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HomeMy WebLinkAboutP & Z Board Packet: 09-13-2006City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE SEPTEMBER 13, 2006 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: August 23, 2006. Review and Recommendation to City Council Re: Final Replat of Beachside a ownhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. 3. V / Review and Recommendation to City Council Re: Proposed Ordinance b00t, Repealing Storage of Liquefied Petroleum Products - Section 110-354 (c) (6) of i)7 the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. t"X Review and Recommenaalion o Rey- opo3ed Ordinance 'o4��„J� Clarifying Non -Conforming Uses and Structures - Section 191-201 of the Cape c `ter Canaveral Code of Ordinances - Anthony Garganese, City Attorney. 5.- Discussion Re: Chapter 2006-88, Amending Florida Statute 166.033 - Writt Q Q. �yti� Notice Requirements for Denial of a Development Permit - Anthony Garg City Attorney. c� cn �aQ�ti ADJOURN } Taa u it ui (fly( j 'i 111015 Pursuant to Section 286.1015, F.S., the City hereby advises the publi that: If a pdson decides to appeal any decision made by the Planning and Zoning Board with respect to any matte rendered at this meeting, that person will need a record of the proceedings, and for such purpos that person may need to ensure that a verbatim record of the proceedings is made, which recor includes the testimony and evidence upon which the appeal is to be based. This notice does n constitute consent by the City for the introduction or admission into evidence of otherwi inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwis allowed by law. This meeting may include the attendance of one or more members of the Cap Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearanc Board who may or may not participate in Board discussions held at this public meeting. Person with disabilities needing assistance to participate in any of these proceedings should contact th City Clerk's office at 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES AUGUST 23, 2006 A Regular Meeting of the Planning & Zoning Board was held on August 23, 2006, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Rocky Randels Robert Hoog Todd Morley Jeffrey Ratliff David Sargeant Thomas Young Secretary City Planner City Attorney Mayor Mayor Pro Tem Building Official Public Works Fire Chief Sheriff's Department Di% Psi John Johanson declared a conflict of interest on the last two agenda items. Chairperson McNeely advised the audience of the rules of the meeting. She announced that the meeting will adjourn no later than 10:00 p.m. NEW BUSINESS: 1. Approval of Meeting Minutes: July 12, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of July 12, 2006. Vote on the motion carried unanimously. 2. Discussion Re: Storage of Liquefied Petroleum Products. Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda item was a result of an application submitted for an expansion of an existing use allowed under City code Section 10-354 (C) (6). He advised that buffering and setbacks are considered in reviewing this type of request. He noted that fire districts and liquid petroleum products are not defined in the City code. Anthony Garganese, City Attorney, explained that this agenda item is an open discussion. He advised that it was within the Board's purview to make recommendations regarding the zoning code to City Council. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 2 Todd Morley, Building Official, reminded the Board that the City Council asked the Board to consider changing the code. He advised that there was currently no application. He suggested that the Board may want to explore adding a definition of liquefied petroleum products. Chief David Sargeant, CCVFD, advised that the City should clarify and define liquefied petroleum products, which he noted are propane and butane as stated in the City code. He noted that if the City so desires to create a fire district, then buffer zones will need to be established that are not covered by the National Fire Protection Association (NFPA) when it comes to distances. He explained that the fire codes work with the zoning and building codes. He advised that the definitions needed to be clarified. He explained that a liquefied petroleum product is made into liquid only when under pressure, it is not gasoline, diesel, or asphalt and that is what is being stored. He recalled that back in 1991 there were no condominiums abutting this property. He noted that this community has changed since the tank farm was constructed, and the population has increased. He commented that the publics concerns should be addressed. He reported that there are currently security plans in place from the Brevard County's Sheriffs office and there are plans in place from the Canaveral Fire department. He reviewed the existing plans for evacuation. He explained that tanks typically burn for long periods of time and they can release toxic and noxious fumes. He noted that tanks do not typically explode, they are vented, and every tank out there is currently protected with a foam system with the exception of the asphalt tank. He commented that terrorists can attack any where at any time. He questioned if the City wants to add more hazard to this community. He commented that adding gasoline or diesel is a hazard or it would not be regulated by a code. Lt. Thomas Young, Sheriff's Office Representative, advised that Coastal Fuels has gone over and above what is required and is moving forward with added security measures. He noted that safety issues can always be improved. Jeffrey Ratliff, Public Works Representative, advised that there is soil and ground water contamination at the site, the latest sampling revealed that it is contained on the site. He explained that a remedial action plan has been approved by Brevard County and the County is expecting the remediation to begin within a year. Lamar Russell, Vice Chairperson, advised that he was on the Board in 1991, when the Board created the language in the code. He noted that at that time the Board was advised by the Building Official that LP products were being stored on the site, however the Board knew they were liquid. The Board was also advised in 1991 that a fire district was established and defined at that time. He stated that these issues will be addressed, in the future, if they need to be. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 3 Ruth Anders, representative and resident of Solana Lakes, advised that the City received 439 petitions from residents against the special exception. She asked the Board to consider recommending an immediate moratorium. John Bond, representative and resident of Solana Lakes, requested that any type of liquefied petroleum product storage be eliminated. He spoke of adverse impacts to the citizens and requested the Board recommend an immediate moratorium. Mr. Bond read the City's Mission Statement. Mark Morrison, representative and resident of Solana Lakes, spoke of security concerns. He advised that any proposal to add more capacity has the potential to adversely affect the City. He explained that Coastal Fuels threats and security problems came into existence before terrorism changed the world on 911. He advised that no mitigation exists to remove the inherent threats of the tank farm's physical layout. Mr. Morrison gave an overview of his expert credentials. He showed a slide of the physical layout of the Coastal Fuels take farm which he explained showed inadequate security from a deliberate terrorist attack. He showed another slide showing a diagram of the tank