HomeMy WebLinkAboutAdditional Items CITY COUNCIL MEETING TYPE / DATE : 3/17/2015 Regular City Council Page I 1 of 2
Name #1 [illegible] #2 #3 #4 #5 #6 #7
Council Member Bond S 4 M 4 M 4 4 4
Mayor Pro Tem Hoog 4 S 4 S 4 4 4
Council Member Petsos M 4 4 4 M 4 4
Mayor Randels 4 4 4 4 4
Council Member Walsh 4 4 4 S 4 4
Name #8 #9 #10 #11 #12 #13 #14
Council Member Bond
Mayor Pro Tem Hoog
Council Member Petsos
Mayor Randels
Council Member Walsh
Name Audit #16 #17 #18 #19 #20 #21
Council Member Bond
Mayor Pro Tem Hoog
Council Member Petsos
Mayor Randels
Council Member Walsh
CITY COUNCIL MEETING TYPE / DATE : Regular City Council 3/17/2015 Page I 1 of 2
Roll Call:
Council Member Bond Present X Absent or arrived at
Mayor Pro Tern Hoog Present X Absent or arrived at
Council Member Petsos Present X Absent or arrived at
Mayor Randels Present X Absent or arrived at
Council Member Walsh Present X Absent or arrived at
Others Possibly Present:
City Manager David L. Greene X
City Attorney Anthony Garganese X
Assistant City Attorney Kim Kopp NO
City Clerk Angela Apperson X
Finance Director John DeLeo X
Community & Economic Dev. Director Todd Morley X
Planning & Zoning Director David Dickey X
Building Official Michael German NO
Leisure Services Director Gustavo Vergara X
Public Works Services Director Jeff Ratliff X
Public Works Services Deputy Director Lonnie Dunn X
Brevard County Sheriff Major Paul Ring X
Brevard County Sheriff Lieutenant Linda Moros NO
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant NO
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham X
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 3/17/15
I WISH TO SPEAK UNDER
PUBLIC PARRTICIPATION REGARDING:
Cape Canaveral Infostroction
v.s. Port Canveral
OR
I WISH TO SPEAK ON AGENDA ITEM#:
NAME: Charles Spercel
ADDRESS: VFW 10131
PHONE: 105 Long Point Rd
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(321) 223-2684
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Cape [illegible]
-vs
Port Traffic
/Parking Lot
<Gas Station
\Rental Cars
Have Ocean
River
Property Values
stop @ [illegible]
[illegible]
not [illegible] [illegible] of
Life --
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 3/17/15
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
"Friendship Park"
OR
I WISH TO SPEAK ON AGENDA ITEM #:
NAME: Eva Errante
ADDRESS: 131 Tranquility Way HJ
PHONE: 321/784-5713
EMAIL: beneve@yahoo.com
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Chair.
no has station
-beach
-kayak
-canoe
manatee
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 3/17/15
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
Cand Planning
OR
I WISH TO SPEAK ON AGENDA ITEM #:
NAME: Eric Brage
ADDRESS: 141 Aquarius W
PHONE: 321 239 2911
EMAIL:EMAIL:
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Land Planning
Report - [illegible] [illegible]
Board of Adj.
[illegible] of
- Board of Adj.
-
-
-
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 3/17/15 Congrats on Tree City Friendship Park
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
Create a Park on the South
property of city
OR
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NAME: Suzanne S Elliott
ADDRESS: 141 - J Aquarius Way
PHONE: 321 960 1533
EMAIL: fitsuzanne@yahoo.com
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Friendship
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
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DATE: 3-17-2015
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING: Meeting with
city manager results
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NAME: John Benton
ADDRESS: 420 Tyler AV 3
PHONE: 427-5888
EMAIL:
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Chair.
