[Here is the complete City of Cedar Key Comprehensive Plan. The page numbers got lost in cyber-space. They`re out there somewhere, I guess...Ed.] CHAPTER 3
COMPREHENSIVE PLAN:
GOALS, OBJECTIVES & POLICIES
With Amendments as of January 1, 2002
TABLE OF CONTENTS
FUTURE LAND USE
TRAFFIC CIRCULATION
SEWER SUB-ELEMENT
WATER SUB-ELEMENT
SOLID WASTE SUB-ELEMENT
DRAINAGE
NATURAL GROUNDWATER AQUIFER RECHARGE
CONSERVATION
RECREATION & OPEN SPACE
HOUSING
COASTAL MANAGEMENT
INTERGOVERNMENTAL COORDINATION
CAPITAL IMPROVEMENTS
HISTORIC PRESERVATION
FUTURE LAND USE
GOAL #1:
To ensure that the character and location of land uses maximize the potential for economic benefit and the enjoyment of natural and man-made resources by citizens while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. Ref: F.S. 187.201(15)(16)(17).
OBJECTIVE 1-1 Ref: 9J-5.006(3)(b)1.
Within one year of Comprehensive Plan submittal to DCA, Land Development Regulations 9LDRs) will be adopted containing the specific and detailed provisions required to implement and enforce the adopted comprehensive plan. In the interim between plan adoption and LDR adoption, the adopted plan shall govern any action taken in regard to an application for development. Ref: F.S. 163.3194
POLICIES:
1-1.1 Land Development Regulations shall provide for the following:
a. Regulate the subdivision of land
b. Regulate the use of land and water consistent with this plan and ensure the compatibility of adjacent land uses and provide for open space
c. Protect lands designated as conservation areas on the Future Land Use Map
d. Regulate development in the coastal high hazard area or areas subject to periodic or seasonal flooding and provide for drainage and stormwater management
e. Protect potable water wellfields and aquifer recharge areas
f. Regulate signs and street graphics
g. Provide needed vehicle parking and ensure safe and convenient on-site traffic flow
h. Provide that development orders and permits shall not be issued which result in a reduction of the level of services (LOS) for affected public facilities below the LOS standards adopted in this comprehensive plan.
1-1.2 Redevelopment in the historic district shall be permitted at existing or documented historic density if such redevelopment is consistent with the historic character of the area and conforms to FEMA and Coastal Management construction standards.
1-1.3 LDRs shall provide for permitting one residential use for any area designated "commercial" on the Future Land Use Map.
1-1.4 Standards for controlling and distributing population densities and building and structure intensity shall include those shown in Exhibit 1-1.4A.
1-1.5 Subdivision of land, including the resubdivison of existing single-family residential lots, into two or more parcels shall conform to Florida Statute 177.
1-1.6 Home occupational uses may be permitted within areas designated as residential provided these uses are compatible with adjacent land uses and are adequately buffered.
OBJECTIVE 1-2 Ref: 9J5.006(3)(b)2
By 1990, LDRs shall provide for redevelopment and renewal of deteriorating .
areas.
POLICIES:
1-2.1 The city shall use the remedial provisions of the Southern Standard Building Code and initiate research activities for future adoption of a standard code addressing housing. (See 1-10.1)
1-2.2 The city shall implement code enforcement activities described in Housing Element Policy 6-5.3.
OBJECTIVE 1-3 Ref: 9J5.006(3(b)3
By 1990, the city shall provide regulations, development criteria, and developer incentives that provide for the elimination or reduction of land uses that are incompatible with the future land use map and character of surrounding areas.
POLICIES:
1-3.1 The city will regulate future land uses based upon the predominant existing land use locations and intensities, and through the timing and location of extended area services.
1-3.2 Expansion or replacement of land uses which are incompatible with the future land use plan shall be prohibited.
1-3.3 Regulations for the buffering of incompatible land uses shall be set forth in the land development regulations.
1-3.4 Innovative land use regulations based on performance standards shall be compatible with adjacent land uses and the objectives and policies of this plan.
OBJECTIVE 1-4 Ref: 9J-5.006(3)(b)4
By 1990, the city shall ensure the protection of natural resources through regulations consistent with the Conservation Element and Coastal Management Element of this plan.
POLICIES:
1-4.1 Development within areas designated as Conservation Areas on the Future Land Use Map shall be limited to those uses allowed by state regulatory agencies.
1-4.2 The habitat of endangered and threatened species and species of special concern identified in the Conservation Element shall be protected through designation as a Conservation Area and limited to use as open space.
1-4.3 Land development regulations shall assess and limit activities which have the potential to contaminate land, water or natural resources such as shellfish harvesting areas and marine breeding grounds.
1-4.4 Policy deleted 9/24/90
1-4.5 All development proposals shall document compatibility–through location and/or mitigating design–with soils, topography, public facilities or services, the city wellfield and Conservation Areas designated on the Future Land Use Map. [9J-5.006(3)(b)6 and 9J5.006(3)(b)1]
1-4.6 Flood-prone areas shall be regulated by receiving top priority for municipal water service, by limitations on septic tanks and by participation of the city in the National Flood Insurance Program.
1-4.7 The impact of development on surrounding waters and marine resources shall be limited through coastal construction setbacks, preservation of native vegetation, limitations on density, and the provision of central sewer facilities when available.
1-4.8 Conservation areas (saltwater marshes, tidal creeks, mangroves, beaches, bays, pine scrub, needlebrush, and temperate hammock) will be preserved in their natural state. To accomplish this, the city will adopt an amendment to the zoning ordinance for a conservation areas classification and will apply it generally to those areas designated in this plan as conservation areas.
OBJECTIVE 1-4A Ref: 9J-5.006(3)(b)4
By 1990, LDRs shall ensure the protection of historic resources through regulations consistent with the Historic Preservation and other elements of this plan.
POLICIES:
1-4A.1 Historic resources shall be protected and conserved through designation as historic sites by the city, state, county, and federal government. With 96 sites already designated by the state, every effort will be made to see that they also receive federal designation.
1-4A.2 Historical and archaeological sites shall be protected from the adverse effects of development.
1-4A.3 Land development regulations shall assure that development does not destroy or harm archaeological or historic resources through an assessment of the impact of proposed development on historic and archaeological sites.
1-4A.4 The city will seek funding for an archaeological site survey to identify any unknown archaeological sites and shall maintain an inventory of identified sites, including those included in the Historic Preservation element of this plan. Any development in historic and archaeological site areas shall comply with state statutes which apply to the discovery of archaeological, cultural or historic resources.
1-4A.5 The development of the area will be based upon the area's economic, historical, cultural, and environmental limitations.
1-4A.6 The city will periodically review and will adhere to its sign control ordinance, with special attention given to SR 24 and the historic district.
1-4A.7 The city hereby adopts as an Historic District the following area: That area bordered by 1st Street, 3rd Street and F Street, inclusive of both sides of the street but excluding the area known as Dock Street and the proposed site of the expanded sewer treatment plant at 3rd and C Streets.
1-4A.8 The downtown historic district designation is not primarily intended to be used as a means of allocating specific land use types but as an area for special regulatory tools to preserve the area's historic resources. One such tool is an architectural review board. This board will be re-established and will be given the authority to review proposals affecting the character of the district. The boundaries of the historic district are not to be interpreted as definitive. Rather, the architectural review board will be responsible for establishing the final boundaries, if necessary, subject to the final approval of the City Commission by Comprehensive Plan amendment.
OBJECTIVE 1-5 Ref: 9J-5.006(3)(b)5
Within one (1) year of plan adoption, the city shall designate appropriate personnel and develop intergovernmental coordination mechanisms that provides population density shall be coordinated with local, county and regional hurricane evacuation plans and evacuation plans required for other disasters (e.g. nuclear power plant).
POLICIES:
1-5.1 Evacuation time studies or estimates shall be used to determine optimal safe population densities.
1-5.2 Development which increases hazard through a negative impact on evacuation time will be expected to mitigate the hazard by infrastructure improvement which meets time study determinations.
1-5.3 The city shall develop a coordinating mechanism to make all Cedar Key residents aware of hurricane evacuation alternatives.
1-5.4 The city will appoint an elected official and the Chairman of the Planning Commission to serve as liaison persons to coordinate with the Levy County Disaster Preparedness Official, and the Withlacoochee Regional Planning Council.
1-5.5 All new residents will be made aware of the fact that Cedar Key can be affected by a hurricane and of the availability of evacuation information at City Hall.
OBJECTIVE 1-6 Ref: 9J5.006(3)(b)6
Upon formal comprehensive plan adoption by ordinance, the city shall initiate appropriate intergovernmental coordination mechanisms which improve coordination with affected and appropriate governments and agencies to maximize their input into the development process and mitigate potential adverse impacts of future development and redevelopment.
POLICIES:
1-6.1 Requests for development orders or permits shall be coordinated, as appropriate, with the county, special districts, the regional planning council, the water management district, and federal agencies.
1-6.2 The city shall coordinate with any appropriate resource planning and management plan prepared pursuant to Chapter 380, F.S., and approved by the Governor and Cabinet.
1-6.3 At such time as the State of Florida adopts legislation pursuant to Chapter 380, F.S. and applicable to Cedar Key as an area of "critical state concern," the City Commission shall adopt local ordinances and amend this plan to implement that legislation, subject to the provisions of F.S. 120 and a preponderance of evidence to support a DCA finding of non-compliance. [Ref: 163.3184(12)]
OBJECTIVE 1-7 Ref: 9J-5.006(3)(b)7
By July 1, 1990, the city shall provide and adopt a city Zoning Map that ensures future development and redevelopment activities are located in appropriate areas of the city as illustrated on the adopted Future Land Use Map, which shall be consistent with sound planning principal, directives of the Future Land Use Element, and provides controls to discourage the proliferation of urban sprawl. The City hereby adopts Map 1-1 (base map), the color key, and the Future Land Use Map Series 1-15 through 1-27, through the year 2000.
POLICIES:
1-7.1 Commercial developments shall be clustered in areas having controlled access to SR 24. They shall provide parking, and be appropriately buffered from residential areas. None of this shall be intended to prevent residents from living in a commercial area for convenience and the safety of the area.
1-7.2 As an incentive to developers, higher land use intensities will be permitted within the City of Cedar Key than in unincorporated Levy County.
1-7.3 The city will continue to encourage more intense, close-in development. This encouragement will come through continued enforcement of existing zoning regulations regarding density and strict compliance with the existing height limit, consistent with other adopted policies and the character of the community.
1-7.4 Strip commercial will be actively discouraged along SR 24.
OBJECTIVE 1-8 Ref: 9J-5.006(3)(b)8
Upon Comprehensive Plan adoption, the city in coordination with Levy County and the Cedar Key Special Water and Sewerage District, shall initiate necessary programs and activities to identify future sites that ensure the availability of suitable land for utility facilities necessary to support proposed development.
POLICIES:
1-8.1 Residential development shall be phased into areas where adequate transportation, public services and facilities will be provided or currently exist.
1-8.2 Through an interlocal agreement the city shall assist the CKSWSD in identifying and seeking funds for suitable land for future water and sewer needs.
OBJECTIVE 1-9 Ref: 9J-5.006(3)(b)9
Within one year of plan submission, the city shall devise and adopt a unified Land Development Code that implements the use of innovative land development regulations, such as the current zoning provision for planned unit developments and other mixed land use development techniques.