farm's most dangerous vulnerabilities and access points. He explained that adjacent to George King Boulevard on the tank farm's north side, there are no adequate standoff space exists between live pipelines and active storage tanks to prevent a penetration. He showed other slides of photographs he took on July 4th from outside the facility, and highlighted various security concerns. In closing, Mr. Morrison commented that the facility was built to minimize cost, not to maximize security. He further commented that times have changed, and the City cannot afford to put security second to any other consideration. Rick Evans, representative and resident of Solana Lakes, spoke of fire safety issues. Mr. Evans gave an overview of his expert credentials. He advised that Florida Statute, Section 187.201, requires the City to protect lives and property by preventing activities which could cause natural and manmade disasters. He pointed -out that Section 38.4 of the City code applies prohibitions to gasoline storage in residential areas of the City. He read the definition of a special exception which states that "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". Mr. Evans showed slides of various tank farm fires. He pointed -out that each of the facilities at the time of the fire was determined to be in compliance with state and federal requirements. He commented that regulations avoid controllable risks, but some risks are not controllable. In closing, Mr. Evans stated that fire and explosion are devastating, fire and explosion are possible, and a sufficient boundary of safety must exist. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 4 Mary Ann Brokus, representative and resident of Solana Lakes, read a speech for Gail Duncan, another resident of Solana Lakes, regarding aesthetics. Ms. Brokus gave an overview of Mrs. Duncan's expert credentials. She advised that their homes have a buffer of approximately 800 feet from the existing tanks. If the current special exception allowing liquefied petroleum tanks in the M-1 zoning district is allowed to continue, the likely placement of tanks would be even closer and would change everything about their quiet, peaceful, and view of the property. She commented that what was now a group of neighborhoods with a predominant high value of between $300K and $700K would become property blighted with external obsolescence, which would dramatically affect the current value. She advised that according to a local property appraiser, there is no place where fuel tanks are next to residential properties in the entire county of Brevard, and probably the whole state. She pointed -out that Section 110-39 of the City code, says that it must be considered whether a special exception would have an adverse impact on views and vistas, prices, neighborhood quality, traffic -generating characteristics, compatibility, and harmony with adjacent land uses. Additionally, it further states that a special exception should not adversely impact land use activities in the immediate vicinity. She then gave examples of numerous negative impacts. She advised that the present tank farm was first built in the early 1950's, before there was any residential development there. She explained that in 1990, two additional tanks were approved by special exception. At that time, there were approximately 100 acres of vacant land to the east, south, and north of the property. Ms. Brokus showed a schematic of Coastal Fuels and surrounding existing properties and gave examples of how Coastal Fuels was negatively impacting the residential properties. In closing, she asked that the City maintain the integrity of the neighborhood and your constituents' property values by repealing the special exception for M-1 zoning. She voiced the concern that more tanks would not fit in with the profile of a residential, resort neighborhood and would constitute an illogical and incompatible adjacency. Evelyn "Annie" Tennenbaum, representative and resident of Solana Lakes, spoke regarding environmental concerns. She spoke as a concerned resident who has a strong interest in her community. She advised that for many years she taught in an area in New York where a statistically significant number of children suffer from asthma, and one of her co-workers died from emphysema which she did not believe that this was a coincidence. She explained how the air quality index is monitored. She advised that the air increasingly reeks with the stench of pollutants from the vapors that are discharged when the storage tanks are filling. She explained that small amounts of gasoline vapors affect the nervous system and can cause breathing difficulties. She further explained that the noxious odors which emanate from the storage of asphalt acts as a respiratory irritant that can trigger asthma attacks. She pointed -out that there are currently 2,150 residences within a one -mile radius of the current tank farm. She voiced her opinion that the increasing activity and growth of Coastal Fuels will surely affect the health and quality of life of everyone within that one mile radius and the surrounding community. She explained that with approximately 23% if Brevard's population age 60 and older and that percentage expected to increase during the next five to ten years, social service agencies and local governments will be challenged to address a broad range of age related issues. She advised that trees provide a natural barrier; they act as a filter for pollutants, and are a principal source of oxygen. She explained how destroying trees and other vegetation would affect the environment, and how ground water contamination affects the environment. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 5 In closing, Ms. Tennenbaum suggested that the City should consider creating a conservation easement in this area to protect the environment and property values. This will be more cost effective in the long run since taxpayer dollars account for 74% of the cost to clean up the site, and Coastal Fuels only 26%. Ruth Anders, representative and resident of Solana Lakes, gave an overview of her expert credentials. She requested that Section 110-354 (C) (6) of the City code allowing a special exception for liquefied petroleum tanks be repealed. She advised that she has written petitions from many residents in the City to support the request. She stated the reasons for their appeal request. She stated that the first reason was the serious safety hazards, health hazards, and property damages new tanks would create; second reason was that this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance, or prosperity but instead does just the opposite; the third reason is that it would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put the residents through this again; the fourth reason was that in the residents view, the present requirements are virtually standard Tess and are thus arbitrary and capricious and constitute the creation of a public nuisance. She explained that the special exception allows the storage of liquefied petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, and noise or pollution purposes. She noted that there are no special standards to be met other than the fire prevention code; petroleum products in excess of 3,000 gallons should be in an established fire district. The City is far too developed to allow this situation to continue. She pointed -out that the existing tank farm was first implemented about 50 years ago and the last request for a special exception to construct more tanks was granted in 1991. At that time, Coastal Fuels was told no further expansion