HomeMy WebLinkAboutAdditional Items CITY COUNCIL MEETING TYPE / DATE : SEN DIE / 11 - 17 - 2015
Page 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 of 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
Administrative/Financial Services Director John DeLeo X
Community Dev. Director David Dickey X
Economic Dev. Director Todd Morley X
Leisure Services Director Gustavo Vergara X
Public Works Services Director Joyce Muse X
Public Works Services Deputy Director Jeff Ratliff X
Brevard County Sheriff Major Paul Ring X
Brevard County Sheriff Lieutenant Linda Moros NO
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant X
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham X
CITY COUNCIL MEETING TYPE / DATE : SIEN DIE / 11 - 17 - 2015
Page 2 of 2
Name #1 #2 #3 #4 #5 #6 #7
Council Member Bond 4 4 4 4
Mayor Pro Tern Hoog 4 4 4 4
Council Member Petsos 4 4 4 4
Mayor Randels 4 4 4 4
Council Member Walsh 4 4 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 #15 #16 #17 #18 #19 #20 #21
Council Member Bond
Mayor Pro Tern Hoog
Council Member Petsos
Mayor Randels
Council Member Walsh
CITY COUNCIL MEETING TYPE / DATE : REGULAR 11 / 17 / 2015 Page 11012
Roll Call:
Council Member Bond Present X Absent or arrived at
Council Member Brown Present X Absent or arrived at
Council Member Hoog Present X Absent or arrived at
Council Member McMillin 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
Administrative/Financial Services Director John DeLeo X
Community Dev. Director David Dickey X
Economic Dev. Director Todd Morley X
Leisure Services Director Gustavo Vergara X
Public Works Services Director Joyce Muse X
Public Works Services Deputy Director Jeff Ratliff X
Brevard County Sheriff Major Paul Ring X
Brevard County Sheriff Lieutenant Linda Moros NO
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant X
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham NO
CITY COUNCIL MEETING TYPE/DATE : REGULAR 11/17/2015 Page 2 of 2
Name Selection of #6 #7 #8 |
Mayor Pro
Tern
Council Member Bond 4 4 4 4 4
Council Member Brown 4 4 4 4 4
Mayor Hoog 4 4 4 4 4
Council Member McMillin 4 4 4 4 4
Mayor Pro Tem Walsh 4 4 4 4 4
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 11/19/2015
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
Florida [illegible] Choice Endorse
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I WISH TO SPEAK ON AGENDA ITEM #:
NAME: Ray Osborne
ADDRESS: 209 Holman Rd
PHONE: 321-243-8097
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CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 11-17-15
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
Space-man Storage
OR
I WISH TO SPEAK ON AGENDA ITEM #:
NAME: John Benton
ADDRESS: 420 Tyler Av. #3
PHONE: 427-5888
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2. Proceed to the podium when your name is called.
3. You will have 3 MINUTES to speak before the City Council.
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CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 11/17/15
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PUBLIC PARTICIPATION REGARDING:
Gas Station Ordinance
OR
I WISH TO SPEAK ON AGENDA ITEM#:
NAME: Tom Hermonsen
ADDRESS: 3030 Wave Crest Dr, CB
PHONE: 941-587-2808
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CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE:
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
Ordinance 11-2015
OR
I WISH TO SPEAK ON AGENDA ITEM #:
NAME: Cole Oliver ?
ADDRESS: 516 Dellancy Ave, Cocoa
PHONE: 258-6520
EMAIL: coliver@[illegible]
INSTRUCTIONS
1. Please complete this Card and give it to the City Clerk or other Official/
Staff Member.
2. Proceed to the podium when your name is called.
3. You will have 3 MINUTES to speak before the City Council.
4. All statements are to be directed to the Mayor, Mayor Pro Tern or Meeting
Chair.
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 11-17-15
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
[illegible]
OR
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NAME: Shanne [illegible]
ADDRESS:
PHONE:
EMAIL:
INSTRUCTIONS
1. Please complete this Card and give it to the City Clerk or other Official/
Staff Member.
2. Proceed to the podium when your name is called.
3. You will have 3 MINUTES to speak before the City Council.
4. All statements are to be directed to the Mayor, Mayor Pro Tern or Meeting
Chair.
CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
SPEAKER CARD
PLEASE PRINT
DATE: 11-17-15
I WISH TO SPEAK UNDER
PUBLIC PARTICIPATION REGARDING:
11-2015
OR
I WISH TO SPEAK ON AGENDA ITEM#:
11-2015
NAME: Robert Carney
ADDRESS: 340 Chandler St.
PHONE: 784-6491
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INSTRUCTIONS
1. Please complete this Card and give it to the City Clerk or other Official/
Staff Member.
2. Proceed to the podium when your name is called.
3. You will have 3 MINUTES to speak before the City Council.
4. All statements are to be directed to the Mayor, Mayor Pro Tem or Meeting
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As presented
11/17/15
City of Cape Canaveral
Community Development
November 16, 2015
TO: Honorable Mayor and City Council
[illegible]
David L. Greene,City Manager
FROM: David Dickey,Community Development Director [signature]
DATE: November 16, 2016
RE: Supplemental Information for Agenda Item#1 (Sine Die Meeting)
Staff is aware of concern over the proposed automotive service station ordinance scheduled to be
considered by the City Council on Tuesday, November 17th. Even though the ordinance would only
allow a new station in the M-1 zoning district, there is concern regarding the allowance of any
additional service stations in the City.
If the Council wishes to address this concern and those previously expressed during the election, a
simple revision can be made to the current language. This would entail the revision of the separation
requirement between stations from 2000 feet to 2500 feet. Once revised,a"new"station would only
be allowed if one of the existing stations closed.
This approach would not require the ordinance to be re-advertised and would result in a more legally
defensible position according to the City Attorney's Office. If Council decides to further discuss this
at Tuesday's meeting,Staff is prepared to distribute proposed language for consideration.
In addition, it has been brought to staff's attention that Sec. 110-352(12) g. of the proposed ordinance
needs to be revised to include items for sale that are available in a modem service station. The current
language is dated and more focused on a service/repair facility. Language has been prepared for the
Council's consideration and will be available at Tuesday's meeting.
Should there be any questions,please advise. Thank you.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone(321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
ORDINANCE NO. 11-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
AMENDING SECTIONS 110-334, 110-352 AND 110-381 OF THE
CITY CODE REGARDING AUTOMOTIVE SERVICE STATIONS;
PERMITTING AUTOMOTIVE SERVICE STATIONS IN THE M-1
ZONING DISTRICT; PROHIBITING AUTOMOTIVE SERVICE
STATIONS IN THE C-1 AND C-2 ZONING DISTRICTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City of Cape Canaveral is a City encompassing approximately 1.9 square
miles and is surrounded on the East by the Atlantic Ocean and on the West by the Banana River
Aquatic Preserve; and
WHEREAS, due to the compact geographical area comprising the City limits, multiple
land uses are co-located which would in larger areas be set further apart; and
WHEREAS, due to the location of residential neighborhoods throughout the City, careful
planning as to the location of certain non-residential uses is desirable to protect both the non-
residential use as well as the residential character of the neighborhoods and residential uses within
the City; and
WHEREAS, the City Council of the City of Cape Canaveral finds that due to the natural
incompatibility between gas filling stations and residences due to the noise, odors, and substantial
traffic generation caused by the filling station use, that it is appropriate to put in place certain
protections which will protect and preserve the residential character of any property zoned
residential but abutting a filling station; and
WHEREAS, the City Council finds that limiting the number of fueling stations at any
filling station facility in the City, due to the close proximity of residential uses to any such
proposed filling station facility would further the City of Cape Canaveral's Comprehensive Plan
Future Land Use Goal LU-1 which provides that the overall goal for the City is to ensure the
proper relationship among residential, commercial, industrial, recreational and other activities in
order to ensure general compatibility among the land uses; and
WHEREAS, the City Council further finds that the proposed amendments are consistent
with the City of Cape Canaveral's Comprehensive Plan Future Land Use Objective LU-1.3, which
provides that the City will work toward the elimination or reduction of uses inconsistent with the
community's character and future land uses, and with Policy LU-1.3.2 which provides that the City
will require new development to be compatible with adjacent land uses; and
City of Cape Canaveral
Ordinance No. 11 -2015
Page 1 of 8
WHEREAS, the City Council has determined that the current regulations regarding the
location of gasoline pumps and storage facilities are in need of modification and revisions related
to their location within the City, number and location in proximity to certain other uses; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at
a duly noticed public hearing held on October 7, 2015, and said Board has recommended approval
of the amendments to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 110, Article VII. Chapter 110, Article VII, Zoning, of
the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (***)
indicate a deletion from this Ordinance of text existing in Chapter 110, Article VII. It is intended
that the text in Chapter 110, Article VII denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 110 Zoning
* * *
Sec. 110-334. Special exceptions permissible by board of adjustment.
