Future Land Use Map. The title of Maps 1-6 includes 2025 indicating the future planning horizon. Proposed Future Land Use Element (FLUE) Policy I.1.1 has been amended to include the new planning horizon The City concurs with DEO and implementing it in the following manner. Amended FLUE Policy to read as follows: Policy I.1.1 The 2025 Future Land Use Map series documents the City s existing and future conditions, covering land use, natural features, schools, and Downtown Cocoa Beach. FLUE Map 1 (Existing Land Use) and FLUE Map 2 (Future Land Use) are included in this element. The remaining maps are provided in the Supporting Data and Analysis for the Future Land Use Element., public schools, and Downtown setting as listed here. (a) 2025 FLUE 1 Existing Land Use (b) 2025 FLUE 2 Future Land Use 2025 (c) FLUE 3 Beach Access, Water-Dependent and Water Related Uses (d) FLUE 4 Wetlands Vegetation (e) FLUE 5 Marine Grasses (f) FLUE 6 Flood Prone Areas (Base Flood Elevations) (g) FLUE 7 Dredge Spoil Sites (h) FLUE 8 Existing and Proposed Public School Facilities 10 Year Plan (i) FLUE 9 Public Schools Concurrency Service Areas (c) 2025 FLUE 10 3 Downtown Area Boundaries (d) 2025 FLUE 11 4 Downtown Area Neighborhood Districts (e) 2025 FLUE 12 5 Downtown Area Street Hierarchy (f) 2025 FLUE 13 6 Downtown Area Mixed Use Area (g) 2025 FLUE 7 - Wetland Map (h) 2025 FLUE 8 - Beach Access, Shores Map and Estuarine 2. Objection: Future Land Use Element (FLUE)- Future Land Use Map Future Land Use Policy establishes only the Existing Land Use map FLUE 1 and the Future Land Use Map FLUE 2 as part of the adopted map series and removes the wetland map and the beaches and the

2 shores map, including systems, as part of the adopted map series. The City does not propose to adopt these as part of the adopted plan. The maps are only included in the Data Analysis with the amendment. [Authority: Section (6)(a)10.c (ll) and(lv) F.S.] Recommendations: Retain the maps for beaches, shores, including estuarine systems and wetlands in the adopted Future Land Use Map series. Response: The City concurs with DEO and implementing it by amending FLUE Policy to address this objection. Policy I.1.1 The 2025 Future Land Use Map series documents the City s existing and future conditions, covering land use, natural features, schools, and Downtown Cocoa Beach. FLUE Map 1 (Existing Land Use) and FLUE Map 2 (Future Land Use) are included in this element. The remaining maps are provided in the Supporting Data and Analysis for the Future Land Use Element., public schools, and Downtown setting as listed here. (j) 2025 FLUE 1 Existing Land Use (k) 2025 FLUE 2 Future Land Use 2025 (l) FLUE 3 Beach Access, Water-Dependent and Water Related Uses (m) FLUE 4 Wetlands Vegetation (n) FLUE 5 Marine Grasses (o) FLUE 6 Flood Prone Areas (Base Flood Elevations) (p) FLUE 7 Dredge Spoil Sites (q) FLUE 8 Existing and Proposed Public School Facilities 10 Year Plan (r) FLUE 9 Public Schools Concurrency Service Areas (c) 2025 FLUE 10 3 Downtown Area Boundaries (d) 2025 FLUE 11 4 Downtown Area Neighborhood Districts (e) 2025 FLUE 12 5 Downtown Area Street Hierarchy (f) 2025 FLUE 13 6 Downtown Area Mixed Use Area (g) 2025 FLUE 7 - Wetland Map (h) 2025 FLUE 8 - Beach Access, Shores Map and Estuarine 3. Objection: Future Land Use Element Densities and Intensities The City does not establish densities and intensities for the future land use map categories. Deleted Policy established the densities and intensities through Table 1. The proposed Future Land Use Element Policy revises the existing Table 1 to declare that it is an outline for the purposes of consistency with the land development code. The policy also states that densities and intensities are identified on the included FLUE Map 2, which are not shown on the map submitted. [Authority: Section (6)(a)1 F.S.; Section (1)(f)3. F.S.] Recommendations: Revise the future land use element to establish future land use categories that define land use density and intensity limits and provide descriptions of the range of uses affiliated with each of the Town s various future land use categories. Response: The City concurs with DEO and implementing it in following manner: City amended 2025 FLUE Map 2 to include reference to Table 1. City amended FLUE Policy and included Table 1 to read as follows: Policy I.1.2 Future Land Use Table 1-1 shown below establishes the future land use categories I-1 is hereby adopted and included within the Comprehensive Plan in order to provide for outlines describes the consistency between the City s Future Land Use Map (FLUE Map 2) and the Official Zoning Map (Article II of Chapter III, Cocoa Beach Land Development Code). Uses of land and implementing regulations shall be consistent with the intensities and densities of the uses identified on 2025 FLUE Map 2. Additional zoning classifications or