POLICY:
1-9.1. The city has adopted and will continue to promote the P.U.D. process to allow less costly and more efficient provision of public support services, green belts and open space and to foster aesthetically pleasing urban/suburban developments.
OBJECTIVE 1-10 Ref: 9J-5.006(3)(b)2
By 1991 the city shall initiate specific programs and activities to effectively revitalize and renovate areas identified by this plan as substandard, such as unauthorized dump sites and substandard housing.
POLICY:
1-10.1 Local ordinances will be proposed and adopted which provide for and require properties to be maintained in a safe, sanitary, and clean state.
OBJECTIVE 1-11 Ref:
Concurrent with formal plan adoption, the city shall manage growth within the city to assure that the location, timing, and intensity of development is consistent with the expressed desires of city residents and protects the public health, safety and general welfare–through zoning and other local ordinances, codes, regulations or administrative procedures.
POLICIES:
1-11.1
Other long-term development policies used in the preparation of the future land use plan for the City of Cedar Key are:
1. Conserve the natural environment by:
a. Encouraging new development that will not adversely affect existing uses, natural resources or property values in the surrounding area.
b. Requiring all new development to meet applicable federal, state and local requirements.
c. Requiring adequate provision for solid waste disposal, water, sewer, streets and other services necessary to serve proposed developments.
d. Seeking funding from the state or other governmental or private sources for the purchase of the remaining undeveloped parcels of environmentally sensitive land within the City. (Ord. 345)
2. Proposed development must be supportive of, and not detrimental to, the long-term economic survival of the area.
1-11.2 A commercial/office zone in the historic district will be permitted to the extent that it does not adversely affect the historic character of the district.
OBJECTIVE 1-12
By 1990 Land Development Regulations shall provide for severable and Transferable Development Rights (TDR) to assure protection of sensitive land.
POLICIES:
1-12.1 TDRs shall apply to undeveloped, unbridged islands within the city, wetlands, and coastal areas identified in Map 7-7 on which the city has jurisdictional control. Policies 701.4a through 7-1.4d shall be used to determine the extent of wetlands, and the jurisdiction of the city.
1-12.2 Fifty percent of the development potential of sensitive lands shall be eligible for transfer to a site which is not sensitive.
1-12.3 Land from which development rights have been transferred shall be designated a "Coastal Resource Protection Zone" and development shall be prohibited in perpetuity through a legally binding agreement recorded in the chain of title.
1-12.4 Lands which receive transferred development rights shall not exceed the maximum densities or intensities of use allowed in this plan. Land uses shall be compatible with surrounding uses.
TRAFFIC CIRCULATION
GOAL #1
To maintain the existing city roadway network and parking facilities, correct existing network deficiencies and provide economical, efficient, safe, and environmentally sound transportation facilities to ensure that Cedar Key area traffic operates above acceptable levels of service. Ref: F.S. 187.201(7)(20)(21)(26).
OBJECTIVE 2-1 Ref: 9J-5.007(3)(b)1
Provide for a safe, convenient and efficient motorized and non-motorized transportation system, by 1995, by annually monitoring ADT of SR 24 and accident frequency on all roads to determine consistency with LOS standards or to identify deficiencies.
POLICIES:
2-1.1 Ref: 9J-5.007(3)(c)1 The peak hour level of service standards for roads in Cedar Key are [Ref: 1985 FDOT Highway Capacity Manual):
Arterial Roads LOS: C
Local Roads LOS: C
Collector Roads (Future) LOS: C
2-1.2 Ref: 9J-5.007(3)(c)2 As a general rule connections and access points of driveways and roads to the state and local highway network will be limited to a minimum spacing as follows (NB: There are no federal highways in Cedar Key.):
Functional Class Minimum Spacing
Arterial 50`
Collector 40`
Local 20`
Specific design criteria for turn lanes, aprons, radii, and other design and construction standards will be incorporated into the subdivision regulations, zoning ordinance, and a public works manual.
2-1.3 Ref: 9J-5.007(3)(c)3 By 1990, all development proposals shall address and include provisions for safe and convenient on-site and off-site traffic flow, both pedestrian and vehicular; and shall provide for adequate standards for number of parking spaces, and aisle and space dimensions. Drainage, landscaping, curve radii, and construction materials shall be adopted as part of the subdivision regulations, zoning ordinance and/or public works manual, as appropriate.
2-1.4 Ref: 9J-5.007(3)(c)4 The City Commission will consider the establishment of special tax district to provide paved streets in residential areas not subject to subdivision regulations.
2-1.5 Ref: 9J-5.007(3)(c)5 A comprehensive system of bicycle paths/sidewalks will be developed throughout Cedar Key.
2-1.6 To the maximum extent feasible, the city will seek county, state, and federal funding for transportation improvements, including resurfacing and construction projects, sign or traffic signal installation, and development of a comprehensive system of bicycle paths and sidewalks.
2-1.7 In time of disaster or pending disaster, it is imperative that only one local agency be responsible for the safe and efficient evacuation of traffic throughout Cedar Key. That agency should be the Cedar Key Policy Department.
2-1.8 Mobile homes, other tractor-trailer combinations, and trailered boats may be easily swayed by high winds. This swaying may result in jack-knifing which can block traffic flows. Consequently, these vehicles should be kept off the roads during periods immediately before, during and after a disaster.
OBJECTIVE 2-2 Ref: 9J-5.007(3)(b)2
By 1992, coordinate the traffic system with the future land uses shown on the future land use map or map series by biannually determining projected traffic circulation demand which may impact on LOS standards. The Future Traffic Circulation: 2000 Map 2-2 is hereby adopted.
POLICIES:
2-2.1 The City Commission hereby adopts the arterial, collector and local street system indicated in Map 2-2, as the future traffic circulation map. This map indicates that S.R. 24 will continue as the only locally designated arterial road, and Gulf Boulevard will continue as the locally designated collector road. All roads in Cedar Key, as shown on Map 2-1, will remain two-lane.
2-2.2 No additional roads will be constructed or paved until the existing system of local roads is brought up to acceptable standards.
2-2.3 The city shall develop a scheduling and priority system for paving, resurfacing, and general improvements based upon the following factors:
1. Number of residences and/or business affected,
2. Present road conditions,
3. Cost of improvements,
4. Public demand,
5. Presence of public utilities,
6. Projected future traffic volumes,
7. Mail routes,
8. Whether the road is connected to county or state roads,
9. Past and current safety problems,
10. Whether it is on evacuation route,
11. Whether arterial, collector or local road, and
12. Intergovernmental coordination with the CKSWSD, Levy County Road Department and FDOT. Ref: 9J-5.015(3)(b)3
OBJECTIVE 2-3 Ref: 9J5.007(3)(b)3
Upon adoption of this plan by ordinance coordinate with the FDOT's 5-year Transportation Plan and the Board of Levy County Commissioners.
POLICIES:
2-3.1 The state shall be requested to help maintain the existing boat channels in proper condition. Any facilities needed for boat transportation shall be provided, if deemed to be in the overall public interest. These facilities shall be provided in an environmentally sound manner.
2-3-2 City, county, and state transportation improvement programs shall be coordinated to insure minimum duplication and the maximum efficient use of resources. To help implement this policy, the city shall develop a 5-to-10-year transportation improvements work program. Any state work programs should be submitted to the city for review. If the city determines that the county or state work programs conflict with or duplicate the City's work program, then the city shall seek to change the county or state work program.
2-3.3 Efforts to obtain regular trucking service shall be supported by the city.
OBJECTIVE 2-4 Ref: 9J-5.007(3)(b)4
By 1990, the City shall continue to provide for the protection of existing and future rights-of-way from building encroachment through land development regulations.
POLICIES:
2-4.1 The City Commission will consider an ordinance to regulate commercial strip development along major highways. It may include, but shall not be limited to: [9J-5.007(3)(c)4]
1. Criteria to be considered in reviewing rezoning applications.
2. Minimum standards for curb cuts, setbacks, frontage roads, etc., according to functional classification of the highway system.
2-4.2 Development and signs along roads shall be planned and constructed in a manner which does not impede or impair the safe and efficient flow of goods, people, or services through or within Cedar Key. [9J-5.007(3)(c)4]
2-4.3 The city shall adopt appropriate ordinances and regulations to protect any rights-of-way deemed necessary, require developers to provide well constructed streets, prevent the installation of signs and buildings which impair the aesthetics and public safety, promote energy efficiency in transportation, and generally ensure that safe and convenient on-site traffic flow will be provided. Traffic plans will include sidewalks for pedestrians, bicycle paths, and parking for motorized and non-motorized vehicles. [9J-5.007(3)(c)5]
2-4.4 The City Commission will regulate subdivisions to provide higher controls on residential development and the roads proposed therein.
2-4.5 The city will continue to maintain the existing system of local roads and to widen, where practical and economically feasible, those pavements which do not meet minimum width standards.
2-4.6 Upon plan adoption by ordinance, any undeveloped unbridged island which has not been platted or received Internal Improvement Trust Fund or DNR approval for dock or marina siting, shall be designated as a conservation or preservation area and recommended for acquisition by state, federal or private conservation agencies.
2-4.7 When approved by the IITF or DNR, developers shall be required to use alternate techniques, such as boats or ferry systems, to provide transportation between unbridged islands and Cedar Key. Bridges or causeways shall be expressly prohibited in land development regulations.
2-4.8 No internal combustion engine road traffic vehicles shall be routinely allowed on unabridged islands except as required for construction and maintenance.
2-4.9 No impervious surface paving of roads shall be allowed on unbridged islands.
2-4.10 Developers or residents of unbridged islands approved for development by the IITF or DNR shall be required to provide off-street parking and boat docking facilities in Cedar Key.
2-4.11 Developers shall provide good quality transportation systems involving a minimum of roadway.
OBJECTIVE 2-5 Ref: 9J-5.018
By 1991, the city shall evaluate parking problems and implement policies to assure citizen safety and convenience, and avoid negative environmental and economic impact. [Ref: FS163.3177(7)(d)]
POLICIES:
2-5.1 Asphalt, and/or concrete parking lots shall be landscaped to minimize adverse impacts related to aesthetics, energy conservation, safety and environmental impact.
2-5.2 The current policy permitting on-street parking shall be re-evaluated to ensure that adequate safety precautions are provided.
2-5.3 The city will, in conjunction with business operators in the dock area, develop and implement a solution to the parking problem in that area. To the extent feasible and appropriate, the business operators and dock users will be required to finance the solution.
OBJECTIVE 2-6 Ref: 9J-5.009(3)(b)
As an ongoing objective through the year 2000, the city will encourage the continued operation of the George T. Lewis (Cedar Key) Airport at its present location.
POLICIES:
2-6.1 The city endorses and supports the WRPC Hurricane Loss Study finding that this airport is not a major facility and therefore does not require relocation.
2-6.2 In accordance with Objective 2.3 of this element, the city shall coordinate with and communicate to the Levy County Commission this objective to continue the operation of the airport at its present site in order to assure the economic welfare and public convenience benefits to the Cedar Key area.
SEWER SUB-ELEMENT
GOAL #3A:
The Cedar Key Special Water and Sewerage District and the City of Cedar Key shall protect public health and safety by providing adequate sewer collection, treatment and disposal systems. Ref: F.S. 187.201
OBJECTIVE 3A-1 Ref: 9J-5.011(2)(b)1
By 1995 existing deficiencies in sewer treatment and capacity shall be corrected through the following policies.