-out of town
-see city map
-more to story
then told at mtg.
shard [illegible]
not happy
with Code Enf
Board -
cause of [illegible]
on [illegible]
As Presented
3/17/15
Daryl Max Forgey,AICP by Eric Braga
Forgey Planning Services
4637 Vincennes Blvd.; Ste. 1
Cape Coral, FL 33904
239.560.5864
max@zoningtehchnologies.com
DATE: February 25, 2015
TO: Cape Canaveral Board of Adjustment
CC: Dave Dickey, AICP; Planning Director
Eric Braga, President; Concerned Citizens of Cape Canaveral
Ralf Brookes, Esq.; Attorney
FROM: Max Forgey, AICP; Forgey Planning Services
ATTACHMENTS: (1) Comparison of Gas Stations In/Near Cape Canaveral; (2)Resume of
Daryl Max Forgey AICP
SUBJECT: SPECIAL EXCEPTION NO. 15-01 ATKINS NORTH AMERICA, INC. FOR
PROPERTY LOCATED AT 6455 NORTH ATLANTIC BLVD, CITY OF CAPE
CANAVERAL
Purpose of this report. In this report, Max Forgey, AICP, on behalf of CONCERNED
CITIZENS OF CAPE CANAVERAL, a 501(c)6 corporation, and Eric Braga, its President,
respectfully recommend denial of the requested application to allow a special exception to
operate an Automotive Service Station with 14 fuel pumps at 6455 North Atlantic Blvd., the
intersection of Highway AlA and Cape Shores Drive, on grounds that this proposed use is
inconsistent with the City of Cape Canaveral Comprehensive Plan and Land Development
Regulations. Specifically, Cape Canaveral's Land Development Regulations prohibit
service stations from locating within 2000 feet of another station per City Code §110-
334(c)(3)(q). Further,
1. The Cape Canaveral Comprehensive Plan provides no guidance for land use decision-
making beyond the now-expired planning horizon year 2010.
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2. The staff and the Planning and Zoning Board of City of Cape Canaveral has not
adequately considered the impact of the turnaround of tanker trucks on the narrow(two
lane, 28-foot width) right of way of Cape Shores Drive and its potential impact on public
safety and traffic flow to and from the Cape Shores residential development.
SPECIAL EXCEPTION NO. 15-01. The request before the Cape Canaveral Board of
Adjustment at their meeting on Thursday February 26, 2015 is for a special exception to allow an
Automotive Service Station on a+/-1.41 acre parcel, as regulated in Chapter 110 ("Zoning") of
the City's Land Development Regulations.
According to the City's un-paginated staff report, "the proposed building is located on a 1.41
acre parcel, which has frontage on N. Atlantic Boulevard and So. Cape Shores Drive" (6455 N.
Atlantic Blvd.) The applicant,Atkins North America, Inc./B&B Enterprises of Cape Canaveral,
LLC, proposes a development consisting of a 4,673 square foot retail convenience store
including seven fueling islands(14 fueling pumps) under a detached canopy. The property is
zoned C-1 (Low Density Commercial District.)
The Cape Canaveral Comprehensive Plan.
The following policies of the City of Cape Canaveral Comprehensive Plan are applicable to this
case:
Future Land Use Element
GOAL LU-1
The overall goal for the City of Cape Canaveral for future land use is to ensure the
proper relationship among residential, commercial, industrial, recreational and
other activities in order to maximize the efficient use of land, accessibility to the
circulation system and general compatibility among the land uses. The City adopts a
long-term planning horizon of ten years, 2010.
In my expert planning opinion, Sec. 163.3177(1), Florida Statutes, requires that the local
government comprehensive plan "shall establish meaningful and predictable standards for
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the use and development of land." Since the "long term planning horizon" of the Cape
Canaveral Comprehensive Plan expired five years ago, in 2010, the Cape Canaveral
Comprehensive Plan is inconsistent with Sec. 163.3177(5)(a) which provides as follows:
5)(a) Each local government comprehensive plan must include at least two planning
periods, one covering at least the first 5-year period occurring after the plan's adoption
and one covering at least a 10-year period. Additional planning periods for specific
components, elements, land use amendments, or projects shall be permissible and
accepted as part of the planning process.
The long-term planning horizon of the Cape Canaveral Comprehensive Plan has effectively
expired and the plan provides no meaningful and predictable long- or short-term
standards for the use and development of the subject property.