3 other modifications to the permitted uses identified in the City s LDC shall be consistent with those identified in this table. 4. Objection: Mobility Element The City in their December 4, 2013 Comprehensive Plan Evaluation and Appraisal Review letter to the Department states that the Current Plan has a planning horizon of 2010 and the City intends to complete the updated process with a new planning horizon of The proposed Mobility Element does not address traffic Circulation, including the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways. The element does not include map or map series showing the general location of the existing and future transportation system features needed to address the City s mobility need through 2025 planning horizon coordinated with the future land use map or map series. The amendment does not demonstrate that the element reflects the data, analysis, and associated principles and strategies relating to: a. The existing transportation system levels of service and system needs and the availability of transportation facilities and services. b. The growth trends and travel patterns and interactions between land use and transportation. c. Existing and projected intermodal deficiencies and needs. d. The projected transportation system levels of service and system needs based upon the future land use map and the projected integrated transportation system. e. How the local government will correct existing facility deficiencies, meet the identified needs of the projected transportation system, and advance the purpose of this paragraph and the other elements of the comprehensive plan. [Authority: Section (6)(b)1.a-e., F.S.] Recommendations: Provide a transportation map or map series that demonstrates the future mobility needs including, roads, bikeways, and sidewalks of the City. Provide associated principles and strategies implementing the requirements of Section (6)(b)1.a-e., F.S and is coordinated with the Florida Department of Transportation and Space Coast Transportation Planning Organization. Response: The City concurs with DEO and implementing it in following manner:

4 TABLE 1 EXISTING (2015) ROADWAY INVENTORY Roadway Classification Segment LOS From To Daily/Pk. Hr. State Roads (FDOT) SR 520 Arterial SR A1A Bridge D/D SR A1A Arterial Northern City SR 520 D/D Limits SR A1A Arterial SR 520 Cocoa Isles Blvd. D/D SR A1A Arterial Cocoa Isles Blvd. Southern City Limits D/D City Streets Ocean Beach Collector Northern City Wakula Lane D/D Boulevard Limits Brevard Avenue Collector 4 th Street North Southern City Limits D/D 12 th Street South Fourth Street South Collector Sloop Dr. SR A1A D/D Minutemen Collector Country Club Rd. SR A1A D/D Causeway Fourth Street North Collector Catalina Rd. SR A1A D/D Cocoa Isles Collector Nassau Rd. SR A1A D/D Boulevard South Banana River Collector SR 520 St. Lucie Lane D/D Boulevard South Banana River Boulevard Collector City limits St. Lucie Lane and Escambia or Pinellas Lane D/D Cedar Avenue/Catalina Road Signalized Intersections Collector Cocoa Isles Blvd. Minutemen Causeway City-wide D/D E/E Lanes TABLE 2 Future (2025) Levels of Service (LOS) (: Brevard MPO 2025 Long Range Transportation Plan) Roadway From To LOS 2025 LOS TABLE 2 EXISTING (2015) ANNUAL AVERAGE DAILY TRIPS (AADT) Roadway From To LOS Volume 2014 Count Maps: Map 1: Existing Roadways (2015): City streets, County roads, State roads Map 2: Existing Roadway (2015): Number of Lanes Map 3: Existing Roadways (2015): Functional Classification