POLICIES:
3A-1.1 Sewer system improvement is the first priority of the city and district.. Towards that end the city and the district shall enter into interlocal agreements to assure that the best interest of the citizens are served.
3A-1.1.a Interlocal agreements shall address funding, formal exchange of minutes, appointment of staff and/or elected official liaisons, concurrency management systems, joint or several communications to state or federal agencies and arbitration mechanisms.
3A-1.1.b Upon refusal, rejection or noncompliance by the district to abide by the provisions of this plan, the city shall take the following steps:
1. Request an informal mediation hearing through the Withlacoochee Regional Planning Council.
2. If not successfully resolved, request a state administrative hearing under the provisions of F.S. 120.
3. If not therein resolved, request the governor and cabinet of the State of Florida to declare the district service area an area of critical state concern and to impose on the district all sanctions and interventions necessary to preserve the health and safety of the citizens.
3A-1.2 Upon plan adoption no additional connections to the sewer facility which increase capacity demand beyond current Levels of Service (LOS) shall be made unless authorized by DER. Current LOS is 100,000 gpd or 89 gpdpc ADF and 83 gpdpc PF for the district.
3A-1.2.a At a minimum, a 250,000 gpd treatment facility shall be provided by or before 1995 to meet average and peak flow needs at an ADF/LOS of 89 gpdpc and at a functional peak LOS of 183 gpcpd, and collection lines shall be improved or replaced, with priority given to low and moderate income residential users.
3A-1.2.b Upon a DER finding of "in compliance," new LOS standards shall be established by plan amendment and shall include an effective date. New LOS standards shall be based on a capacity analysis of the new or expanded treatment plant.
3A-1.3 Concurrent with plan adoption, all public and private septic tanks and wastewater treatment plant design, siting, construction and outfall locations shall conform to DER 17-6 F.A.C. rules, all applicable DER/DNR rules, and all applicable comprehensive plans and LDR's, including OFW, Class II water effluent discharge standards.
3A-1.4 Upon plan adoption, the district, city and/or county shall jointly or severally, through interlocal agreement, seek CDBG grant funding. The district shall independently seek FmHA, DER, DCA, EPA or other loan or grant funding sources as appropriate.
3A-1.5 The district shall study and recommend to the board any required increases in ad valorem taxes and connection/impact fees needed for debt service and principal repayment and shall dedicate such funds for that purposes.
3A-1.5.A By 1990, the district shall implement rate structure programs, including seasonal/off-season rates, tiered rates, low income use rates, high volume user rates, and conservation rates.
3A-1.5.B In consideration of city cooperation in obtaining CDBG FUNDING, the district will grant waivers of connection/impact fees for FmHA or other low/moderate income housing permitted by the city for construction.
OBJECTIVE 3A-2 Ref: 9J-5.011(2)(b)
By 1990, the city and district shall cooperate in meeting or controlling future sewer treatment needs by jointly preparing annual summaries of capacity and demand.
POLICIES:
3A-2.1 By 1990, city land development regulations shall reflect the future sewer capacity, septic tank limitations and levels of service needs, and shall modify land uses, coverage, and density/intensity standards to assure that growth does not exceed available services or the financial means of the district to provide those services.
3A-2.2 By 1990, the district shall assure compliance with this plan by allocating usage on a time/population basis consistent with availability of service and LOS standards for future growth projections.
3A-2.3 By the year 2000, the district shall expand the wastewater treatment facility to serve future population and shall control future need through water conservation programs (see Water Sub-Element), which mitigate expansion requirements beyond the economic feasibility or means of the district.
3A-2.4 The city in cooperation with the county, shall coordinate with the LCHD in determining septic tank suitability, and the city shall not issue any building permit without county assessment and approval of soil, land area and coastal water or ground water impacts.
OBJECTIVE 3A-3 Ref: 9J-5.011(2)(b)3.
By 1995, the existing sewer facility site shall be expanded to maximum financially feasible capacity, and service shall be allocated to the city on a priority basis which discourages urban sprawl. Upon DER notification of an "in compliance" certification of a new or expanded sewer system, the city shall not issue any building permit for a development which is not permitted for sewer system connection and shall request that the county sanitation section of LCHD cease to permit septic tanks in the coastal high hazard area.
POLICIES:
3A-3.1 Within 365 days of an "in compliance" finding by DER, the district shall connect all existing residential and commercial applicants in available collection line areas before issuing any new construction connection orders or permits.
3A-3.1A Reserve capacity allocated to the city shall be based on the proportionate capacity existing at the time of plan adoption: 93%.
3A-3.2 The following priorities for new connections shall be followed:
Priority 1. Existing structures in Service Areas
1A. Existing large volume commercial users presently using marginal septic tanks.
1B. Existing low and moderate income residences in a service collection line area and any public use applications.
1C. Existing residences on a service connection/collection line.
Priority 2. New Construction in Existing Service Areas
2A. New low and moderate income residences under governmental subsidy programs.
2B. New commercial applicants in existing service areas which provide pretreatment.
2C. New residential applicants in existing service collection line areas.
Priority 3. Non-Service Line Areas
3A. New city commercial or residential appellants for connection in an area where no collection lines exist, to the extent that the applicant is willing and able to fund a reasonable portion of the cost of extending collection/connector lines and it is economically feasible for the district to do so.
3B. New applicants in the unincorporated portions of the islands under the conditions cited in Priority 3A, and only to the extent of proportionate capacity allocated to the unincorporated area at the time of plan adoption.
3C. Off-island district service area applicants under the conditions cited in Priority 3A, and only to the extent that large volume applications shall not decrease the level of service required for future use in the city.
Priority 4. DRI or High Volume Users in Any Area
4A. Any development of regional impact or application for connection which will exceed a volume equivalent to or greater than three percent (3%) of projected remaining capacity existing at the time of the application, subject to the conditions cited in Priorities 3A and 3C.
3A-3.3 Upon plan adoption the city and district shall cooperate in developing building codes which maximize the use of existing
or expanded facilities through the following criteria:
1. Ultra low flow water devices shall be a condition of any new commercial or multi-family residential construction.
2. Tiered rates or lower rates for ultra low flow devices shall be adopted by the district.
3. Existing large volume commercial or multi-family users shall be encouraged to retrofit to ultra low flow devices or surcharge for usage which exceeds the average monthly flow rate for the previous 3-year period.
4. Any large volume commercial or multi-family user who fails to retrofit to ultra low flow water devices within 3 years of plan adoption shall be assessed a monthly premium.
5. Detention tanks which regulate flow to the wastewater treatment plant shall be required for any new high volume users.
6. Existing high volume users who install detention, flow-regulating systems shall not be subject to surcharges specified in policy 3A-3.3.4.
7. The district shall adopt conditions and standards for Interim Package Treatment Plants.
WATER SUB-ELEMENT
GOAL #3B:
The Cedar Key Special Water and Sewerage District and the City of Cedar Key shall provide a safe and healthful public water supply for the citizens of the planning area. Ref: F.S. 187.201.
OBJECTIVE 3B-1 Ref: 9J5.011(2)(b)1
By 1990, to establish and maintain a coordination mechanism that assures the extension of, or increase in, the capacity of potable water facilities that will correct existing facility deficiencies and involve the city commission.
POLICIES:
3B-1.1 The district and city shall execute an interlocal agreement to coordinate correction of water supply deficiencies.
3B-1.2 The City Commission places top priority upon providing adequate fire flow, and any future improvements to the water distribution system need to address pumping capacity, storage capacity and reserve (residual) pressure.
3B-1.3 The LOS standards for fire control are:
1. Pumping Capacity: 200 gpm or 150,000 gallons per 10-hour period
2. Pressure: 50 pounds per square inch static
3. Rating: Insurance Standards Office
4. Storage Capacity: 250,000 gallons
5. Minimum Design Fire Flow: 500 gpm at 20 psi
These preliminary planning standards, to be revised as necessary by the district in consultation with its engineer, with a subsequent plan amendment as needed.
3B-1.4 The district should coordinate with the Insurance Services Office and provide the City Commission with a cost estimate for meeting fire flow standards.
OBJECTIVE 3B-2 Ref: 9J-5.011(2)(b)2
When capacity is reached, the district should have in place a funding mechanism and design to increase potable water treatment capacity to serve the projected population of the city.
POLICIES:
3B-2.1 All water system improvement activities will be coordinated with the city, the county, and other affected agencies. Reserve capacity allocated to the city shall be based on the proportionate capacity existing at the time of plan adoption: 90%.
3B-2.2 The district, in coordination and cooperation with the City Commission, will examine funding alternatives.
3B-2.3 Funding for the water system improvement projects will (at a minimum) be derived from affected property owners and water system users, the district, the city and the county.
3B-2.4 The district shall provide the city with annual reports on average water use.
3B-2.5 The district engineer will be asked to provide the district with cost estimates for preliminary engineering, design and construction.
3B-2.6 Future developments will provide 12-inch water lines, or as required by the development. In addition to current impact fees, developers will be required to fund any off-site improvements necessary to provide the needed level of service to the development.
3B-2.7 Local units of government, i.e., city and county officials, will be represented on the governing board of the CKSWSD.
3B-2.8 A local permitting system for regulating ground water withdrawals will be established on a county-wide basis with effective city input.
OBJECTIVE 3B-3 Ref: 9J-5.011(2)(b)3
Upon the completion of system expansion, the district and city shall cooperate in adopting policies which maximize the use of existing facilities within the city. (Note: Urban sprawl is not considered a problem within the city because of limited land area.)
POLICIES:
3B-3.1 District policies shall provide water service only to areas that have been annexed. The proportionate capacity of the system shall be based on proportional capacity existing at the time of plan adoption.
3B-3.2 By 1990, city Land Development Regulations and district policy shall give priority to development proposed as infill within the planning area over any new extensions of water lines, and extensions of water lines shall be at the expense of the developers.
OBJECTIVE 3B-4 Ref: 9J-5.011(2)(b)4
The city and the district herewith adopt the following water conservation objectives: By 1995 to reduce ADF and PF by 10% and by 2000 to reduce ADF and PF by 15% of 1989 per capita consumption.
POLICIES:
3B-4.1 The district is responsible for promoting water conservation by municipal customers, and for coordinating with the Suwannee River Management District to comply with its conservation policies.
3B-4.2 The minimum design flow (LOS) for water is 200 gallons per capita per day. Design standards for fire flow are specified in policy 3B-1.3.
3B-4.3 By 1990, the city shall adopt a landscape ordinance which encourages the use and preservation of native vegetation as a means to decrease the need for irrigation.
3B-4.4 Upon plan adoption the city and district shall cooperate in developing land development regulations consistent with policy 3A-3.3 (Sewer Sub-Element) providing for ultra-low-flow water devices.
SOLID WASTE SUB-ELEMENT
GOAL #3C:
The City of Cedar Key shall provide for the collection and disposal of solid wastes in Cedar Key in a manner that protects the well being of the community. Ref: F.S. 187.201
OBJECTIVE 3C-1 Ref: 9J-5.011(2)(c)1
By 1994, the City shall prepare and implement a recycling program to reduce the amount of solid waste disposed in landfills by 30% of the City's 1989 volume.
POLICIES:
3C-1.1 The Cedar Key City Commission will require compliance by all city residences, commercial and industrial establishments with the city-provided disposal service.
3C-1.2 The City Commission will continue to coordinate with the Levy County Commission in regard to landfill operations, recycling programs and waste reduction efforts.