would be allowed. However, the City did not address this issue in its zoning code in the interim 16 years. She noted that none of the condominiums, townhomes, the Cape Caribe Resort, or other residential homes was in existence in 1990. She questioned how the City could allow these high rise density residential uses be developed so close to existing tanks. She commented about the notification process that was sent to the residents regarding the special exception request. In closing, she stated that the residents ask that the City to repeal the special exception for liquid petroleum tanks in light industrial zones; and the citizens request that the City put a moratorium on any new tank special exception requests in the interim. She advised that the residents would appreciate notice of the City's decision as soon as they have the opportunity to consider it. John Grandlich, Representative for Cape Caribe Resort, commended the City's efforts for listening to the residents' issues and concerns. He believed the code does need clarification, at a minimum, and a repeal of the special exception would be preferred. He agreed that, in the past, the location of the storage tanks were okay, however, now it just does not fit into the City's plans. He advised that Cape Caribe Resort supports the efforts of the City and the public trying to repeal the special exception. Shannon Roberts, resident of Solana Shores, recognized and acknowledge the number of residents present at the meeting from Solana Shores who are at the meeting to support the issues that have been represented at this meeting. Planning & Zoning Board Meeting Minutes August 26, 2006 Page 6 Lee Ann Mann, resident of Port Canaveral Trailer Park, advised that she has seen suspicious things going on and has called the police. She voiced her concern for her health due to the outside and inside of her mobile home is covered with black soot. Anthony Garganese, City Attorney, explained to the Board their options to proceed. He advised that the Board should consider compelling testimony, and decide if the use should continue to be allowed in the M-1 zoning district, and should it be allowed any where near a residential area. He suggested that at a minimum, the City should impose more safeguards. He advised that the Board can make a recommendation at this meeting to the City Council. He explained that they can use the moratorium rule to give the City additional time to study the issue. Chairperson McNeely asked for the Board members comments at this time. Harry Pearson commented that the issue is liquefied petroleum products. If the Board repeals that section of the code, someone may want to store propane tanks, and there is nothing in the code that prevents that. He asked if special exception should be repealed. Donald Dunn commented that the issue is distance and compatibility during an extensive population growth period of residential. He questioned if the existing tank farm or expansion is compatible with residential. John Johanson commented that a tank farm is an extreme use in the M-1 zoning district and the City may need a transitional use between the existing tank farm and the residential areas. He further commented that the special exception request is not a public or City request, it is a private request. John Fredrickson commented that he would like the Board to hear a response from Coastal Fuels. Lamar Russell commented that the City Council should repeal the special exception use from the code. He advised that if the use is not allowed, then it is prohibited. Brief discussion was held regarding requesting the City Attorney to draft a proposed ordinance for the next agenda repealing the special exception. Alan Galbreath, resident of Solana Lakes, questioned if the existing tank farm would be affected. Anthony Garganese, City Attorney, responded that the existing use would become non -conforming. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to request that the City Attorney draft an ordinance to repeal the special exception for review and make recommendation at the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 7 There being no further business the meeting was adjourned at 9:30 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Beachside Townhomes Second Addition Final Replat DEPT./DIVISION: Building Department Heading Final Replat Item No. Requested Action: Review and recommend to City Council the proposed final replat for Beachside Townhomes second additions. Summary Explanation & Background: This request is for a final replat of lot 13, Block 5 of Avon -by- the -sea on the north side of Adams Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department J</'/\' APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: '%! `-{ /C; 6 (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 'THROUGH 98-62). IS THIS A PRELL LNARY PLAT, RE -PLAT, OR FINAL PLAT? f -1- t, I P fez *- AMOUNT OF FILING FEE PAID: S s.), )Q AMOUNT OF ENGINEERING DEPOSIT PAID: S r1OO), 00 DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO • N.A. ,CC- PROJECT NAME: BC-' c t l- 5 ; zl e z, ��� ��Kt /xif= s 5 t't c . 1 ct," .1- re PROJECT ADDRESS: S 1CoLl 1 v) f e_ p G, z LEGAL DESCRIPTION • 1 a * /3 B i k,15; t Oy j" L e S e' . �c-• -F , Z OWNER(S) NAME: e4, OWNER(S) ADDRESS: 3/ ' 4 64-71,t 5 ,4v <G�x �4 F ( f � 3-„'e PROJECT ARCHITECT/ENGL\TER: £ 1 i E G ✓ PHONE NO. OF ARCHITECT/ENGINEER: `� 6 3 - 3 ') 6 C APPLICANT(S) SIGNATURE: OWNER/AGENT PHONE NUMBER OF OWNER/AG-WE: 7 ' 3 6 0 3.zcf :ze .537 �z� CITY OF CAPE CANA VERAL PRELIMINARY PLAT, REPLAT FINAL PLAT RECEIPT Project Name: 13 f L L t s <,. t � : ,t F � icy �, 1 j, RESIDENTIAL: 1, 2 & 3 Residential Units TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit Total: $ 3 7, S C-> COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL - SITE PLAN EXTENSION• TOTAL• $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ($700.00) Over 4 Units $1,500.00 COMMERCIAL: Up to 4 Acres $1,500.00 Over 4 up to 8 Acres $2,000.00 Over 8 Acres $3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL Sin, PLAN SUBMITTAL FEE RECEIVED: $ PAID RECEWl NO. DATE RECV'D 'Cr,.CC' 01 0804'06 10:43 00648 PLU PLU 2 $737.50 v 3 cl City of Cape Canaveral Site Plan Beachside Townhomes Second Addition Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: John Johanson Range: 37 Township: 24 Section: 23 0.14 +/- Acres 2 Residential Units 2 Residential Units 14.28 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject site is located north of Adams Avenue and east of Rosiland Avenue. N North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single and Multi Family Residential Multi Family Residential Single Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. This is still adequate park space available. 0-/ AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. A1A from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount the project could generate is 600 gallons. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 4-5 persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: August 10, 2006 Re: Beachside Townhomes Final Replat I have reviewed the Beachside Townhomes Second Addition Site Plan and don't have any comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. o 09/06/2006 02:16 321-783-7065 STOTTLER PAGE 02 August 14, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review — Beachside Townhomes Second Addition • Review #1 SSA Job No. 05-0025, Task 034-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. 