HomeMy WebLinkAboutPresented by Council Member PetsosAs Presented by
Council Member Pestos
3/17/15
1 ORDINANCE 1559
2
3 AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD
4 COUNTY, FLORIDA, AMENDING THE COCOA BEACH CODE OF
5 ORDINANCES APPENDIX B, "LAND DEVELOPMENT CODE" BY
6 REVISING CHAPTER IV, "DESIGN STANDARDS," SECTION 4-71,
7 "GASOLINE PUMPS (FUEL DISPENSING FACILITIES} AND
8 STORAGE TANKS" TO INCREASE THE REQUIRED DISTANCE
9 BETWEEN GASOLINE PUMPS AND GASOLINE STORAGE
10 FACILITIES AND CHURCHES, HOSPITALS, AND SIMILAR PUBLIC
11 ASSEMBLY FACILITIES; CREATING STANDARDS FOR THE
12 NUMBER OF ALLOWABLE FUELING POSITIONS ON ANY ONE
13 PROPERTY (WHETHER ONE OR MORE LOTS} WHERE GASOLINE IS
14 SOLD; PROVIDING FOR INCORPORATION OF RECITALS,
15 SEVERABILITY, INTERPRETATION, REPEAL OF CONFLICTS AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City of Cocoa Beach is located on a small barrier island along the East central
19 Florida coast; and
20
21 WHEREAS, the corporate limits of the City of Cocoa Beach are such that the City comprises a
22 small area in width, with a longer area in length; being surrounded on the East by the Atlantic Ocean and
23 on the West by the Banana River Aquatic Preserve; and
24
25 WHEREAS, due to the compact geographical area comprising the City limits, multiple land uses
26 are co-located which would in other areas be set further apart; and
27
28 WHEREAS, due to the location of residential neighborhoods throughout the City, careful planning
29 as to the location of certain non-residential uses is desirable to protect both the non-residential use as
30 well as the residential character of the neighborhoods and residential uses within the City; and
31
32 WHEREAS, the City Commission of the City of Cocoa Beach finds that due to the natural
33 incompatibility between filling stations and residences due to the noise, odors, and substantial traffic
34 generation caused by the filling station use, that it is appropriate to put in place certain protections which
35 will protect and preserve the residential character of any property zoned residential but abutting a filling
36 station use; and
37
38 WHEREAS, the City Commission finds that limiting the number of fueling stations at any filling
39 station facility in the City, due to the close proximity of residential uses to any such proposed filling station
40 facility would further the City comprehensive plan policy I. 4. 3. which requires the City protect existing
41 residential uses from encroachment by incompatible commercial uses by limiting the vehicular traffic,
42 tanker truck traffic, noise and odors associated with larger filling station facilities; and
43
44 WHEREAS, the City Commission has determined that the current regulations regarding the
45 location of gasoline pumps and storage facilities are in need of modification and revis.ion related to their
46 number and location in proximity to certain other uses; and,
47
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l\mend Sec 4-71 Fuel Dispensing Facilities Storage.docx
48 WHEREAS, the Cocoa Beach Planning Board has reviewed these proposed amendments at a
49 duly noticed public hearing held on March 4, 2013 and continued to April 1, 2013, and said Board has
50 recommended adoption of the changes to the City Code; and,
51
52 WHEREAS, the City Commission held duly noticed public hearings on May 16, 2013, to consider
53 this amendment and has posted and provided public notice regarding this ordinance in accordance with
54 City Code and Florida Statutes; and,
55
56 WHEREAS, the City Commission and the Planning Board both find that the ordinance is
57 consistent with the general uses; and goals, objectives, and policies set forth in the Cocoa Beach
58 comprehensive plan, will be in compliance with the Cocoa Beach comprehensive plan, the Land
59 Development Regulations, the Code of Ordinances of Cocoa Beach, and any other applicable code or
60 regulation, and promotes the public health, safety, welfare, economic order and public interest.
61
62
63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
64 COCOA BEACH, FLORIDA:
65
66
67 SECTION ONE: The above recitals are true and correct and by this reference are hereby
68 incorporated herein and made an integral part hereof as though fully set forth herein.
69
70
71 SECTION TWO: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, "The
72 Land Development Code," Chapter IV, "Design Standards", Section 4-71 , "Gasoline pumps (fuel
73 dispensing facilities) and storage tanks" is hereby amended to read as follows:
74
75 Section 4-71 -Gasoline pumps (Fuel Dispensing Facilities) and Storage Tanks
76 A. Minimum setback for gasoline pumps ... aR6 gasoline storage tanks. buildings. vents.
77 pump islands. and pump island canopies shall be fifteen (15) feet from any lot line or
78 the building setback established for the district, whichever is greater, and all gasoline
79 tanks shall be installed underground, and shall conform to state regulations.
80 B. No gasoline pumps or gasoline storage tanks shall be erected within one hundred
81 fifty (150) two hundred (200) feet of the property line of any existing church, hospital,
82 public or church school or playground, or public assembly facility; provided, however,
83 that nothing herein shall prohibit the operation of existing gasoline and oil automotive
84 maintenance facilities or service stations, or the improvement, alteration or
85 reconstruction of any existing gasoline and oil automotive maintenance facilities or
86 service stations which were not nonconforming uses on June 9, 1960.
87 C. A minimum distance of fifteen hundred (1.500) feet by shortest airline measurement
88 shall also be maintained between the nearest point of a lot or lots used for filling
89 stations or automotive service stations.
90
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91
92 D. Buffer walls. Where lots to be used for automotive service stations or filling stations
93 abut on any property which is residentially zoned. there shall be a finished concrete
94 block wall with a cap. and opaque buffer meeting the requirements of a Type C buffer
95 or equivalent. The wall or buffer shall be six feet in height. except where the wall or
96 buffer extends to within 15 feet of a street line. Such wall or buffer shall not obstruct
97 visibility as described in this code. Such wall or buffer shall be continuous and
98 unpierced except that a wall along an alley line may have· a three foot opening which
99 is closed by a solid gate when not in use.
100 E. There shall be no more than six (6) fueling positions (where one vehicle can be
101 accommodated for refueling) within any one filling station property or location,
102 whether said filing station is located on one lot or comprises more than one lot.
103
104
105 SECTION THREE: INTERPRETATION. In interpreting the body of Section Two of this
106 Ordinance, the following rules of interpretation shall be utilized:
107 (1) Terms underlined are additions to existing text.
108 (2) Terms striskon through are deletions from existing text.
109
110
111 SECTION FOUR: SEVERABILITY. If any provisions of this Ordinance, or the application thereof
112 to any person or circumstances is held invalid, the invalidity shall not affect other provisions or
113 applications of the Ordinance which can be given effect without the invalid provision or application, and to
114 this end the provisions of this Ordinance are declared severable.
115
116
117 SECTION FIVE: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of
118 ordinances, and all resolutions and parts of resolution, in conflict herewith are hereby repealed to the
119 extent of such conflict.
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