3C-1.3 The City Commission will evaluate means of financing future expansions in service and capital equipment to meet waste reduction goals.
3C-1.4 In July, 1989, the city began a voluntary recycling collection center. By July, 1992, if the voluntary system is not effective, the City Commission will evaluate the necessity of adopting an ordinance that requires curbside collection and separation of metals, glass, paper and plastics, and by the year 2000 will consider privatization.
OBJECTIVE 3C-2 Ref. 9J-5.011(2)(b)1
The city will coordinate the extension of, or increase in, the capacity of its garbage collection to meet future needs.
POLICIES:
3C-2.1 The City hereby adopts the following per capita daily levels of service and reduction goals:
Current LOS: 7.50 lb/person/day
1995 LOS: 5.25 lb/person/day
2000 LOS: under 5.25 lb/person/day
OBJECTIVE 3C-3 Ref: 9J-5.011(2)(b)1&2
By 1994, adopt a formal inter-governmental coordination agreement which establishes a mechanism for coordinating with Levy County regarding its landfill.
POLICY:
3C-3.1 The Commissioner/Department Head assigned as such will be the liaison elected official to coordinate with Levy County.
OBJECTIVE 3C-4 Ref: 9J-5.011(2)(c)1
Continue to utilize the single county landfill rather than develop a separate municipal landfill.
POLICY:
3C-4.1 Coordinating with Levy County to provide for future solid waste facility needs is the third priority of Cedar Key.
OBJECTIVE 3C-5
The city shall adopt a small quantity hazardous waste disposal program by amending or revising Ordinance 222 by 1990.
POLICIES:
3C-5.1 The ordinance shall prohibit the disposal of batteries, lead-based paints, solvents, used petroleum products and other small quantity hazardous waste in the regular waste collection system.
3C-5.2 The city shall provide for special free disposal of small quantity hazardous waste on a city-wide basis not less than two times each year. Billing notices and newspaper advertisements shall advise of pickup dates scheduled.
DRAINAGE
GOAL #3D:
The City of Cedar Key shall provide and maintain adequate drainage facilities for Cedar Key.
OBJECTIVE 3D-1
By 1995, the city will correct existing drainage facility deficiencies. The City shall request the assistance and participation of the Suwannee River Water Management District in the development of a comprehensive stormwater management plan. The plan shall establish a 5-year work schedule with program priorities and a funding schedule.
POLICIES:
3D-1.1 The existing drainage system will continue to be maintained. Areas of ponding shall be corrected and priorities for correcting existing facility deficiencies and expansion to meet future needs, at the adopted level of service standards for water quality and quantity, shall be included in the stormwater management system plan.
3D-1.1.a Funding of the system will be through state or federal grants to correct existing deficiencies and by property owners and developers to meet future needs. The city shall continue to fund system maintenance.
3D-1.2 Natural vegetation shall be preserved to the maximum extent possible to provide natural filtration of run-off.
OBJECTIVE 3D-2
By 1990, the city will coordinate the extension of, or increase in capacity of drainage facilities through land development regulations consistent with rules 17-25 and 40B-4 FAC.
POLICIES:
3D-2.1 The City hereby adopts the following Level of Service standards (LOS) for drainage:
1. Conveyance systems - All drainage swales and ditches shall be designed to convey the runoff generated from a 10-year, 24-hour storm event. For local roadways, culverts and cross drains shall convey the runoff from a 10-year, 24-hour storm event; for state roadways, culverts and cross drains shall convey the runoff from a 25-year, 24-hour storm event, at a minimum.
2. All new development and redevelopment shall conform to the following level of service standards (redevelopment shall be defined as projects where the estimated value of construction exceeds fifty percent (50%) of the assessed value of the improvements on the property as shown on the tax assessment roll at the time of construction):
1. All residential development with less than 10,000 square feet of impervious surface and which does not otherwise require compliance with the Suwannee River Water Management District or the Florida Department of Environmental Regulation permitting rules, shall meet the following standards:
1. Lots shall be graded in such a manner as to provide on-site retention volume equivalent to 3/4" of depth over the entire site or lot.
2. Impervious surface ratios shall be limited to 40%.
3. Erosion and sediment control such as staked straw bales or fabric silt fences shall be used during the construction to prevent transportation of soil or sediment off-site.
2. All other development and redevelopment, not described in B.1 above, shall meet, at a minimum, the following standards as well as any additional requirements of Chapter 40B-4, Florida Administrative Code applicable to the subject project:
1. Water Quantity: Post-development run-off shall not exceed peak predevelopment run-off rates for a 25-year, 24-hour design storm event. All stormwater facilities shall meet the design and performance standards as established in Chapter 40B-4, F.A.C. It is intended that all standards in this citation are to apply to all new development and redevelopment and that any exemptions or exceptions in Chapter 40B-4, F.A.C., including project size thresholds, are not applicable.
2. Water Quality: Treatment of the first 3/4 inch of run-off on-site in accordance with Chapter 17-25, F.A.C., or the runoff from the first 1 ½ inches of rainfall consistent with section 17-25.035(9), F.A.C. (Design criteria for Florida Outstanding Waters) and consistent with the requirements of Chapter 40B-4, F.A.C., to meet water quality standards required by Chapter 17-3, Section 17-3.051, V. 9, F.A.C. Stormwater discharge facilities shall be designed so as to not lower receiving water quality or degrade the receiving water body below the minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3 F.A.C. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable.
3D-2.2 Upon completion of studies by the SRWMD, the city shall amend the plan to revise LOS in accordance with recommendations.
3D-2.3 New development and redevelopment shall be required to design for and accommodate the adopted LOS and shall control any increase in run-off above pre-development conditions. Stormwater quality and ambient water quality shall be consistent with Chapter 373 F.S. and rules of the Department of Environmental Regulation and SRWMD.
OBJECTIVE 3D-3
By 1990, Land Development Regulations shall require developers to protect the functions of natural drainage features.
POLICIES:
3D-3.1 Land development regulations shall require developers to protect the functions of natural drainage features by minimizing lot cover, requiring coastal setbacks as provided in policy 7-3.4 (Coastal Management), providing for natural filtration through vegetative cover buffer zones, requiring porous pavements, and mitigating any increase in predevelopment runoff levels through swales or lot depressions or best management practices to slow or reduce runoff.
3D-3.2 The city will consider developing a comprehensive storm drainage system in the more densely developed portions of the area. Funding for this system should, at a minimum, be derived from adjacent property owners, the city, and the county.
3D-3.3 New development shall provide for on-site retention of stormwater run-off in amounts greater than those levels existing before development.
3D-3.4 Zoning and subdivision regulation will define lot coverage and structure density, plus other improvements needed to maintain aquifer recharge.
3D-3.5 The city endorses and will support or initiate efforts to cease the disposal of stormwater runoff into coastal waters without pre-treatment to remove pollutants.
3D-3.6 The primary means of treating stormwater run-off shall be through natural filtration in vegetative covers.
OBJECTIVE 3D-4 Ref: 9J-5.011(2)(b)3&5
By 1990, LDRs shall provide that the existing natural drainage system shall be preserved to the maximum extent. (Note: Urban Sprawl is not considered a local problem because of limited land area of the city.)
POLICIES:
3D-4.1 LDRs shall address density-intensity impacts on runoff, land contour changes, compatible floor area ratios and surface cover allowances, and preservation of natural vegetative systems to provide for natural filtration.
3D-4.2 By 1995, LDRs shall reflect the recommendations of the SRWMD comprehensive stormwater management.
NATURAL GROUNDWATER AQUIFER RECHARGE
GOALS #3E:
The City of Cedar Key in cooperation with the Cedar Key Special Water and Sewerage District, shall provide a safe and adequate public water supply for the citizens of Cedar Key. Ref: F.S. 187.201
OBJECTIVE 3E-1
By 1990, the city and the CKSWSD shall protect human health and safety through assurance that a public water supply is available.
POLICY:
3E-1.1 Laws of Florida 63-1569, shall govern groundwater policy for private wells.
OBJECTIVE 3E-2
By 1995, the city, county and CKSWSD shall jointly provide for the protection and recharge of public water supplies.
POLICIES:
3E-2.1 The city and district shall review and comment on county plans regarding city water supplies under county jurisdiction.
3E-2.2 The county will be requested to limit growth in the immediate aquifer recharge area of the city/district water supply.
OBJECTIVE 3E-3 Ref: 9J-5.011(2)(b)5
The function of any future groundwater aquifer recharge area identified within the planning area will be protected upon identification.
POLICIES:
3E-3.1 Ref: 9J-5.011(2)(c)(4) Land development regulations shall designate any identified recharge area as an open space, conservation or preservation area.
3E-3.2 Identification of recharge areas subject to LDRs shall be a function of the SRWMD.
CONSERVATION
GOAL #4:
To conserve, protect, restore and use the natural resources of Cedar Key in a manner which will keep the area flourishing for years to come. Ref: F.S. 187.201(8)(9)(10)-(15).
OBJECTIVE 4-1 Ref: 9J-5.013(2)(b)1
By 1990, the city will adopt an air quality ordinance to maintain or reduce pollutants below allowed levels.
POLICIES:
4-1.1 The city will develop an ordinance which incorporates, meets, or exceeds minimum air quality standards at state and federal levels.
4-1.2 The city will cooperate with the state in monitoring existing Air Pollution Inventory System (APIS) facilities.
4-1.3 Industrial land use shall be located where it minimizes impact on current air quality standards.
OBJECTIVE 4-2 Ref: 9J-5.013(2)(b)2
By 1990, the city will initiate cooperation with the Cedar Key Special Water & Sewerage District (CKSWSD) to conserve, protect and appropriately use current and projected water sources and resources, including marine and shellfish habitats and estuaries.
POLICIES:
4-2.1 The city will make provisions to restrict any activities known to adversely affect the quality and quantity of water sources, including cones of influence and water wells, and water that flows into the Gulf of Mexico, bays or bayous, through the adoption of zoning ordinances and the comprehensive plan.
4-2.2 In the event of drought or any other emergency, the city shall enforce any emergency conservation measures in the plans of the Suwannee River Water Management District (SRWMD). (Ord. 345)
4-2.3 Land uses which require large water withdrawals from the land aquifer will be carefully weighed against public benefit before approval is granted by the city or district.
4-2.4 The CKSWSD, in cooperation with the Florida Department of Environmental Protection and Levy County, will conduct drawdown tests, identify cones of influence and will restrict land uses in an identified cone of influence or water recharge area to those activities which will not adversely affect water quality or quantity. (Ord. 345)
4-2.5 Should development in Cedar Key be allowed, before developers receive a permit they shall prove to the City Commission that their project will not cause undue water quality or quantity problems in the city. All permits required by any local, state, county or federal agency shall be required as proof of compliance.
4-2.6 The CKSWSD shall, in cooperation with the Florida Department of Environmental Protection, the Suwannee River Water Management District (SRWMD), and Levy County, monitor ground-water quality an levels and shall advise the city of their findings. (Ord. 345)
4-2.7 The CKSWSD, in cooperation with the SRWMD and Levy County or the city, shall properly seal active drainage wells and abandoned free-flowing artesian wells AND each agency shall cooperate in other water conservation programs.
4-2.8 The City of Cedar Key shall not issue any development permits which do not meet the requirements of this section.