5t6NED EtQ DA.i SONES Sincerely, v.J' 5 .L .. TNoim Pso+) 9 j610 (0 David Roy Jones, PLS Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1 — $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. ¢IjwnsollmbalchdllproJectalcepelWeecheide townhomes second add Mal pal review t.d c Page 1 of 1 Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Monday, August 14, 2006 10:11 AM To: Todd Peetz Subject: Re: Beachside Townhomes Todd, We have reviewed the plans and have no comment at this time. 9/6/2006 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 1, 2006 RE: Beachside Townhomes Second Addition Re -Plat, Lot 13 Block 5 Avon by the Sea The Public Works Department has reviewed the Re -Plat of the above stated project and all previous comments and concerns have been satisfied. There are not any existing easement(s) that this re -plat will vacate. The Public Works Department does not have any further comments or concerns. 0 Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Proposed Ordinance Item No. # SUBJECT: Review and Recommend Proposed Ordinance for Repealing Section 110-354(c)(6) which provides for Special Exceptions for the Storage of Liquefied Petroleum Products within the M-1 District DEPT./DIVISION: Building Department Requested Action: Review and Recommend to City Council proposed ordinance to repeal Section 110-354(c)(6), which provides for special exceptions for the storage of liquefied petroleum products within the M-1 District. Summary Explanation & Background: At the August 23rd Planning and Zoning Board Meeting, the proposed special exceptions for liquefied petroleum products was discussed. There was a large turn out of residents who provided information about the hazards and concerns of allowing a special exception for liquefied petroleum products in the M-1 District. The Planning and Zoning Board Directed the City Attorney to develop language that would repeal the special exception for storage of liquefied petroleum products. The attached ordinance is what has been provided by the City Attorney for your review. Exhibits Attached: 1) Proposed Ordnance. Planning Official's Office Department ORDINANCE NO. 15-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 110- 354(c)(6) OF THE CITY CODE WHICH PROVIDES FOR SPECIAL EXCEPTIONS FOR THE STORAGE OF LIQUEFIED PETROLEUM PRODUCTS WITHIN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT ZONING DISTRICT; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-354(c)(6) of the City Code currently allows by special exception storage of liquefied petroleum products in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has serious concerns regarding the storage of liquefied petroleum in the City's M-1 zoning district given its close proximity to dense residential development, as well as to Port Canaveral and the Kennedy Space Center; and WHEREAS, special exceptions for the storage of liquified petroleum may be creating incompatible land uses within the City; and WHEREAS, at its August 15, 2006 meeting, the City Council directed the Planning and Zoning Board to conduct a discussion at the Board' s next meeting to hear the input and concerns of all interested parties with regard to the special exception for the storage of liquified petroleum and to consider the City's options regarding the special exception; and WHEREAS, the Planning and Zoning Board discussed the special exception at length at its August 23, 2006 meeting and considered extensive input from numerous interested parties; and WHEREAS, the Planning and Zoning Board directed that an ordinance repealing the special exception be prepared; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 15-2006 Page 1 of 4 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, 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. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and cuut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 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 * * * ARTICLE VII. DISTRICTS * ** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT * ** Sec. 110-354. Special exceptions permissible by board of adjustment. * ** (c) Special exceptions may be granted for the following: * ** gc of ligppts, pioviat all sacuses coruply grow �d11011, b1la gage of liqupin piodactb in cac�sb of 3, al�lisllCd fire district. City of Cape Canaveral Ordinance No. 15-2006 Page 2 of 4 (6) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (7$) Radio and TV studios. (89) Shopping centers, provided the shopping center is on a minimum ten -acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (91-0) Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. {11) Res ivc d. (10+2) Permanent security living facilities, subject to an annual review and the following: *** (11+3) Restaurants. (12+4) Public buildings. (13+5) Telecommunications towers, subject to the provisions of section 110-482. (14+6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: *** 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 City of Cape Canaveral Ordinance No. 15-2006 Page 3 of 4 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 day of , 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 15-2006 Page 4 of 4 For Against .J DRAFT August 16, 2006 ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City 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 Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Article V, regarding nonconformities, and determined on March 7 and 21, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No. -2006 Page 1 of 15 1 DRAFT August 16, 2006 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative fmdings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code ofOrdinances, CityofCape 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. It is intended that the text in Chapter 110 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 *** ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent; rules of interpretation; building and fire codes; definitions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and management of nonconforming uses and non -complying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to permit these nonconformities and non -compliances to continue until they are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the zoning districts involved unless the City Council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. City of Cape Canaveral Ordinance No. -2006 Page 2 of 15 1t1Ln me distllct� established 1 y tlrs chapter or DRAFT August 16, 2006 1uG11A1nG LnVrc G7lISi , pvt Sttun, aicb, uSGs of lalld a1Iructur s all it..11 Wcl Giaw fal p1 for to Clliiia11G1. fi Vir wlii aitic11, but wlliVlrwvul , e f , user and LlJ1.witc.lc. 111 tilt ba111c d1St11ct. (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for, or approval of, the continuation of any illegal use of a building, structure or land or illegal structure or building that was in violation of any ordinance in effect at the time of the passage of this article or any amendments thereto. The casual, intermittent, temporary or illegal use of land, building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful building permit issued for any building or structure prior to the enactment of this article, the construction of which is in conformity with approved site plans, if applicable, and building plans shall be deemed nonconforming under this article if the building or structure is built in full compliance with the City Code as it existed at the time of the issuance of the building permit. In the event there is a conflict with the provisions of this article and a specific amortization provision requiring the removal or modification of a nonconforming structure or discontinuance of a nonconforming use of land, the provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply. replaced, if 1t is do , Llla�tcl (S�yt�111L�1 G, 1983). This shall a1mo thasc-projects-whielr are -yet -to -be ----p-,---_1..