The City's staff report provides insufficient competent and substantial evidence that this
application, if approved as proposed, will ensure the proper relationship among residential,
commercial, industrial, recreational and other activities in order to maximize the efficient
use of land. Specifically, the staff report does not show that the intensive proposed land
use, which would add 14 motor fuels pumps and tanker truck traffic, as well as noise and
light pollution,will result in a proper relationship between commercial land uses and
activities and their neighboring residential uses.
Further, the proposed special exception is not consistent with the City of Cape Canaveral
Comprehensive Plan because it will promote an improper relationship between commercial
and residential lands because existing residents who access their residences via Cape Shores
Drive will be subjected to heightened commercial activity, bright lights, and noise for
nineteen hours a day. Their vehicular movement will be further impeded by the presence
of tanker trucks servicing the property. The efficiency of land fuse]will be exacerbated by
this approval which is in violation of the City's own 2000 foot separation standard
OBJECTIVE LU-1.1:
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The City shall coordinate future land uses with the appropriate topography, soil
conditions, and the availability of facilities and services. The measurement of this
Objective is the coordination of land uses with the above parameters and the degree to
which the following Policies are implemented:
POLICY LU-1.1.3:
The City shall require developers to provide for the following on-site
infrastructure improvements for their projects: drainage and stormwater
management, open space, safe and convenient traffic flow, and vehicle
parking.
POLICY LU-1.1.4:
The City shall apply its adopted level-of-service standards to a proposed
development before allowing the development to take place.
In my expert planning opinion, the proposed special exception is not consistent with
Objective LU-1.1 and Policies LU-1.1.3 and LU-1.1.4 of the City of Cape Canaveral
Comprehensive Plan because neither the staff report nor the Planning and Zoning
Board offered any finding of fact concerning the measurement of Objective LU-1.1
in the form of the coordination of the required parameters.
The City's staff report provides insufficient competent and substantial evidence that
this application, if approved as proposed,will ensure the proper relationship among
residential, commercial, industrial, recreational and other activities in order to
maximize the efficient use of land. Specifically, the staff report does not show that
the intensive proposed land use, which would add 14 motor fuels pumps and tanker
truck traffic, as well as noise and light pollution, will result in a proper relationship
between commercial land uses and activities and their neighboring residential uses.
Regarding Policy 1.1.3,the staff report does not indicate the extent to which
drainage and stormwater management and open space will be provided by the
4
applicant and provides insufficient competent and substantial evidence that safe and
convenient traffic flow"will be provided by the applicant.
Transportation Element
POLICY T-1.1.7
The City shall control access of driveways and roads to SR-A1A; techniques such as
the following will be considered: limiting the issuance of access and connection permits
to the minimum necessary to provide safe access; using shared access points; using
frontage roads; or locating access points to parcels with frontage along two or more
roadways on the roadway of lower functional classification.
POLICY T-1.1.9
The City shall work with the FDOT in the protection and management of S.R.-A1A.
Regarding Policies T-1.1.7 and T-1.1.9, City staff has not provided persuasive competent and
substantial evidence to refute the evidence presented by Ms. Lila Gilbert at the January 27, 2015
meeting of the City of Cape Canaveral Planning and Zoning Board demonstrating that the length
of fuel trucks (i.e. 74 feet) and the narrow width(28 feet)of the street providing access(Cape
Shores Drive)which service automotive service centers such as the one proposed in this case
will not impede traffic to and from the neighboring residential development. This development
as proposed will impede access to A1A and promote the deterioration of the protection and
management of A1A.
City of Cape Canaveral Land Development Regulations.
Sec. 110-1 "Definitions," contains these definitions which are relevant to this case:
Service station means a building and premises where petroleum products are supplied at
retail, as a primary use, and where, in addition, services may be rendered and sales made
as specified by this chapter.
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Special exception means a use that would not be appropriate generally or without
restriction throughout the zoning division or district but which, if controlled as to
number, area, location or relation to the neighborhood, would promote the public
health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity
or general welfare. Such uses as may be permitted by the board of adjustment are
identified for each zoning district as special exceptions.
By declaring"Service station" a Special Exception Use, the City Council of the City of Cape
Canaveral has indicated that this use is not appropriate at all times in all places, but requires a
higher level of scrutiny than the permitted uses in this C-1 zoning category, and that the siting of
such a use should specifically consider the factors of"number, area, location or relation to the
neighborhood, would promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare."