4-2.9 Where public acquisition of privately-owned coastal properties would help protect adjacent surface waters from stormwater runoff and other negative impacts resulting from development that could otherwise occur, public acquisition of the sites shall be pursued. (Ord. 345)
OBJECTIVE 4-3 Ref: 9J-5.013(3)(b)3
Upon plan adoption and through 1990 LDRs, the city shall protect any environmentally sensitive land and, at such time as a natural reservation is identified, shall act to protect the area through the land use plan and implementing ordinances which address minerals, soils and native vegetative communities, INCLUDING wetlands.
POLICIES:
4-3.1 Any area identified as a "natural reservation" in the future will be designated a preservation area by amendment of this plan.
4-3.2 Any future mineral deposits will be managed in accordance with the appropriate law or statute and by amendment of this plan.
4-3.3 The city shall enact ordinance(s) which protect native vegetation, including but not limited to trees, mangroves, and marsh grasses, and assure cooperation with Levy County in identifying, conserving, protecting or preserving unique vegetative communities in contiguous areas to assure that development does not degrade the environment, impair aesthetics, damage coastal resources or deny reasonable property rights and uses.
4-3.3a The ordinance shall discourage the use of non-native vegetation because of pollens, ground water use, and competition with native vegetation. Other methods of regulation shall include buffer zones, limitations on surface area ratio, limiting removal of established native vegetation and trees, setbacks, clustering of dwelling units and other locational requirements.
4-3.4 By 1990, the city shall amend, adopt and implement land development regulations to protect wetlands from physical or hydrologic alteration; and to ensure that:
1. Site Plans for new development identify the location and extent of wetlands on the property.
2. Site Plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development.
3. Where alteration of wetlands is necessary to allow reasonable use of property, Site Plans shall provide for restoration of disturbed wetlands or the creation of new wetlands to mitigate any wetland destruction.
4-3.5 By 1991, the city shall have available for developers and for city planning purposes, more detailed information on community and area-wide constraints and opportunities for development, including local criteria for sensitive areas. A physical limitations map shall be developed as follows:
1. Prepare a composite or overlay map which illustrates soils, wetlands, important vegetative buffer areas, geologic, surface and ground water information.
2. Define areas on the map that have physical or hydrologic limitations and identify potential for alternative land uses.
3. Define the appropriate land uses based on the physical limitations and potential; except that mineral extraction shall not occur without amendment of this plan.
4-3.6 The city shall cooperate with the Florida Department of Environmental Protection, SRWMD, Levy County and the U. S. Army Corps of Engineers to improve compliance with dredge and fill permitting processes. (Ord. 345)
OBJECTIVE 4-3A Ref: 9J-5.013(2)(b)3
By 1990, city LDR shall include provisions to reduce the rate of soil erosion caused by land development and other human activity by 10% by 1995 and by an additional 5% by 2010.
POLICIES:
4-3A.1 The city shall consider topographic, hydro-logic and vegetative cover factors affecting soil erosion in the site plan review of proposed development.
4-3A.2 The city shall prohibit off-road vehicles in areas susceptible to erosion and shall assist the county, state and U. S. Soil Conservation Service in the enforcement of any prohibited activity directed at minimizing soil erosion.
4-3A.3 The city shall apply for grants or funding to assess the viability of beach restoration and erosion prevention programs and to implement any recommended action resulting from a professional assessment.
OBJECTIVE 4-4 Ref: 9J-5.013(2)(b)4
Upon plan adoption and through 1990 LDRs, the city shall adopt ordinances which conserve, provide for appropriate use of and protect fisheries, marine habitat, wildlife and wildlife habitat with special attention to the continued viability of fisheries of economic importance to the area, including shellfish and crustaceans and their habitat.
POLICIES:
4-4.1 The city shall prohibit development which endangers the habitat or species identified in this objective, unless such development is consistent with and furthers the objectives and goals of this plan, the State Comprehensive Plan and Regional Plans and all applicable statutes, rules and regulations.
4-4.2 All ecological communities and wildlife, especially endangered, threatened or species of special concerns, shall be identified, managed and protected by:
a. Directing development away from sensitive ecological communities.
b. Limiting densities or intensities of land use in sensitive areas.
c. Controlling land uses which would fragment or divide sensitive areas.
4-4.3 The city will cooperate with the county in maintaining an inventory of species in ecological areas, including population estimates, habitat conditions, occurrences and disturbances; and shall recommend acquisition of vulnerable areas through the Florida Forever, Florida Communities Trust, or other land acquisition programs of the State and regional agencies. (Ord. 345)
4-4.4 By 1990, the city shall amend and adopt land development regulations which include provisions to protect sensitive coastal areas and saltmarshes in the area and shall develop a map and regulations which:
1. Propose clustering of dwelling units away from sensitive portions of ecological communities.
2. Discourage the fragmentation of sensitive coastal areas and saltmarshes by limiting use to water-dependent uses, prohibiting dredge and fill activities and providing for restoration of wetlands.
3. Require buffering of sensitive ecological areas through setback regulations, limitations on land area coverage and density-intensity standards which decrease population concentrations in sensitive areas.
4-4.5 The city shall protect endangered and threatened species and ecologically vulnerable areas through the use of:
1. Conservation easements,
2. Transfer of Development Rights,
3. Zoning,
4. Fee simple Acquisition through private, state. or federal grants or voter referendum for tax funds,
5. Other funding or control mechanisms consistent with 187.201.
4-4.6 The habitat of any endangered species shall be totally preserved in the manner prescribed in Policy 4-4.5. Only development, which increases the carrying capacity of the habitat will be permitted in accordance with a management plan endorsed by the Florida Department of Environmental Protection or the Fish and Wildlife Conservation Commission. (Ord. 345)
4-4.7 Before 1995 the city will require a marine and wildlife assessment and protection component as part of all subdivision and planned developments.
4-4.8 In furtherance of Objective 4-4, the city will:
1. Assist in the application of and compliance with all state and federal regulations which pertain to rare or endangered species.
2. Consult with the Marine Fisheries Commission and/or the Fish and Wildlife Conservation Commission prior to the issuance of any land use permit which has a questionable impact on any endangered or rare species protected or of economic importance to Cedar Key.
3. Assist the Marine Fisheries Commission., CKHS, and Florida Department of Environmental Protection developing educational programs which would promote the preservation, protection, and maintenance or restoration of locally important marine habitats and species and any rare, endangered or threatened species.
4. Establish a program of information with CKHS, local private land owners, commercial and sports fishermen and interested citizens which emphasizes good management practices in the protection, preservation, and use of resources.
5. Where natural environments have been degraded, especially shoreline environments, the City shall take steps to promote the restoration and enhancement of these areas through such measures as preparation of resource management plans and cooperating with other private and/or governmental agencies. Where such sites are privately owned, public acquisition shall be considered.
(Ord. 345)
4-4.9 The city will adopt ordinances which control air boat use in areas subject to habitat degradation, including salt marshes, oyster bars and erosion-prone shores.
OBJECTIVE 4-4a Ref: 9J-5.013(2)(b)4
Upon plan adoption and through 1990 LDRs, the city shall ensure appropriate regulations and ordinances are adopted to comply with OFW designation, and shall protect the quality of all surface waters through the regulation of all NEW development.
POLICIES:
4-4a.1 The city in cooperation with the CKSWSD, shall monitor all wastewater package treatment plans to assure compliance with effluent standards.
4-4a.2 By 1990, the city shall adopt and implement a comprehensive stormwater management ordinance establishing:
1. Streambank and shoreline buffer zones adjacent to surface waters which preserve natural vegetation which provides natural filtration of stormwater runoff.
2. General design and construction standards for on-site stormwater management systems for NEW development to ensure that post-development runoff rates, volumes and pollutants do not exceed pre-development conditions.
3. Best management practices for aquacultural, agricultural and landscaping uses to assure consistency with state and federal standards to reduce pesticide-fertilizer runoff, prevent depletion of DO (dissolved oxygen) levels and reduce rates of soil erosion and turbidity.
4. Standards for all NEW development located within the "Stream-to-Sink" basins, or proposing to discharge runoff to surface waters, to ensure compliance with practices and standards adopted by the SRWMD and the rules and regulations of federal and state agencies.
5. Standards and a management plan to reduce or eliminate the discharge of untreated stormwater shall be requested from the SRWMD and incorporated as an amendment to this plan.
OBJECTIVE 4-4b Ref: 9J-5.013(2)(b)4
Upon plan adoption and through 1990 LDRs, the city shall develop a floodplain management handbook to assure maintenance of the area's flood-carrying and flood storage capacity to protect the natural functions of the 100-year floodplain.
POLICY:
4-4b.1 The city handbook shall improve implementation of, monitoring and enforcement of the Levy County floodplain regulations.
OBJECTIVE 4-5
By 1990 the city shall comply with provisions of 40 CFR regarding small quantity hazardous waste generation and disposal.
POLICY:
4-5.1 The sanitation or solid waste elements of this plan shall contain specific plans and policies regarding hazardous wastes and the protection of natural resources through disposal methods. See: Solid-Waste Sub-Element. Objective 3C-5 and Policies 3C-5.1 and 3C-5.2.
RECREATION & OPEN SPACE
GOAL #5:
To maintain and develop a variety of recreation facilities and/or programs and insure adequate open space to satisfy the existing and future needs of Cedar Key. Ref: F.S. 187.201.
OBJECTIVE 5-1 Ref: 9J-5.014(3)(b)1
Upon plan adoption and through 1990 Land Development Regulations (LDRs), public access to recreational areas and open space shall be ensured and shall prohibit encroachment on public access areas. The city shall provide and maintain a system of public recreation facilities adequate to meet projected population to the year 2000.
POLICIES:
5-1.1 By 1995 develop at least one pocket park at a city-owned street terminus or in the vicinity of the school on public property.
5-1.2 By 2000 provide at least one additional pocket park in a shoreline area.
5.1.3 By 1990 the city shall designate Block 7, Town of Cedar Key, as open space for future public beach development and shall designate the presently unpaved west end of 2nd Street as a future beach parking area.
5-1.4 By 1991 to identify potential public and private funding sources for beach restoration or rehabilitation and apply for funds as available.
5-1.5 Upon enactment by referendum, the city shall designate 20% of any future Tourist Development Tax for beach and natural area acquisition or development for tourism enhancement.
5-1.6 The city will actively seek funding for the public acquisition of coastal areas such as the Cemetery Point site, the old railroad trestle and the original public beach site. (Ord. 345)
5-1.7 Encroachment on or private use of public lands shall be specifically prohibited.
OBJECTIVE 5-2 Ref: 9J-5.014(3)(b)2
Through 1990 LDRs, the state, county school board and private recreational delivery systems and plans shall be coordinated in a city-wide system for meeting recreational needs.
POLICIES:
5-2.1 (Revised 9/90) The city hereby adopts by reference Tables 6-1 through 6-5, Outdoor Recreation in Florida - 1989 DNR, as the recreation level of service standards.
5-2.2 Within one year of plan submission, land development regulations shall include provisions for recreational service level impacts and level of service standards.
OBJECTIVE 5-3
Upon plan adoption and through 1990 LDRs, open space shall be required and protected through standards which assure compatible land uses and visual access to the shoreline. The city hereby designates all street end shoreline locations as public open areas.
POLICIES:
5-3.1 Regulations shall assure visual access to the shoreline through not less than twenty percent of development site areas.
5-3.2 Greenbelts and buffer zones shall separate incompatible uses.
5-3.3 Native vegetation shall be used to landscape open space.