•._.,.., ».. .,..... ..., ..u...a• • iaiuuv v, u.11.•Y1 a�. 11_ 1ViG LV GV11 zoning-ordinan-ee- (c) Building and fire codes. No provision contained in this article, or elsewhere in the City Code, shall nullify, void, abrogate or supercede any requirement contained in a building or fire code that is duly enacted by law. tu16 at1 uLtuit.a that have Loci' dLallvyc.l. T11� 1y Gllvtl lv wulvrm to ti1L Lniat111g Lolling ordi11anct. (d) Definitions. As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: City of Cape Canaveral Ordinance No. _-2006 Page 3 of 15 DRAFT August 16, 2006 LU Destroyed or destruction shall mean damage by any means, except by vandalism or other criminal or tortious act by someone other than the property owner,. such that the cost to repair or reconstruct the structure exceeds fifty percent (50%) of the fair market value of the structure at the time of destruction, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. (2) Lot of record shall mean a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the description of which has been recorded in the official record books of Brevard County, Florida, and complies with the subdivision of land regulations of the City. Nonconforming or Nonconformity shall mean any lot, structure, use of land or structure, or characteristic of any use or structure which was lawful at the time of subdivision, construction, or commencement, as the case may be, which over time no longer complies with the City Code or other applicable law due to a subsequent change of the City Code or other law. This l the extL11sio1i Oi c11largci i i t of a iioilcuufoirni ig lvt Of build• ig but la ulciclf (4) Structural materials shall mean any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110-193. Continuance of Nonconforming structures. The lawful use of a nonconforming structure may be continued subject to the following provisions: City of Cape Canaveral Ordinance No. _-2006 Page 4 of l5 DRAFT August 16, 2006 12) No such structure may be enlarged or altered in a way which increases its nonconformity; �b Any structure or portion thereof may be altered to decrease its nonconformity; fsj Should such structure be destroyed, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. O1d11uu1Gu flout wh•1is dLlilicd t this cliaptcrbecause of 1wt11Cun at a, lvl Cuv.aaE,u, llwgllt, 3t,tl�at,lt vlb Rob of the allua.tuiC O1 1ts h, lllc fVlloXin>'. ay not be etriargcd or altwk,d 11l-cT wa noncoriforlirity. (2) Should sudi stl acturc loycd by arly nica,ls to ail ext lil of 1no1c tha1150 p�l�cllt Lvufvllulty wall lhls C11aptu. th a afki uvllfarlll r.gulatruits vl t11C IS IX u1 w11IGh 1t 15 IuCatvd attar it is muV' . (4) Whelc a lawful dwelling , Lff��tivc date of aduptlull ur allll,11111t,11t of thL vrdlrlculCC fio111 which this scut;oil is dvtiveJ that could riot be -,Hilt alidcr this-t,haptulTsach str u,,tu1C pray b� 1GYu;1 , , , Lvvc ta6C, building ack iinu3 and of to the r. galalio,ls for tllc di tri an 4,�t;tr6 u requirements -of -the-zoninrdistri-gaily-established-encroachment -on-setback 1 t a;ult eluCntS mart rzpaii L-d, rC , , or cxtut he Ln.,luak,Lillg pottioll of the -structure-is-an integral part of the JlluCtuzC. Sec. 110-194. Continuance of Nonconforming uses of land. City of Cape Canaveral Ordinance No. __-2006 Page 5 of 15 DRAFT August 16, 2006 A nonconforming use lawfully existing at the time of the enactment of the City Code or any subsequent amendment thereto may be continued subject to the following provisions: No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the adoption or subsequent amendment of the City Code; unless such use is changed to a use permitted in the district in which such use is located; k) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; No additional structures which do not conform to the requirements of the City Code shall be erected in connection with such nonconforming use of land. w111GL L111S SGGL111111S Q1.110 GQ, W17l.fG lawlul UJG Vl lain! ViuStS ttlat 1A ma dG I1V luIIgG1 pG1u11JJ1t/lG • • tux 1IEi1 tl1G VlliulallGG IIV lu w111G11 t1uJ JGGtl VI11J 1tG11V GCt, aJ c•uat,Ld Vl a111Gudl.d, an d wllGlc JUG LIWke t11vO1V LuutuluGll, aJ It 1Gn1a• IS OtlILI \,t , (1) No such 11o11co11fofmi,ig u , �1catGl a1Gd O1 lau Chair w aS ul..,upic at thG GffLk. • date Vfadoptiou Ot dinc11alil1Llit of the retio,l is lklivcd, uu 1 Q1G Q1Jt11Gl u1 W1hGll SuC11 USL 1S IOCatGQ. of t11G lot o1 parccl occupied by-slit-1r trsc-at-the-tffcctive-date-crf adoption -or amendment -of t1n Otdina11ce fioln vJhiGh this section is lly stk. 1111o11GO11IvrInnig 11SG of kill q i Ga5011 tuf d pc110d ul uluiG t11ail .., qut.lit 11Se ofsticll lautl Jllall GV11 bythirchapter for the distlitt iu-t (4) No additional structn forming as of la11d. GGL11-111J Jl./GG1 Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination change of use. Ifa lawful use involving individual structures, or of structures and premises in combination, exists at the adoption or subsequent a ..icndment of the City Code, that would not be allowed in the City of Cape Canaveral Ordinance No. -2006 Page 6 of 15 l DRAFT August 16, 2006 zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Lai No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located; () Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article but no such use shall be extended to occupy any land outside such building; f) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; and Where nonconforming use status applies to a structure and premises in combination, �removal or destruction of the structure shall eliminate the nonconforming status of the land. li a lawful use I11vo1vLlg iil ' ctures a11d p1G1111SL. ul eo1111al1 , with a rcplacelm nt east of $2,5UO.00 1 1uO1c pc ivll.lua 17_ - -___"]__ t is 411V WGLL 111 LLiG-VI t<Fitu, wing. CIJL 1 , (1) lvo cxrstulg snnLtuic o a L1 t 11ot pc111uttcd by chaptG1111111c d1st11Gl uI whiG11 it is IocatLd a11a11 li , colistructcd, 1eco11at1uLted;- u oved-or �tluLlulally a1tLled, except f i t a1.1 t11Lt i11 whiLll it 1J 1VLatcrl- {2) Any nonconforming wL1G ulalufcJtly aliallgl,d Of d..signcd fur suJll uac at tll the of dilra" : e , g- (3) Any structofc Of structu,c and laud 111 L<)lr1 V111atIoa, Hi ui Vll W111L11 a uvuLi/ufu1111`1'1-1g 11at- 1J JupL1JGdLJ by a pe1n1; , galatlolls ff1 thG tlisllict irr wlli 1Lst 1ned. a 1PU IL t.re-is-tocatctirarni-nortconforming-use-may-not-thereafter be , is discuin trued orthancione City of Cape Canaveral Ordinance No. _-2006 Page 7 of 15 J DRAFT' August 16, 2006 year pciiod, except wheu govciinnellt ae.L1Vi , V1 Jtl LLl tul G aiid tlil.illrs�J ill \ iubuiat;O11 JLall nu t111a Laftcir bL uJGd ..xcept lll O11fturn 111 e witLiegulail is of the district m which it is located. 