5 Map 4: Existing Transit Service Map (2015) Map 5: Future Roadways (2025): City streets, County roads, State roads Map 6: Future Roadway Number of Lanes (2025) Map 7: Future Roadways Functional Classification (2025) Map 8: Future Transit Service Map (2025) 5. Objection: Future Land Use Element Existing FLUE Policy (proposed FLUE Policy ll.2.1) establishes a process for exemption to the 45 foot height limitation set out in the comprehensive plan. Existing FLUE Policy (proposed FLUE ll.2.2) establishes a process for exemption to the density standards set out in the comprehensive plan. Existing Coastal Management Element Policy lll.6.3 (proposed Coastal Management Element Policy 1.6.3) is also being revised to recognize the proposed FLUE Policy ll.2.2 exemption. The City s proposed amendments to both FLUE policies remove the existing criteria and requirements from the plan policies and incorporate them into the land development code. Once that is accomplished the criteria in the policies would be removed from the plan. This creates two issues. By doing this the City would be allowing exemptions and amendments to the comprehensive plan that would not need the required amendment process set out in Section , Florida Statutes, Which is the only way a comprehensive plan is amended. The second issue is that the land development code would set out standards that would be inconsistent with the City s comprehensive plan and would allow development that is inconsistent with the City s comprehensive plan. DEO is not objecting to allowing the exemptions to height or density. DEO is objecting that the process and criteria allowing these exemptions are not part of the comprehensive plan. [Authority: Section (2)(a), F.S.; Section (1)(a), (b), F.S.] Recommendations: Remove the language that requires removal of the criteria. Keep the criteria in the policies of the comprehensive plan Response: Policy II.2.1 Policy II.2.2 The City concurs with DEO and implementing it by amending Policy II.2.1 to read as follows: To protect existing residential areas from encroachment by land uses which are incompatible due to building height, the City shall regulate maximum allowable building height in accordance with City Charter Section 6.04 (45 foot height) and City Charter Section 6.07 ( Vote requirement) and allow exemptions for existing buildings. The following criteria shall be incorporated into the Land Development Code. Once done, criteria (a) (2) and (3) and (b), and (c) shall be removed from the Comprehensive Plan. Per City Charter, paragraph (a) (1) is required to remain in the Comp Plan. To protect existing residential areas from encroachment by land uses which are incompatible due to development density, and ensure safe hurricane evacuation times, the City shall regulate maximum allowable residential and transient lodging density in accordance with City Charter Section 6.01 (Density) and City Charter Section 6.07 ( Vote requirement) and allow exemptions for existing residential and transient lodging developments. The following criteria shall be incorporated into the Land Development Code. Once done, criteria (a) (2) shall be removed from the Comprehensive Plan. Per City Charter, paragraph (a) (1) is required to remain in the Comp Plan. 6. Objection: Capital Improvements Element The proposed Capital Improvements Element does not: a. Contain estimated public facilities costs, including a delineation of when facilities will be needed, the general location of the facilities and projected revenue sources to fund the facilities. Nor has any data and analysis been submitted regarding the City s capital improvements. b. Contain a five year schedule of capital improvements as required by Section (3)(a)4, F.S. Or, as required by the City s Capital Improvement Policy which states that: A CIP shall be developed for a 20-year period based on input from each City department and the evaluation process described in Policy 1.2 and Policy 1.3. For years 1-5, each project

6 should include: year or years to occur, estimated cost, funding source(s), and general location. Projects that will occur during years 6-20 will be identified in order to move up in priority as funding becomes available. These projects are listed in Table 1. This table is not completed and included in the proposed amendment. Additionally, Table 2 does not contain those projects needed to ensure Level of Service standards and is also not complete Recommendations: Complete the required capital improvement schedule and adopt it in the amendment as required by the City s plan policy and Florida Statutes. Response: The City concurs with DEO and implementing it by amending Policy to read as follows and adopted the Annual CIE Update Policy I.1.5 A CIP shall be developed as per five year schedule of capital improvements as required by Section (3)(a)4, F.S. for a 20-year period based on input from each City Department and the evaluation process described in Policy I.2 and Policy 1.3. For years 1 5, each project should include: year or years to occur, estimated cost, funding source(s), and general location. Projects that willmay occur during years 6-20 will be identified in order to move up in priority as funding becomes available. These projects are listed in the Tables 1 in Appendix A.