5-3.4 Signs and other visual obstructions shall be prohibited in areas designated as open space..
5-3.5 Parking in recreation and open space areas shall be limited to intended site uses.
5-3.6 Developers shall be required to designate open space and recreation areas on site plans and meet LOS standards of one acre of landscaped open space per 100 population.
HOUSING
GOAL #6:
To enhance cost-effective availability and affordability of housing for present and future residents of Cedar Key in accordance with income level and with emphasis on self-sufficiency, quality of life and environment, health, safety, the public good and private property rights. Ref. F.S. 187.201(5(15)
OBJECTIVE 6-1 Ref: 9J-5.010(3)(b)1
By 1990, the city will have developed regulatory controls which assure that affordable housing is available for existing and future population including families supported by aquacultural, fisheries and tourism-related industry, who are exempt from the wage and hour provisions of the Fair Labor Standards Act and/or minimum wage law.
POLICIES:
6-1.1 The city will consider various alternative loan programs - including city, state and federal loan funds - to create a revolving loan fund, and the involvement of the private sector in partnership with government to improve the regulatory process, provide funding mechanisms and improve employment opportunities.
6-1.2 Concurrent with the development of increased employment through aquacultural projects, the city shall assure the availability of affordable housing for low-and moderate-income families thorough implementation of Policy 6-1.1.
6-1.3 Methods to assist in providing low- and moderate-income housing shall include the following LDR provisions. Each criteria shall be applied on the basis of the time duration of the proposed development and the income ranges of the applicable low- or moderate-income market.
a. Density bonuses to developers.
b. Reductions in setback, floor-to-area ratios, lot coverage and native vegetation standards.
c. Flexibility in application of building code standards which does not endanger health, safety or public welfare.
d. Waivers or reductions in impact fees, connection fees, development and permit fees and ad valorem taxes.
6-1.4 LDRs shall also provide for the inclusion of low- or moderate-income housing in developments based on the percentage of low- or moderate-income population or allow, as an alternative, the payment of a fee to be used to provide low- and moderate-income housing elsewhere.
OBJECTIVE 6-2 Ref: 0J-5.010(3)(b)2
By 1993, the city will adopt a 5-and 10-plan which identifies marginal buildings and provides for a schedule of elimination or rehabilitation, including structural and aesthetic improvement consistent with the character and resources of the community.
POLICIES:
6-2.1 The city shall modify and adopt the Unsafe Building Abatement Code (UBAC) of the Southern Standard Building Code.
6-2.2 An inventory of historic buildings in need of rehabilitation shall be compiled and rated for priority consideration in the 5- and 10-year schedule.
6-2.3 Principles for the conservation and rehabilitation of historic buildings shall be consistent with state and federal standards.
OBJECTIVE 6-3 Ref: 9J-5.010(3)(b)3
By 1992, the city shall implement intergovernmental programs which assure optimal use of government housing for low-income families and will cooperate with developers in providing sites for moderate-income families and consistent with FEMA and CZMP regulations, provide mobile home sites.
POLICIES:
6-3.1 In cooperation with the Levy County Housing Authority, the city will study the feasibility of expanding current government housing to increase on-site accommodations and assure consistency with the historic district. The study will include an assessment of privatization potential, government private sector partnerships and/or sale of government housing to eligible renters through low-cost government loans.
6-3.2 In cooperation with private developers, the city will assist in identifying suitable locations for FmHA RH515 multi-family housing programs and shall support efforts to provide housing for moderate-income families through consideration of tax incentives, reduced enterprise fund fees and/or reduction or waiver of permit fees.
6-3.3 Mobile home sites shall comply with the provisions of FEMA and CZMP ordinances adopted by the city.
OBJECTIVE 6-4 Ref: 9J-5.010(3)(b)4
By 1990, LDRs shall provide that group homes and foster care facilities approved by HRS shall be permitted at the rate of 1:100 single-family residential units.
POLICIES:
6-4.1 The city zoning ordinance shall provide for group homes and foster homes authorized by appropriate state agencies in all residential zoning districts and shall provide for avoiding any concentration of group homes/foster homes in any neighborhood. Level-of-care uses shall be consistent with support services availability.
6-4.2 The zoning ordinance shall not limit locations and shall provide that all necessary infrastructure is in place. Densities for group/foster homes, low-to moderate-income housing and mobile homes will be consistent with other uses allowed.
6-4.3 The city will assure non-discrimination by compliance with federal and state laws.
OBJECTIVE 6-5 Ref: 9J-5.010(3)(b)5
By 1990, consistent with the NRHP and Florida Site Master File, the city shall adopt policies and plans to conserve and rehabilitate, on a priority basis, historically significant buildings and will develop regulations for demolition of hazardous housing or buildings which endanger public safety.
POLICIES:
6-5.1 The city will determine priorities for rehabilitation potential consistent with state and federal standards.
6-5.2 Temporary and time-dependent tax relief or other economic incentives will be considered for private development or rehabilitation of historic structures if consistent with the historic character and architecture of the area.
6-5.3 Standards for condemnation and demolition proceedings shall be developed and will include those identified in the Southern Standard Building Code (SSBC) and UBAC (see 6-2.1) and the following procedures and methodology shall apply to structures which violate the Minimum Housing Code:
a. Issue a Notice of Intent to Condemn.
b. Identify funding sources for rehabilitation, including FmHA, CDBD and DCA Elderly Homeowner Rehabilitation Program, and apply as appropriate to the owner.
c. Condemn buildings which, within one year, have not been brought into compliance or do not have a funding application in progress.
d. Demolish buildings not suitable for rehabilitation and which are a fire or safety hazard.
OBJECTIVE 6-6 Ref: 9J-5.010(3)(b)6
Concurrent with implementation of objectives in this section, the city shall make provisions for relocation housing for any person or family displaced by rehabilitation, condemnation or demolition.
POLICY:
6-6.1 During rehabilitation or upon demolition of any structure by order of the city, the city shall provide alternative housing opportunities within the financial means of the displaced household through local, state or federal subsidies, as appropriate, and shall assist families in identifying relocation housing.
OBJECTIVE 6-7 Ref: 9J-5.010(3)(b)7
By 1991, the city will develop a housing implementation program consistent with the objectives and policies of this element.
POLICY:
6-7.1 The Housing Implementation Program (HIP) shall include the following:
a. Zoning Ordinances,
b. Alternative Loan Programs,
c. Southern Standard Building Code,
d. Unsafe Building Abatement Code,
e. Inventory of and Priority Rating for Historic Building Rehabilitation,
f. Principles for Conservation and Rehabilitation,
g. Intergovernmental Coordination with the Levy County Housing Authority,
h. Farmers Home Administration (FmHA) programs,
i. Compliance with FEMA and CZMP ordinances,
j. Group Home/Foster Home provisions,
k. Rehabilitation Priorities for other than historic sites,
l. Funding Mechanisms,
m. Condemnation/demolition standards, and
n. Relocation Housing.
OBJECTIVE 6-8
In order to assure that the rate of development does not result in LOS capacity deficits, upon plan adoption, and through 1990 LDRs, the city and CKSWSD shall control the rate of development through the following policies:
POLICIES:
6-8.1 Proposed development which exceeds 50% of state DRI thresholds shall be required to perform a DRI Review through the Withlacoochee Regional Planning Council at the expense of the developer. Permits shall be issued on the basis of WRPC recommendations.
6-8.2 Residential lots existing at the time of plan adoption shall not be subdivided.
6-8.3 No high-density development shall be permitted in the coastal high hazard area.
6-8.4 Development in the coastal high hazard area shall be limited to low-density, except for low-and/or moderate-income housing, which may be medium-density.
6-8.5 The CKSWSD shall adopt an allocation plan for any remaining water or sewer capacity.
COASTAL MANAGEMENT
GOAL #7:
To protect human life, manage coastal resources, limit the use of public funds in high hazard coastal zones and restrict development which has a negative impact on coastal zones. Ref: F.S. 187.201
OBJECTIVE 7-1 Ref: 9J-5.012(3)(b)1
Upon plan adoption and land development regulations to be adopted in 1990, the city shall ensure that there is no net loss of mangroves, wetlands and seagrasses as a result of development.
POLICIES:
7-1.1 Ref. 9J-5.012(3)(c)1 Zoning and subdivision ordinances will be utilized to limit both specific and cumulative impacts of development or redevelopment.
7-1.1 a No wetlands area shall be disturbed unless essential to the protection of human life, and new wetlands shall be created to compensate for wetland loss on a parity basis when any wetland is destroyed, damaged or disturbed.
7-1.1 b Developers will be required to provide written assurances that water quantity and quality shall not be diminished or degraded by development, and they shall be required to mitigate or compensate for any damage which may result from development impacts on fisheries, marine and wildlife, and their habitats.
7-1.1 c No new development will be permitted which alters or has the potential to erode beaches or dunes. Impervious surface cover shall be limited to a total floor area ratio equal to 40% of total lot area in low- and medium-density shoreline areas.
7-1.1 d An open space ratio of 60% of the total lot area will be required in residential and non-residential coastal areas.
7-1.2 The city shall assure that all future development on off-shore islands is consistent with natural processes and constraints and does not infringe upon overall public welfare or natural environment.
7-1.3 The city shall continue protecting the basic natural function and subsequent contributions to the marine life served by coastal marshes, mangroves and marine grass beds.
7-1.3 a The protection of mangroves, grass beds, and adjacent aquatic areas shall be enhanced to encourage and augment feeding grounds for American Bald Eagles which nest in the region. These feeding grounds are one of the few feeding grounds in the United States and shall be maintained.
7-1.3 b The city shall continue to protect, conserve or enhance remaining coastal wetlands, living marine resources, coastal barriers, and wildlife habitats.
7-1.3 c Endangered and/or pristine habitats located within coastal marshal shall not suffer the activities accompanying development, regardless of anticipated benefits.
7-1.3 d To implement this policy, the City Commissioners will request state and/or federal staff assistance in identifying endangered or pristine habitats.
7-1.3 e Other endangered species that frequent the existing grass beds and adjacent waters, such as the manatee, shall be protected and their habitats maintained, to provide an ecological sanctuary for these forms of wildlife.
7-1.4 a Mangrove, wetland and seagrass areas within the city shall be deemed environmentally sensitive, in recognition of their many natural functions and values, and, to further the public interest, shall be protected from incompatible land uses. The City shall afford protection to all these resources regardless of size.
7-1.4 b The definition of mangroves and wetlands to be used for regulatory purposes by the City shall be the most comprehensive definition of the definitions of wetlands used by the Suwannee River Water Management District, the Florida Department of Environmental Protection and the U. S. Army Corps of Engineers. Representatives of these agencies will be contacted for assistance in identifying the location of all wetland areas within the city. (Ord. 345)
7-1.4 c The location of mangrove and wetland areas shall be identified at the time of site development review on a site-by-site basis. The City shall not issue a development order or permit for a parcel until all wetland areas on that parcel or immediately adjacent to the proposed development have been identified and located.
7-1.4 d No development, including residential development, shall be permitted within mangrove or other wetland areas or over seagrass beds unless project alternatives that would avoid mangrove, seagrasses and wetland impacts are unavailable and mitigation is provided by the applicant to offset adverse impacts. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17-312.300 through 17-312.390. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable.