11Vlll.uufVI111111g use Jtatus aYpl , removal-orriestrtraioli of the stilt —two Jhail f this subsiircaiis dainage to airextcntof AssessedzAluatien of1nxovemcnts- $ 1,000.00 $ 2,499.00 2,500.00 4,999.00 5,000.00 9,999.00 10,000.00 21,999.00 25,000.00 49,999.00 50,000.00—ever- Tine Allo JD a11w 1 G1`111111a1'•O1 111 1rears 5- 4-0- 20- 30- 40- 50- (7) Arty new or lihig slrall. e)(-8) Notwithstanding subparagraphs (a) through (d) of this section (-7j, the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area. LVlltall (1) An application for a change of use shall be submitted to the building official and shall include the iullowing: a. The property owner's name and address, a recorded deed indicating City of Cape Canaveral Ordinance No. __-2006 Page 8 of 15 DRAFT August 16, 2006 ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. c. A sealed, as -built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area than the present nonconforming use. The due process and notice provisions set forth in section 110-28 shall apply to all applications for change of use. �3 £ All proposed applications for change of use shall be submitted to the planning and zoning board for its study and written recommendation to the board of adjustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. �g Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall issue a written order certifying whether or not the proposed nonconforming use is equally or more restrictive, equally or less intensive, and equally or more compatible than the present nonconforming use. The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for change of use. J All change of use. recommendations and final orders shall be based on the following relevant factors, including, but not limited to, whether the requested use: a. uses less space; b. has fewer employees; c. requires less parking; City of Cape Canaveral Ordinance No. -2006 Page 9 of 15 DRAFT August 16, 2006 d. creates less traffic; e. has fewer deliveries; f. creates less noise; g• creates a better benefit to the surrounding area than the previous use; h. is more acceptable with the existing and future use or make up of the area. i. is more normally found in a similar neighborhood; or i creates less of an impact than the present nonconforming use. Wilk., of the tJl V j1Ll ty certified lirail. Not;. evf stn,h-hcxling shall be pastod-orrthe-prOperty-fOrIvhielr the change of,lonwnful,ll2.lgsought and at the city hall. lau1uJ ul $00 fl l t, ptuv,UL.U, , falluil to lllall vi i16.1.1vG OM,11 Gu li ay iiuti. j. Any party may appear i11 pei SOIL Of bL 1Cpicy all ay at t11G pub11G 1teal;llg. boas Ot acljri %.,lt Stall n,aftt Wit 1tat llllllillga GGltifylu6 Gvuipllauw in the same manner that tv the l i;ll ;a c v11ta;,il i,l sc1.tioll 110-47, the ;-" . tktwinii1. if thi., pivpu ed uuu�vufo11u1ub uaC is u,oie iebtlictivc, Las 1iitnsive and t1GtG1111;1,atiuii tl1C. buaid of dmay LO11S1�1G1, 111Lludilig, Lilt 1lot limited to, (iii) requirt.1 sa park; 1Lss 120I5> , (vii) create, Z b ttt.f kalcftt to auil 111o,c ptabk with tht-existingand-fttture-ttsr-ormake-ttp-of-the-areer,-(ixt be -more 7 Itnilar ncighborlleod, 01 (X) UG Of d ICJJ ulipaGt tllail thG tJl GJGllt tiulll.ullfwain ug use? Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings or duplexes are permitted, a single - City of Cape Canaveral Ordinance No. __-2006 Page 10 of 15 DRAFT August 16, 2006 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Sec. 110-197. Rvpaii cliaace. Abandonment. () A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: (1) When the intent of the owner to discontinue the use is apparent; or When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within or:c hundred eighty (180) days, unless other facts show intention to resume the nonconforming use; or 11) When it has been replaced by a conforming use; or 0) Where the use is discontinued or abandoned for a period of more than one hundred eighty (180) consecutive days or for eighteen (18) months (545 days) during any three-year period. (b) The city council may grant extensions of time for a nonconforming use of a building, or premises, which would oti.erwise be considered abandoned pursuant to subsection (a), to continue if the abandonment was directly caused by an act of God or other emergency situation outside of the control of the property owner. In the event a more specific abandonment, discontinuance, or amortization provision is stated elsewhere in this City Code for a specific nonconforming structure, land use, or land area, the abandonment, discontinuance, and amortization provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply. No provision contained in this article, or elsewhere in the City Code regarding the abandonment, discontinuance. or amortizat ion o f nonconforming structures or land uses shall nullify, void, or abrogate ar,v similar provision contained in a duly executed binding development agreement apprr;ved by the City Council. fa) Oil any building dervtctl in w Bole vt in pat t t0 ally uOw.vnfuiut. ua�, wuck uiay LC f 12 eons cCtitMonths n ordinarylc1ialrs or on iepalrorleplacetilwlt crf-rtonbearinTwa-ifs,, frx l,rCs, lvrr ing or plumbing-t-traire-ident-ntrt-execeding-terr percent -of City of Cape Canaveral Ordinance No. _-2006 Page 1 I of 15 DRAFT August 16, 2006 11g, proic co,itc .11fu1111ity, tU) !NutLlLlg Id IS cnaptt l SI1ao p1cvl.11L tnc SAu% v1 1catLulus tJ will piutcctulg, tpulllic a.tft ty, upo11 vrde Of SL1c11 offCial Sec. 110-198. Repairs and maintenance. Lai Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconforming status, provided the work is necessary to keep the structure in a state of good repair. The work may include the replacement of existing materials with like materials. However, repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official determines compliance with the following: fl The repairs and maintenance comply with applicable building and fire codes. gi No violation of Sections 110-193, 110-194, 110-195, 110-197 exists. The permittee shall be in compliance with all other applicable provisions of this article. (4) There are no pending code enforcement actions or liens existing on the subject property. O If replacemeri t materials are involved, such replacement may not exceed fifty percent (50%) of the fair market value of the structure, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. b) Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of am building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantially rebuilt so as t l extend the ordinary and natural life of a nonconforming structure. The building official is authorized to permit structural alterations to nonconforming structures in instances where the Occupational Safety and Health Administration ("OSHA") City of Cape Canaveral Ordinance No. __-21106 Page 12 of 15 DRAFT August 16, 2006 requirements necessitate alterations, provided the alterations shall not be authorized primarily to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are required by OSHA including, but not limited to, a citation to all applicable OSHA regulations and any OSHA notifications requiring the alterations. (d) This section does not apply to structures used for single-family dwelling or two- family dwelling purposes which structures may be renovated, repaired, or replaced in accordance with a lawfully issued building permit. h, �staLli�li the c�c;stc,tc� of a nortco,tforn,ing u OftiCordinanti.e fro„i l,ic ivLd, t,,,IL„ it Lvii Sec. 110-199. RCsel %ed. Temporary Uses. The casual, intermittent, temporary or illegal use of land or structures, or construction of an unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments hereto, unless it complies with the terms of the City Code. Sec. 110-200. Resut.ed: :.1:ccial permit. The intent and purpose of this section is to recognize that there are limited and special circumstances where overall community and public policy objectives of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and structures are not detrimental to the surrounding neighborhood and to the community values cstnblished in the City's Comprehensive Plan and City Codes. The City Council desires to establish specific standards for this category of special permit in order to allow the continuation of some nonconfonnim; uses and structures notwithstanding any contrary provisions of this article or City Code. ft) The City Council, at a duly held