7 APPENDIX A FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE PROJECT(S) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR STORMWATER FIVE YR. TOTAL Minor BMP: Swales, Exfiltration, PCDs 20,000 CBSU 20,000 CBSU 20,000 CBSU 20,000 CBSU 20,000 CBSU 100,000 Minutemen Stormwater & Streetscape Improvements 3,803,836 Grants1 CBSW SWLID1 3,803,836 Downtown LID Grants 2 (low impact design) - 250,000 CBSW 600,000 CBSW SWLID2 850,000 Downtown LID Grants 3 (low impact design) - 250,000 CBSW 600,000 CBSW SWLID3 Demo Saw 2,000 CBSU 2,000 Generator 3,500 CBSU 3,500 3" Trash Pump 4,000 CBSU 4,000 CBSU - Cocoa Beach Stormwater Utility 1 FDOT, FDEP/EPA, IRLNEP and Brevard County Impact Fee Disbursement 2 FDEP/EPA, IRLNEP (grants will be applied for) 3 FDEP/EPA, IRLNEP (grants will be applied for)

8 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR WATER

9 Parks 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR PARKS AND RECREATION FIVE YR. TOTAL Aquatic Center Stadium Seating Fund Fischer Park Improvements Fund Bicentennial Park Improvements Fund Ramp Rd/Coutnry Club Kayak Launches 6000 Fund 6000 Ramp Rd Boat Ramp Project 110,000 Fund YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR TRANSPORTATION FIVE YR. PROJECT(S) TOTAL Ramp Rd/Country Club Kayak Launches 6000 Fund 6000 Ramp Road Boat Ramp Project Fund

10 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR SANITARY SEWER PROJECT(S) FIVE YR. TOTAL Rehabiltation of Sewer s Automatee Sludge Delivery to greenhouse 1,800,000 Utilities Utilities 300,000 Utilities 110,000 Utilities 300,000 Utilities Hydraulic Press Rehab 3,000 Utilities 3000 Air Compressor & Air Tools 3,500 Utilities 3500 Automated Sludge Delivery to Greenhouse 110,000 Utilities Flowmeters (2) 6,400 Utilities 6400 Polymer Feed for Centifuge - 10,000 Utilities Step Screen Replacements (Plant 1 & 2) - 240,000 Utilities Retrofit Enhancements to Existing Sand Filters (2) - 1,000, Replacement of Critical Components Replacement of Major Equipment 60,000 Utilities 75,000 Utilities 60,000 Utilities 75,000 Utilities 60,000 Utilities 75,000 Utilities 60,000 Utilities 75,000 Utilities 60,000 Utilities 75,000 Utilities , ,000

11 PROJECT(S) Central Disposal Facility:New Scale House and entrance Road Central Disposal Facility- S. Landfills-Cell 1 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR SOLID WASTE DA, Impact DA, Impact,, DA, Impact DA, Impact, Bonds DA, Impact, Bonds 2019 FIVE YR. TOTAL US 192 Class III landfill SWM CDF Property Acquisition SWM DA, Impact DA, Impact DA, Impact, Bonds DA, Impact DA, Impact, Bonds DA, Impact, Bonds CDF Slurry Wall Final Closure 6,800,000 Sarno Road Clopsure - Phase II Escrow Funds $ 325,000 DA, Impact 6,800,000 Escrow Funds 6,240,000 $ 3,245,000 DA, Impact, Bonds 100,000 DA, Impact DA, Impact $ 15,600,000 Escrow Funds Sarno Road Clopsure - Phase III CDF Citizens Drop-off Center South County Transfer Station-Land Acquisition South County Yard Waste Facility Tistusville Transfer Station Land Acquisition -SWM Multi-Use Education Pavillion DA, Impact DA, Impact DA, Impact , Bonds DA, Impact DA, Impact DA,