Sec. 110-2 states the duties of the Board of Adjustment in this case:
Sec. 110-2. -Board of adjustment.
(a) A board of adjustment is established and shall consist of seven members.
(b) The board of adjustment shall have the powers and duties to consider
applications for special exceptions, variances, and administrative appeals under
this chapter.
***
(Ord. No. 11-2005, §2, 6-21-05; Ord. No. 07-2007, §2, 12-4-07; Ord. No. 13-
2011, § 6, 12-20-11)
The Cape Canaveral Board of Adjustment is specifically charged with considering (i.e. granting
or denying) special exceptions, including this one.
Sec. 110-311 (C-1 Low Density Commercial District) states the intent of this district and Sec.
110-32 states the permitted uses:
Sec. 110-331. - Intent; applicability.
The requirements for the C-1 low density commercial district are intended to apply to an
area adjacent to major arterial streets and convenient to major residential areas. The types
6
of uses permitted are intended to serve the consumer needs of nearby residential
neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other
restrictions are intended to reduce conflict with adjacent residential uses and to minimize
the interruption of traffic along thoroughfares.
The provisions of this division shall apply to all property designated as C-1 low density
commercial on the city's official zoning map. Further, those properties zoned C-1 that are
located within the boundaries of the A1A Economic Opportunity Overlay District,
established pursuant to article X of this chapter, shall be subject to the guidelines and
standards of that article.
(Code 1981, § 637.45; Ord No. 01-2007, §3, 2-20-07; Ord No. 11-2012, §4, 7-17-
12)
Sec. 110-332 ("Principal Uses and Structures") catalogues the allowable uses in the C-1 zone,
including"(a)Retail Stores, sales and display rooms."
Recommended findings: Four important findings may be made from Secs. 110-331 and 110-332:
(1) It is the clear intent of the Cape Canaveral City Council in adopting Secs.110-331 and
110-332 of the Land Development Regulations that"[t]he types of uses permitted are
intended to serve the consumer needs of nearby residential neighborhoods, as
well as the commercial needs of the motorist." While A1A is a Federal highway with
a high volume of traffic, the intent of this zoning category is principally to serve the
needs of the residential neighborhood. This application, if approved, will not lead to
an appreciable improvement in service to the commercial needs of motorists who
are already abundantly well served by existing facilities.
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(2) The Cape Canaveral City Council, in delegating the authority to grant special
exceptions to the Board of Adjustment, charged that body with evaluating the
proposed development according to criteria articulated in Sec. 110-1, i.e. "number,
area, location or relation to the neighborhood, [and whether the proposed
development] would promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity or general welfare." The Board of
Adjustment is authorized to regulate siting based upon"[1]ot size and other
restrictions" and may take the number of nearby service stations into consideration.
This application, if approved as proposed, would be the eighth service station located
within City limits—roughly one per 1239 population, and 3.5 stations per square
mile. By contrast,the City of Cape Coral on Florida's west coast, has 40 service
stations for a population of 154,305 on a land mass of 110 square miles. Cape
Canaveral, when compared with other communities, has a superabundance of service
stations and will not benefit from more. The Board of Adjustments is also charged
with considering "location or relation to the neighborhood." In this case, the
adjacent neighborhood will clearly be inconvenienced by the automobile and fuel
truck traffic that will be brought nearly to the entrance to their residential
development.
(3) The Board of Adjustment, in approving or denying this application, is charged with
minimizing traffic along the A1A corridor. This development will in no way
minimize traffic.
(4) The principal use of"Retail store" is authorized by the Cape Canaveral Land
Development Regulations. The applicant therefore has a well-established land use
entitlement on this property.
Sec. 110-334 ("Special exceptions permissible by board of adjustment") catalogues the types of
land uses which the Board of Adjustment may authorize and the conditions under which they
may be granted:
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(a) In the C-1 low density commercial district, after public notice and hearing, the board of
adjustment may permit special exceptions which are compatible to permitted uses and
which are able to meet the minimum requirements and performance standards as set forth
in this zoning district.