public hearing, may grant a special permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are strictly satisfied: (1) T h:^o.., nerofthepropertyonwhichthenonconforminguseorstructureexists files a spe ; l 1 permit application provided by the City; and (2) The applicnnt demonstrates that the continuation of the nonconforming use or stricture: a. is capable of contributing' in a positive way to the character and serves the needs of the community including re -occupancy for the accommodation City of Cape Canaveral Ordinance No. -3006 Page 13 of I i DRAFT August 16, 2006 of neighborhood walk -to -service uses, walk -to -work opportunities, and live - work spaces; reuse of buildings with architectural or historic value; and reuse of buildings that generate a significant economic benefit to the community; and b. is compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking, odor, light, intensity and land uses, hours of operation, landscaping, aesthetics, structural design, and density; and c. is consistent with the community values, objectives, and policies established in the City's Comprehensive Plan and City Code. The City Council may impose conditions and safeguards as a condition of approval of any special permit granted under this section. Secs.110-1-99201--110-2?0. Reserved. 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 ordinanc and the City Code may be freely made. Section 5. Severahility. 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 inc! -pendent 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 day of , 2006. ATTEST: ROCKY RANDELS, Mayor City of Cape Canaveral Ordinance No. -2006 Page 14 of 15 For Against SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. _-2006 Page 15 of 15 DRAFT August 16, 2006 Meeting Type: Planning & Zoning Meeting Date: 9/13/06 SUBJECT: AGENDA Heading Proposed Ordinance Item No. # AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Review and Recommend Proposed Ordinance for Repealing Section 110-354(c)(6) which provides for Special Exceptions for the Storage of Liquefied Petroleum Products within the M-1 District DEPTJDIVISION: Building Department Requested Action: Review and Recommend to City Council proposed ordinance to repeal Section 110-354(c)(6), which provides for special exceptions for the storage of liquefied petroleum products within the M-1 District. Summary Explanation & Background: At the August 23rd Planning and Zoning Board Meeting, the proposed special exceptions for liquefied petroleum products was discussed. There was a large turn out of residents who provided information about the hazards and concerns of allowing a special exception for liquefied petroleum products in the M-1 District. The Planning and Zoning Board Directed the City Attorney to develop language that would repeal the special exception for storage of liquefied petroleum products. The attached ordinance is what has been provided by the City Attorney for your review. Exhibits Attached: 1) Proposed Ordnance. Planning Official's Office Department ORDINANCE NO. 15-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 110- 354(c)(6) OF THE CITY CODE WHICH PROVIDES FOR SPECIAL EXCEPTIONS FOR THE STORAGE OF LIQUEFIED PETROLEUM PRODUCTS WITHIN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT ZONING DISTRICT; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-354(c)(6) of the City Code currently allows by special exception storage of liquefied petroleum products in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has serious concerns regarding the storage of liquefied petroleum in the City's M-1 zoning district given its close proximity to dense residential development, as well as to Port Canaveral and the Kennedy Space Center; and WHEREAS, special exceptions for the storage of liquified petroleum may be creating incompatible land uses within the City; and WHEREAS, at its August 15, 2006 meeting, the City Council directed the Planning and Zoning Board to conduct a discussion at the Board's next meeting to hear the input and concerns of all interested parties with regard to the special exception for the storage of liquified petroleum and to consider the City's options regarding the special exception; and WHEREAS, the Planning and Zoning Board discussed the special exception at length at its August 23, 2006 meeting and considered extensive input from numerous interested parties; and WHEREAS, the Planning and Zoning Board directed that an ordinance repealing the special exception be prepared; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 15-2006 Page 1 of 4 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, 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. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stiil.cvut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 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 * ** ARTICLE VII. DISTRICTS * ** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT * ** Sec. 110-354. Special exceptions permissible by board of adjustment. * ** (c) Special exceptions may be granted for the following: * ** (G) Storage of liquprodactb, prwidcd that all such uscs comply Cod. ALoNc ground storage of ligacfied pctrolca,n prodactN i►1 cxccss of 3,000 rallLai shall be IL atic stabllsilcd�Fiie dist�iet. City of Cape Canaveral Ordinance No. 15-2006 Page 2 of 4 (63-) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (7$) Radio and TV studios. (89) Shopping centers, provided the shopping center is on a minimum ten -acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (9+0) Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. s1. (10+2) Permanent security living facilities, subject to an annual review and the following: *** (11+3) Restaurants. (12+4) Public buildings. (13+5) Telecommunications towers, subject to the provisions of section 110-482. (14+6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: *** 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 City of Cape Canaveral Ordinance No. 15-2006 Page 3 of 4 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 day of , 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 15-2006 Page 4 of 4 For Against MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski DATE: RE: Beachside Townhomes Second Addition Re -Plat, Lot 13 Block 5 Avon by the Sea Public Works Director September 1, 2006 The Public Works Department has reviewed the Re -Plat of the above stated project and all previous comments and concerns have been satisfied. There are not any existing easement(s) that this re -plat will vacate. The Public Works Department does not have any further comments or concerns. City of Cape Canaveral FILE COPY Date: September 15, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Beachside Townhomes - Phase II Final Replat At the Planning & Zoning Board meeting, held on September 13, 2006, by a unanimous vote, the Board recommended approval of the above referenced Final Replat. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Beachside Townhomes Second Addition Final Replat DEPT./DIVISION: Building Department Heading Final Replat Item No. Requested Action: Review and recommend to City Council the proposed final replat for Beachside Townhomes second additions. Sununary Explanation & Background: This request is for a final replat of lot 13, Block 5 of Avon -by- the -sea on the north side of Adams Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department de-4' 0 APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: /L( /c 6 (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 'THROUGH 98-62). IS THIS A PRELLI-IINARY PLAT, RE -PLAT, OR FINAL PLAT? AMOUNT OF FILING FEE PAID: $ a).50 AMOUNT OF EN GLYEER1NG DEPOSIT PAID: S ri OO1 b0 DID BREVARD COLTNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO • N.A. X PROJECT NAME: c 5 d r PROJECT ADDRESS: 5 `' l 1 `( Pl 3 C• LEGAL DESCRIPTION: 1 v.