7-1.5 a The City shall permit within mangrove, seagrass and wetland areas only the following structures: elevated piers, docks, and walkways of no more than four feet in width, in conjunction with a permit from the Florida Department of Environmental Protection, pursuant to Chapter 17-27, F.A.C. (Ord. 345)
7-1.5 b Within mangrove, seagrass and wetland areas, all piers, docks and walkways shall be constructed on pilings.
7-1.5 c No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach waters of at least 4 feet at mean low tide for docking facilities. The docking terminus shall not be located over a seagrass bed.
7-1.6 No dredging or filling shall be permitted within mangrove areas or on seagrass beds in the city.
7-1.7 Drainfields for septic tanks and graywater shall not be permitted in mangrove and wetlands areas.
7-1.8 Alteration of mangrove and wetland areas by chemical defoliants shall not be permitted. Any mangrove or wetland area which serves as an active nesting site or as a feeding or breeding area for a colony of birds shall not be altered.
OBJECTIVE 7-1A
Upon plan adoption, city LDRs shall assure that development of unbridged coastal islands and coastal barriers in the planning area is consistent with all elements of this plan.
POLICIES:
7-1A.1 In order to prevent population concentrations in coastal high hazard areas and limit the exposure of human life to natural hazards, only low-density development shall be permitted on unbridged islands.
7-1A.2 No public funds shall be used to provide services or infrastructure which support development of unbridged coastal islands. Prohibited public fund uses shall include, but shall not be limited to sewer, water or drainage systems; roads, parking or other transportation systems; recreational, marina or docking facilities; on-site solid waste collection and on-site fire or police protection.
7-1A.3 The city disaster preparedness plans shall include provisions for priority evacuation of unbridged coastal islands within the city limits. (See policy 7-7.3a)
7-1.A.4 Development of unbridged coastal islands shall be limited to those islands approved for development by the Internal Improvement Trust Fund (IITF).
7-1.A.5 As a condition of development and in order to conserve, protect and enhance coastal barriers, a portion of the shoreline of unbridged coastal islands approved for development by the IITF upland of the mean high water line shall be designated a conservation area.
7-1A.6 Unbridged islands shall be eligible for TDR (Transferable Development Rights) and city land development regulations shall provide that enforceable deed restrictions in the chain of title expressly restrict the use of the land in perpetuity to a conservation zone after transfer of the rights off-site.
OBJECTIVE 7-1B
By 1990, LDRs shall provide for the protection of living marine resources, native vegetation and wildlife habitat.
POLICIES:
7-1B.1 Regulations shall require a permit before removal of any native vegetation and shall prohibit the removal of mangroves.
7-1B.2 Native vegetation within 50 feet of wetlands or waters contiguous to shellfish, harvesting areas, stone crab breeding areas, American Bald Eagle feeding grounds or Outstanding Florida Waters (OFW) or aquatic preserves shall be totally preserved. Docks or walkways to allow access to water or wetlands may be permitted to the extent that the native vegetation buffer zone herein required shall be increased to compensate for dock or walkway area on an equal square footage basis.
7-1B.3 Regulations shall provide that not less than 25% of on-site native vegetation, exclusive of wetlands or areas seaward of the coastal construction setback line shall be preserved. Upland vegetation communities and wildlife habitat shall be protected through land development regulations which are consistent with Map Series 7-7 which is hereby adopted by reference.
7-1B.4 Invasive exotic plant species (such as the Brazilian Pepper) which compete with native vegetation, shall be removed from development sites and replaced with native plant species to prevent soil erosion.
7-1B.5 In order to stabilize the shoreline, minimize flood or storm damage, filter non-point source pollutants, and provide wetlands wildlife habitat, proposed shoreline development and redevelopment in areas that lack wetland vegetation shall be planted with native wetland vegetation to create the required native vegetation buffer zone. If site elevation is too high for wetland vegetation, then a buffer zone of upland plants shall be required.
7-1B.6 Regulations to protect manatees shall include boating speed limits and marina siting criteria in state-designated critical manatee habitats.
OBJECTIVE 7-2 Ref: 9J-5.012(3)(b)2
By 1990, LDRs and CKSWSD standards shall provide for the reduction or elimination of practices which degrade the quality of estuarine and coastal waters.
POLICIES:
7-2.1 Expansion, replacement or improvements to the existing sewage system and any proposed sewage package treatment plants shall meet effluent quality standards consistent with a "water reclamation facility" or Class II and OFW disposal standards of DER.
7-2.2 Upon completion of sewer system improvements, the CKSWSD shall cease disposal of effluent into coastal waters on a routine basis by providing a DEP-approved land disposal site. No package treatment plant shall dispose of effluent in coastal waters. (Ord. 345)
7-2.2.a Septic tanks shall only be permitted as a temporary disposal system and only until such time as a central system collection line is available.
7-2.2.b All new subdivisions, commercial establishments and medium- or high-density development or redevelopment proposals shall be required to provide connection to a central sewer treatment facility meeting effluent quality standards and disposal requirements cited in this plan.
7-2.3 The City Commission shall develop a liaison or intercommunication mechanism to Levy, Citrus and Dixie Counties to coordinate estuarine protection plans and shall support and comply with state and federal programs to improve estuarine quality.
7-2.4 Concurrent with adoption of this plan, the city will limit dredge and fill activities in the coastal area primarily to maintenance dredging. Additional activities should occur under circumstances supported by the SRWMD, the U. S. Army Corps of Engineers, and the Florida Department of Environmental Protection. (Ord. 345)
7-2.5 The City Commissioners will minimize dredge and fill activities within the city and insure that necessary activities (such as the maintenance of navigable water channels and the city marine) pose the lease possible adverse environmental, social and economic impacts.
7-2.6 Development which requires dredging, filling and/or artificial waterways will be permitted only if found not to be contrary to public interest, and which after careful review is deemed necessary or beneficial to the management of coastal submerged lands.
7-2.7 Upon completion of the SRWMD stormwater management study referenced in Policy 3D-1, Drainage Sub-Element, the city will apply for grant funding to correct existing deficiencies, including direct disposal of stormwater to coastal waters.
OBJECTIVE 7-3 Ref: 9J-5.012(3)(b)3
By 1990, the city LDRs shall provide that shoreline areas designated for commercial use shall give priority to water dependent uses over water-related uses and shall limit future development of remaining shoreline to water-dependent, water-related or residential uses.
POLICIES:
7-3.1 Development permitted within the remaining commercial shoreline area shall be limited to the following as an adopted priority:
1. Water-Dependent Users
1. Commercial Fishing
2. Public Use Marinas
3. Other public use water-oriented recreation
2. Water-Related Uses
1. Commercial establishments that supply fishing or marine supplies or services directly associated with water-dependent uses
2. Tourism-related business which provides user access to water-dependent uses
3. Tourism-related business which provides users with scenic water views as an integral part of the business activity (i.e., restaurants, motels)
7-3.2 Shoreline use outside of commercial areas shall be restricted to conservation, recreation or low-density residential uses.
7-3.3 Marinas and multislip docking facilities shall conform to applicable DEP rules. (Ord. 345)
7-3.3a No new or expanded marina or multislip docking facility not permitted by the IITF and DEP before adoption of this plan shall be allowed in waters contiguous to OFW, Class II Waters or aquatic preserves unless consistent with uses cited in Policy 7-3.1.A. (Ord. 345)
7-3.3b Marinas and multislip docking facilities allowed under Policy 7-3.1.A and 7-3.4 shall meet the following criteria and requirements:
1. A manatee protection plan
2. Adequate depth for ingress and egress without disturbing productive or vegetated bottoms
3. Adequate parking on existing uplands
4. A stormwater management plan
5. A documented spill containment or clean-up plan
6. Sewage connections for live-aboard uses
7. Sufficient distance from existing facilities to avoid cumulative impacts.
OBJECTIVE 7-4 Ref: 9J-5.012(3)(b)4
Upon plan adoption and through 1990 LDRs, protection of the shoreline shall be achieved by establishing a coastal construction setback line, adopting coastal construction regulations and standards; limiting the construction of seawalls and initiating beach restoration studies and plans.
POLICIES:
7-4.1 A minimum coastal construction setback line of 50 feet from the mean high water line will be maintained on any land adjoining surface water, including rivers and the Gulf of Mexico. Water-Dependent structures such as boats, wharfs, marinas, etc. will be exempt from this setback requirement.
7-4.1a The coastal construction setback line may be interpreted as the average distance from the mean high water line to the side(s) of enclosed structures which face the water.
7-4.1b LDRs may permit hardship variances, including zero setback from road frontage, in those instances where application of the coastal construction setback line would deny any use of lands platted before adoption of this plan and which would constitute a "taking."
7-4.2 The city hereby adopts the construction code and recommendations of the FEMA-55, February 1986 "Coastal Construction Manual."
7-4.3 The use of seawalls or bulkheads shall be limited to the protection of existing endangered structures identified by a certified engineering plan or to approved beach restoration or preservation structures. Rip rap shall be placed at the toe of all replaced bulkheads and seawalls.
7-4.4 The city shall apply for funding to study the feasibility of and to implement any recommended beach restoration or preservation programs on City-owned land in Block 7 and other existing or historic beach locations.
7-4.5 Shoreline modification and construction will be regulated through appropriate city ordinances and regulations to protect water quality, natural habitats or adjacent shore areas. These regulations may include, but not be limited to: subdivision drainage and storm-water run-off and retention standards; limitations on shoreline modifications; minimum setbacks; requirements for the use of docks and piers for shallow water access rather than dredging and filling, etc.
7-4.6 The City Commissioners shall, where appropriate, consult federal, state and county agencies in developing and implementing comprehensive plans for stabilization, modification or restoration of coastal shorelines.
7-4.7 Given that waterfront access is a limited resource in Cedar Key, top priority is hereby placed upon use of the shoreline for water-dependent uses. A lower priority is given to water-related uses. All proposed shoreline uses shall meet the following criteria:
a. The proposed land use must be compatible with all adjoining land uses.
b. Upland support services shall be available and adequate to serve the proposed use at or above minimum acceptable service levels.
c. A hurricane contingency plan shall be provided for city non-residential use.
d. Ownership shall be documented.
e. An environmental protection plan shall be provided, documenting pre-construction, construction and post-construction protection of the water quality, water depth, marshes and marine ecosystems; and, including a mitigation plan to restore in the event of damage or destruction to the coastal environment.
f. Availability for public use and access shall be documented.
g. A market analysis shall document both the economic need and the economic feasibility.
OBJECTIVE 7-5 Ref: 9J-5.012(3)(b)5
Upon plan adoption and through annual review of the Capital Improvements Element of this plan, the city shall limit public expenditures that subsidize development in coastal high hazard areas except for restoration or enhancement of natural resources.
POLICIES:
7-5.1 Neither the city nor any other public agency will subsidize non-essential facilities or services in coastal high hazard areas. Essential services and facilities include those that are directly related to the public health and safety or which are water-dependent.
7-5.1a New sewage treatment facilities shall be flood-proofed and meet DEP requirements to prevent seepage of raw sewage during flood or storm events. (Ord. 345)
7-5-1b Extension of sewer collection lines or any modification required to support new development in the coastal high hazard area shall not be made at public expense.
7-5.1c New septic tanks shall be fitted with back-flow prevention devices and shall met DEP requirements. (Ord. 345)
7-5.1d Repairs to roads damaged by storms shall be limited to maintenance of LOS standard "C" and shall not provide for increased traffic capacity which supports new development.
7-5.1e Public parking areas which support new residential or commercial development or redevelopment in the coastal high hazard area shall not be constructed or repaired at public expense.