* * *
(3) Automotive service stations that were lawfully approved and permitted by the City
pursuant to a special exception prior to the effective date of Ord. No. 11-2015
[November 17, 20151 shall be considered a lawful, conforming use subject to all
applicable conditions and requirements imposed by the City when said use was
previously permitted.
In addition, such automotive service stations may be modified to allow no more than ten
(10) fueling stations (where one vehicle can be accommodated for refueling) within any
one filling station property or location, whether said filling station is located on one lot or
comprises more than one lot. An automotive service station may be modified to allow up
to sixteen (16) fueling stations on a single lot of at least one acre with at least two-
hundred and seventy-five feet of single street frontage.
City of Cape Canaveral
Ordinance No. 11 -2015
Page 2 of 8
Any request for a modification to such special exception is subject to Chapter 110,
Article II Division 4, City Code, and all other applicable provisions of the City Code.
City of Cape Canaveral
Ordinance No. 11 -2015
Page 3 of 8
* * *
Sec. 110-352. Principal uses and structures.
* * *
(12) Automotive services stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump island, but in no case shall a lot have less than 100 feet of
street frontage.
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. No main accessory building, and no gasoline pump shall be located within 25
feet of the lot line of a property that is residentially zoned. A finished
concrete wall of at least 8 feet in height shall be provided along any property
line abutting a residential district or residential use.
City of Cape Canaveral
Ordinance No. 11 -2015
Page 4 of 8
g. Primary services and sales permissible include fueling stations and electric
charging stations, and include only the following accessory uses:
1. Tire servicing and repair, but not recapping.
2. Car wash services.
3. Oil changes and other engine lubrication.
4. Sale of convenience goods for service station customers.
5. Restroom facilities.
6. Accessory fast food services without a drive-through.
7. 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. A minimum distance of 2,500 feet by shortest airline measurement shall be
maintained between the nearest point of a lot or lots used for filling stations or
automotive stations.
r. Lighting on a service station shall be so designed and installed so as to prevent
glare or excessive light on adjacent property. No source of illumination shall
be allowed if such source of illumination would be visible from a
residentially-zoned district to the extent that it interferes with the residential
use of that area.
City of Cape Canaveral
Ordinance No. 11 -2015
Page 5 of 8
s. No gasoline pump shall be located within 25 feet of a street right-of-way line.
t. There shall be no more than ten (10) fueling positions (where one vehicle can
be accommodated for refueling) within any one filling station property or
location, whether said filling station is located on one lot or comprises more
than one lot. However, up to sixteen (16) fueling stations may be permitted
on a single lot of at least one acre with at least two-hundred and seventy-five
feet of single street frontage.
* * *
Sec. 110-381. Principal uses and structures.
* * *
(11) Automotive service stations that were lawfully approved and permitted by the City
pursuant to a special exception prior to the effective date of Ord. No. 11-2015
(November 17, 20151 shall be considered a lawful, conforming use subject to all
applicable conditions and requirements imposed by the City when said use was
previously permitted.
In addition, such automotive service stations may be modified to allow no more than ten
110) fueling stations (where one vehicle can be accommodated for refueling) within any
one filling station property or location, whether said filling station is located on one lot or
comprises more than one lot. An automotive service station may be modified to allow up
to sixteen (16) fueling stations on a single lot of at least one acre with at least two-
hundred and seventy-five feet of single street frontage.
Any request for a modification to such special exception is subject to Chapter 110,
Article II Division 4, City Code, and all other applicable provisions of the City Code.
City of Cape Canaveral
Ordinance No. 11 -2015
Page 6 of 8
City of Cape Canaveral
Ordinance No. 11 -2015
Page 7 of 8
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 17`h day of
November, 2015.
Rocky Randels,Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk,MMC
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 11 -2015
Page 8 of 8
Cit of Cape Canaveral Gas Stations
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