12 7. Objection: Public School Facilities Element The City proposes revision of and renumbering of existing FLUE Objectives 1.13 as Objective 1.10 and revision of and renumbering of its associated policies. The objective and policies relate to educational facilities and school siting. The City proposes deletion of existing FLUE Policy , which defines the future land use categories in which public school facilities are permitted uses. As proposed, FLUE Policies are vague in that they do not specify the future land use categories in which public schools are an allowable use or reflect the standards and procedures to which the city agreed in the School Interlocal Agreement. The future land use element does not clearly identify the land use categories in which public schools are an allowable use [Authority: Section (6)(a)7, F.S.] Recommendations: Identify the land use categories in which public schools are an allowable use either through retaining and renumbering Policy or additional new language revising the plan appropriately. The City should also, in consultation with the school district, revise Policies through for clarity, and consistency with the adopted Interlocal agreement Response: The City concurs with DEO and implementing it by amending Future Land Use Element Policy to read as follows: Policy I.10.1 The location of all public schools shall be based upon the need for new facilities as identified by the Brevard County School Board, and The Brevard County School Board determines the need for new public schools. It is expected that there will be no new public schools needed or constructed within the City of Cocoa Beach through Should there be a need for new facilities, all schools shall be located consistent with all elements of this Comprehensive Plan and in accordance with Subsection (6)(a), Florida Statutes. All future schools shall be an allowable use in all land use categories, except Conservation. 8. Objection: Capital Improvement Element School Level of Service Standard The City s proposed new Capital Improvement Element policy does not correctly establish level of service standards for public school facilities. As proposed, the policy does not identify a standard but just references the Interlocal Agreement with the School District of Brevard County. Public school level-ofservice standards are to be adopted into the capital improvements element of the local comprehensive plan and be applied districtwide to all schools of the same type [Authority: Section (6)(c), F.S.] Recommendations: Revise the policy to include public school level of service standards and not just refer to the Interlocal Agreement Response: follows The City concurs with DEO and implementing it by amending Policy to read as Policy I.3.2 The City shall use the following LOS standards in reviewing the impacts of new development and redevelopment. (a) Stormwater management One inch times the square footage of the property for a site of less than 100 acres, or one-half inch times the square footage of the property for a site of 100 acres or more; and detention volume sufficient to ensure that post-development runoff will not exceed pre-development runoff for a 10-year/24-hour storm event (b) Potable water 141 gallons per capita per day

13 (c) (d) (e) (f) (g) Recreation 10 acres per 1,000 population Sanitary sewer 100 gallons per capita per day (average daily) and 130 gallons per capita per day (peak daily) Solid waste pounds per capita per day. Transportation SR 520 west of SR A1A (state road) SR A1A within the City of Cocoa Beach (state road) All City collectors and local roads LOS D/LOS D Daily/Peak LOS D/LOS D LOS D/LOS D Public School Facilities as identified in the Interlocal Agreement with the School District of Brevard County LOS standard of 100% FISH Capacity for each elementary, middle, high school, and any combination school. Capital improvement projects that are needed to ensure these LOS standards are listed in Table 2. Tables in Appendix A Additional Revisions Public School Facilities Element Policy I.1.1 Recognizing that the local public schools serve as community anchors, City officials will meet with Brevard County Public School representatives on a regular basis for an update on the existing Cocoa Beach public schools, including the status of these schools remaining open so that existing and future community educational needs can be met. Policy I.1.2 The city will work closely with local businesses and civic groups in monitoring the curriculum of supporting the local public schools in order to ensure that a quality public school education continues to be available to City residents. Policy I.2.3 The City shall comply with the Level of Service standards that are outlined in the Interlocal Agreement with the School Board of Brevard County, which is 100% of the Florida Inventory of School Houses (FISH) capacity for each elementary, middle, high school, and any combination school. FISH capacity is calculated on the Florida Department of Education s (FDOE) measure of satisfactory student stations in both permanent and relocatable structures multiplied by the utilitization factor established by the FDOE s State Requirements for Educational Facilities (SREF).for each elementary school, middle school, high school, and any combination school.