7-5.2 Public access to parks, fishing piers, boat ramps and public use marina and multislip docking facilities shall be exempt from the provisions of this section.
OBJECTIVE 7-6 Ref: 9J-5.012(3)(b)6
By 1990, the city shall limit population concentrations in the coastal high hazard area (CHHA) and shall reduce hazards to life and property through LDRs which control building and development.
POLICIES:
7-6.1 The city hereby designates as coastal high hazard areas (CHHA) those areas identified as V-Zones on the existing and future editions of the FEMA Flood Insurance Rate Map (Community Panel No. 1203730001B) and will limit development within these areas and relocate or replace non-essential infrastructure away from these areas.
7-6.2 New high-density development shall be prohibited in the CHHA.
7-6.3 The Southern Standard Building Code, augmented by more restrictive standards which are necessary to mitigate the effects of wave wash and high winds, shall regulate all coastal construction.
7-6.4 The city will continue to require compliance with the FEMA regulations (Ordinance 220) adopted in 1985 and shall modify the ordinance to include any subsequent revisions.
7-6.4a Pilings shall be used to elevate structures above base flood elevations (BFE) without the use of fill.
7-6.4b Modification of elevated structures shall limit areas below BFE to:
1. Break-away walls
2. Restricted electrical or other utilities
3. Non-habitable uses.
7-6.4c Mobile homes in existing manufactured home parks shall meet the requirements of 44 CFR Parts 59 and 60, FEMA, September 1989.
7-6.4d Variances for historic structures shall be limited to repair or rehabilitation of existing structures which does not affect their historic designation. (Ref: 44 CFR Part 60.6, 9-15-89)
OBJECTIVE 7-7 Ref: 9J-5.012(3)(b)7
Upon plan adoption, evacuation time for a category 3 storm or greater shall be clearance of the islands seaward of No. 4 bridge within 8 hours of an evacuation order.
POLICIES:
7-7.1 The City Commissioners will provide a disaster preparedness plan that will be implemented along the Cedar Key shoreline in the event of a hurricane or other natural or man-induced disaster.
7-7.2 A plan for the expeditious, effective and coordinated efforts of federal, state and local agencies describing those actions to be taken in the identification, organization and mobilization of resources necessary to assist city residents before, during and after a natural disaster has been developed by the Levy County Civil Defense Director. This plan will be updated and implemented by the City Commission as necessary. Said plan is hereby adopted as a part of the Cedar Key Coastal Management Plan by reference.
7-7.3 Special evacuation decisions and practices shall include the following:
a. Unbridged coastal islands shall be evacuated upon issuance of a Small-Craft Hurricane Advisory.
b. Upon notice from the county civil defense director or other county authority that pre-storm rainfall has caused flooding along off-island evacuation routes, a city evacuation order shall be issued upon notice of an official Hurricane-Watch period.
c. Recreational vehicles and mobile homes shall be evacuated during the Hurricane-Watch period.
d. A tow truck will be stationed beside the evacuation route in case of need, and patrol cars will be stationed beside the roadways to direct a traffic.
e. Transient rental units shall post hurricane evacuation policy and procedure notices conspicuously in each rental unit during the official hurricane season.
OBJECTIVE 7-8 Ref: 9J-5.012(3)(b)8
Upon plan adoption, the city/county Local Peacetime Emergency Plan shall provide for immediate response to post-hurricane conditions and shall establish priorities for recovery and redevelopment consistent with this plan.
POLICIES:
7-8.1 The City Commissioners, along with the City and the Levy County Building Official, the Levy County Sanitarian, and the Chairman of the Board of County Commissioners, will act as a redevelopment task force and shall hear and decide all requests for immediate post-disaster repair needed to protect public health and safety.
7-8.2 Immediate post-hurricane cleanup and repairs required to protect public health and safety shall be the first priority and shall include:
a. Repairs to the sewage, potable water and public utility facilities.
b. Removal of debris and an assessment of the safety of roads, bridges and habitable structures and posting of warning notices on substantially damaged structures.
7-8.3 Permitting for long-term redevelopment other than for minor repairs to make structures habitable, shall be deferred until identified priorities have been met.
7-8.4 Structures with substantial damage (over 50% of pre-storm appraised structure value) shall meet all locational, development and construction standards, regulations and amendments thereto before being permitted for redevelopment.
7-8.5 Existing structures over submerged lands which are substantially damaged shall provide evidence of continued compliance with or renewal of state title land records for a determination of then current state owned submerged land rules.
OBJECTIVE 7-9 Ref: 9J-5.012(3)(b)9
Concurrent with plan adoption, the city shall, without exception, retain existing shoreline access areas; by 1990 shall adopt LDRs which promote public access to shoreline by prohibiting encroachment on public access areas; and by 1993 shall increase public access through development of pocket parks at city-owned street end locations on the shoreline.
POLICIES:
7-9.1 Any public or private individual, group, firm or agency that disturbs or degrades the natural resources of the shoreline of Cedar Key shall fully restore them to their original condition.. This shall be regulated by city and/or local ordinances and/or state and federal rules.
7-9.2 Cedar Key hereby adopts and shall enforce the public access requirements of the Coastal zone Protection Act of 1985. Parking facilities as identified herein shall be maintained and improved to assure public access to beaches and shorelines.
7-9.3 Limited access to the shoreline will be improved to increase public use and provide more recreational opportunities while upholding the rural, or "small town" character of the area. Actions to implement this policy may include, but are not limited to, the identification of existing or potential access points, the types of improvements needed and costs thereof, and priorities.
7-9.4 The City Commissioners will seek to increase public access opportunities at locations owned or controlled by Cedar Key.
7-9.5 Private development along the shoreline shall provide for public access to that shoreline. An easement for public access shall be a condition of any coastal construction permit providing it advances the public interest and does not deny the owner economically viable use of the land.
7-9.6 The City Commissioners will seek increased user-oriented facilities on lands owned or managed by other political jurisdictions (e.g. government-owned islands), where such lands offer a potential for increased public access. Any such uses shall be compatible with and shall not specifically or cumulatively degrade the natural functions of the land or surrounding marine resources and shall be consistent with the management plans of other agencies.
7-9.7 The City shall identify potential funding sources and then seek public acquisition of shoreline areas that would provide additional high quality public access. The following sites shall be given priority: Cemetery Point site, the old railroad trestle, and the original public beach site. (Ord. 345)
OBJECTIVE 7-10 Ref: 9J-5.012(3)(b)10
By 1990, LDRs shall be consistent with the Historic Preservation Element of this plan.
POLICIES:
7-10.1 Threshold criteria and performance standards for proposed development within the vicinity of archaeological and historical sites will be prepared and considered for adoption, as the means of assuring that such sites and artifacts are not destroyed. As considered appropriate and necessary by the City Commission, development approval may be conditioned upon performance of at least some degree of archaeological salvage excavation of historical resources, or may even require preservation of major sites.
7-10.2 Known archaeological and historical sites within proposed development should be incorporated, wherever practicable, into "greenbelt," open space, or other low-intensity uses that will protect the physical and informational integrity of these resources.
OBJECTIVE 7-11 Ref: 9J-5.012(3)(b)11
Concurrent with plan adoption, established LOS standards shall be utilized to determine the impact of proposed development. Every permit or development order shall specify the current and remaining LOS capacity available after a permit or development order is approved. By 1990, LDRs shall be used to limit or provide for the phasing of development consistent with adopted LOS standards and remaining capacity. Current LOS standards are:
Traffic Circulation
LOS: "C" Minor Arterial (SR 24) 7500 vehicles per 24-hour period capacity level.
LOS: "C" Local Roads
Sanitary Sewer
LOS: 89 gpcpd ADF
183 gpcpd PF
Potable Water
LOS: 200 gpcpd
Drainage: As specified in Policy 3D-2.1
LOS: Drainage Sub-Element
Solid Waste
LOS: 7.5 pounds pcpd decreasing to 5.25 by 2000
Recreation & Open Space
LOS: DEP Standards,
Tables 6-1 through 6-5, Outdoor Recreation in Florida - 1989. (Ord. 345)
POLICIES:
7-11.1 A hurricane evacuation time of 8 hours shall be considered an additional LOS standard and the specific and cumulative impacts of development on evacuation time shall be considered before issuing development permits. Fifty percent of Functional Population shall be the base criteria for estimate vehicle evacuation needs.
7-11.2 Areas of service shall be limited to existing infrastructure locations in terms of city investments. Private sector locations are not limited to any particular area; however, incentives will be developed to encourage development outside the "V-Zone."
7-11.3 Commercial fishing access is a top priority.
7-11-4 The city will locate and design marinas and commercial and sport fishing facilities where provisions for accessibility, use and expansion are adequate and do not serve to degrade the surrounding ecosystems. Existing facilities shall have priority for expansion and correction of deficiencies when economically feasible.
7-11-5 City ordinances will designate the appropriate locations and performance standards for water-related commercial and recreational facilities, to include but not be limited to, setbacks and lot coverage.
7-11.6 Where possible, pleasure facilities shall be located in areas where maximum physical advantages exist and where less dredging and filling will be required.
7-11.7 Extended facility construction shall avoid unnecessary destruction of marsh areas, shellfish beds and submerged grasses and shall conform to Policy 4-3.4C of the Conservation Element.
OBJECTIVE 7-12 Ref:
The city shall continue, on an on-going basis, to preserve, protect and further enhance the scenic beauty and contributive amenities exemplified by Cedar Key.
POLICIES:
7-12.1 To conserve natural landscape, the cluster development or Planned Unit Development (PUD) is advantageous. Such development could be used to preserve open space, and PUD ordinances will be prepared by the City Commissioners and will be considered for adoption by the Commission as a tool to preserve open space and coastal resources.
7-12.2 The placing of public utilities and public service connectors underground has definite aesthetic benefits and will be encouraged if economically practical.
7-12.2.a Utility and transportation service corridor analysis in undeveloped areas shall consider suitability of adjacent lands or urbanization where possible, with routing being designed to influence growth into favorable areas and away from ecologically sensitive areas.
7-12.2.b Energy-related facilities such as power plants, solar collectors, and nuclear power sources, shall not disrupt environmental areas existing in Cedar Key and should minimize the installation of transmission or reception lines or warm water discharge which may impact existing aquatic systems.
7-12.3 In order to maintain a stable natural environment, the city shall coordinate with the county and the CKSWSD to provide public facilities (such as the extension of sewer lines as money becomes available, to areas utilizing septic tanks) to environmentally sensitive areas within Cedar Key. These services shall be provided in a manner that avoids deleterious impacts such as pollution from runoff, high maintenance costs for city government and long-term destruction or loss of natural resources.
7-12.3.a The City Commissioners, in cooperation with the CKSWSD and other appropriate agencies, will meet needs for pipelines, transportation and utilities, while minimizing adverse social and environmental impacts associated with providing these services.
7-13 Ref: By 1990 or by the time this plan is adopted, recognize the unique environmental characteristics of Cedar Key.
7-13.1 Subdivision regulations and controls on projected growth will be evaluated objectively and adopted to assist in maintaining the small town character of the area.
7-13.1.a The City Commissioners will support the preservation, continued maintenance and continued acquisition of park and recreational lands.
7-13.2 The indiscriminate use of off-premise commercial advertising signs and billboards, which create a negative aesthetic effect, will be prevented through the modification of the appropriate ordinance.
7-13.3 The city will minimize con |