(b) The board of adjustment may adjust setbacks and provisions noted in article IX of this
chapter as necessary and appropriate in granting special exceptions.
(c) Special exceptions may be permitted for the following:
***
(3) Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump island.
b. Underground storage is required for all receptacles for combustible
materials in excess of 55 gallons. Such storage shall comply with all
Environmental Protection Agency standards.
c. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493
e. No service stations shall be erected or located within 150 feet of the
property line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of section 110-566, shall be
provided along any property line abutting a residential district or
residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts,
vehicle wiring and the like.
2. Exhaust system components, engine cooling components,
automotive air conditioning system components, braking system
components, vehicle lighting system components, radios, steering
assembly parts, fuel system components and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related materials.
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5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar
convenience goods for service station customers.
7. Road maps, informational materials, restroom facilities.
8. Truck and trailer rentals.
h. Vehicles shall not be parked outside the building for more than four days,
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated.
i. Uses permissible at a service station do not include body work,
straightening of body parts, painting, welding(other than minor repairs),
storage of automobiles not in operating condition or other work involving
noise, glare, fumes, smoke or other characteristics to an extent greater than
normally found in service stations. A service station is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside the
service bays.
m. A minimum of two enclosed service bays and a customer waiting area
must be provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants(grass, weeds, etc.) shall be allowed to grow through cracks or
joints in the pavement.
p. Landscaping shall conform to section 110-566
q. Service stations shall not be erected or located within 2,000 feet of the
property line of another service station.
Recommended finding: The Board of Adjustment finds that this application does not satisfy the
requirements of Sec. 110-334(c)(3) q and is denied outright for that reason. The Board of
Adjustment has no discretionary authority to approve this application as proposed. Specifically,
the proposed station is less than 900 feet from the 7-11 located at 6770 North Atlantic
Avenue.
10
Sec. 110-39, which is excerpted below, sets forth the procedure for granting special exceptions in
the City of Cape Canaveral:
Sec. 110-39. - Procedure.
(a) The planning and zoning board shall be required to review all special exception
applications and make a written recommendation to the board of adjustment.
Such recommendation shall include the reasons for the board's
recommendation and show the board has considered the applicable special
exception criteria set forth in this section.
(b) Upon receipt of the planning and zoning board's recommendation, the board of
adjustment shall make a final decision on the application. ***
(c) All special exception recommendations and final decisions shall be based on the
following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception, including its
proposed scale and intensity,traffic-generating characteristics, and offsite
impacts, is compatible and harmonious with adjacent land uses, and will
not adversely impact land use activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation, and the design enhancements to
be adequate to accommodate the proposed scale and intensity of the
special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping, open
space, off-street parking, and other similar site plan improvements needed to
mitigate against potential adverse impacts of the proposed special exception.
(3) Whether the proposed special exception will have an adverse impact on the
local economy, including governmental fiscal impact, employment, and
property values.
(4) Whether the proposed special exception will have an adverse impact on the
natural environment, including air,water, and noise pollution, vegetation
and wildlife, open space, noxious and desirable vegetation, and flood hazards.
(5) Whether the proposed special exception will have an adverse impact on
historic, scenic, and cultural resources, including views and vistas, and loss
or degradation of cultural and historic resources.
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(6)
(7) ***
(Ord. No. 11-2005, § 2, 6-21-05)
Recommended findings:
1. The Board of Adjustment, based upon competent and substantial testimony from expert
witnesses and testimony from neighboring property owners and other knowledgeable
persons familiar with the subject property and its environs, finds that the proposed scale
and intensity,traffic-generating characteristics, and offsite impacts of the
application, as proposed, is incompatible and inharmonious with adjacent land uses,
and will adversely impact land use activities in the immediate vicinity as articulated in
Sec. 110-39(c)1.
2. The Board of Adjustment, based upon competent and substantial testimony from expert
witnesses and testimony from neighboring property owners and other knowledgeable
persons familiar with the subject property and its environs, finds that the proposed
development, if approved, would impose an adverse impact on the natural
environment, and specifically would result in the destruction of a stand of marine
hammock habitat.
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