}" /3 /3 r K 1 l3 y r e. S 'ac F ;;Z 3, 2,y, R,J 37 OWNER(S) NAME: :it) 11., OWNER(S) ADDRESS: 3 1 G' 14 C'trb--t 5 f (< �:<-t..t<4 • ( /- l_ PROJECT ARCHITECT/ENGLtir.ER• L-1- E {- ('--) •' PHONE NO. OF ARCHITECT/E_NGENTER: `'i '5-33 ' &` 5 APPLICANT(S) SIGNATURE: OWNER/AGENT PHONE NUMBER OF OWNER/A-G-W : 7 (e" 3 E. • I CITY OF CAPE CANAVERAL PRELIMINARY PLAT, REPLAT 4 FINAL PLAT,RECEIPT Project Name: Ritz f L l--L s - c} �' : E -nk t 1 fq c� �,' RESIDENTIAL: 1, 2 & 3 Residential Units TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units ® $7.50 per unit $ Total: $ 3 7= 5 C' COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL - SHE PLAN EXTENSION• TOTAL- $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL 1- 4 Units (. $700.00 -) Over 4 Units $1,500.00 COMMERCIAL: Up to 4 Acres $1,500.00 Over 4 up to 8 Acres $2,000.00 Over 8 Acres $3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL Sl'1'E PLAN SUBMITTAL FEE RECEIVED: $ PAID REC1r1Y1NO. DATE RECV'D - SCC , CC 'JJA itz_cc cc 01 0804'06 10:43 00648 PL`! PLU 2 $737.50 V4 31\ City of Cape Canaveral Site Plan Beachside Townhomes Second Addition Applicant: John Johanson Location: Range: 37 Township: 24 Section: 23 Proposed Amendment Acreage: 0.14 +/- Acres Permitted 15 DU per acre: 2 Residential Units Proposed Number of Units: 2 Residential Units Proposed Density: 14.28 DU/AC Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description: The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject site is located north of Adams Avenue and east of Rosiland Avenue. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single and Multi Family Residential Multi Family Residential Single Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. This is still adequate park space available. A1A is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. A1A from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount the project could generate is 600 gallons. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 4-5 persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: August 10, 2006 Re: Beachside Townhomes Final Replat I have reviewed the Beachside Townhomes Second Addition Site Plan and don't have any comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. 09/06/2006 02:16 321-783-7065 STOTTLER PAGE 02 August 14, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Beachside Townhomes Second Addition - Review #1 SSA Job No. 05-0025, Task 034-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. SltDNe) Ei t DAvL JOINES Sincerely, RJ'Set.L 0..TNovsi4So& 916fos9 David Roy Jones, PLS Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1 — $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. Oben sollori alc projcctslcapelF6aschsido townhomec second add Mel plat review I.doc Page 1 of 1 Todd Peetz From: John Cunningham [junningham@ccvfd.org] Sent: Monday, August 14, 2006 10:11 AM To: Todd Peetz Subject: Re: Beachside Townhomes Todd, We have reviewed the plans and have no comment at this time. 9/6/2006 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 1, 2006 RE: Beachside Townhomes Second Addition Re -Plat, Lot 13 Block 5 Avon by the Sea The Public Works Department has reviewed the Re -Plat of the above stated project and all previous comments and concerns have been satisfied. There are not any existing easement(s) that this re -plat will vacate. The Public Works Department does not have any further comments or concerns. Cape Canaveral Invoice number 3486 P.O. Box 326 Date 8/14/2006 105 Polk Avenue Cape Canaveral, FL 32920 Contract: 05-0025 Site Reviews for Cape Canavera Scope of Work: BEACHSIDE TOWNHOMES REPLAT 1ST REVIEW Customer ID: 19 SSA FILE COPY For Professional Services rendered through August 14, 2006 Item Description 34-1003 Beachside Townhomes Contract Percent Billed Previously Current Amount Complete To Date Billed Billed 500.00 100.00% 500.00 0.00 500.00 Contract total 500.00 100.00% 500.00 0.00 500.00 Invoice total 500.00 RECEiVED� SY FINANCE DAT STOTTLER SI'AGG 8 ASSOCIAI'ES ARCHITECIb ENGINEERS PLANNERS. INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral. Florida 32920 Tel 321- 83-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 24, 2006 RE: Beachside Townhomes Second Addition Re -Plat, Lot 13 Block 5 Avon by the Sea The Public Works Department has reviewed the Preliminary Re -Plat of the above stated project and has the following comment: 1.) Please provide any and all existing easement(s) that this re -plat will vacate and note on the drawing. MEMORANDUM TO: Stottler Stagg & Associates, attention Joan Sottoriva CCVFD Fire Official Public Works FROM: Todd Peetz, Miller Legg & Assoc. CC: Building Official w/o attachments DATE: S,6)rit- J4 Review Fee Collected: fig- i1 . 6 • Please review the attached • 14i submittal of the above referenced • / , + �r to ensure that the project meets' the.applicable code requirements. • • After reviewing the project, please advise Miller Legg & Associates. (MLA) of yoar approval 'or comments and concerns: MLA will be handling the tracking of this project and all future projects for the City of Cape Canaveral.. You may submit your comments • via email to TPeetz@miIlerleo-a.com, via fax at (407)629-7883. or via mail to 631 South Orlando Avenue, Winter Park, FL 32789. If you use the email, please include the name of the project in the subject line. Please submit you review comments as soon as possible. Thank you. City of Cape Canaveral Research conducted regarding the definition of Liquefied Petroleum: -Todd Morley Building Official September 13, 2006 1. Definition of "Liquefied Petroleum Product" 2. General history of the use of the term. a. How the use as differs from the term "Liquid Petroleum" 3. History of the use of the term in the Code of Ordinances of the City of Cape Canaveral a. How the code references the differences between Liquid Petroleum and Liquefied petroleum 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com David J. Sargeant. Chief Canaveral Fire Department (321) 783--142.1 Re: Storage of Liquefied Petroleum Dave. City of Cape Canaveral September 8, 2006 The City of Cape Canaveral Code of Ordinances sec. 110-354 allows the storage of liquefied petroleum products in the MI (Manufacturing) district by Special Exception. Sec. 110-354. Special exceptions permissible by board of adjustment. (a) In the M-1 light industrial and research and development 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 of section 110-566 as deemed necessary and appropriate in granting a special exception. (c) Special exceptions may be granted for the following: (6) Storage of liquefied petroleum products, provided that all such uses comply with the standards set out in the National Fire Protection Association. Fire Prevention Code. Above ground storage of liquefied petroleum products in excess of 3,000 gallons shall be in an established fire district. (Code 1981, § 638.07: Ord. No. 13-95. § 1, 9-19-95: Ord. No. 1-96, § 3, 1-30-97: Ord. No. 8-97, § 1, 9-2- 97: Ord. No. 16-2005, § 2, 10-1-05) (Emphasis added.) An agent for the owner for the property located at 8952 N. Atlantic Ave. has applied for a Special Exception according to this code section. Please provide the definition of "liquefied petroleum product'. odd Morley Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral & Canaveral Port Authority September 12, 2006 Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Storage of Liquefied Petroleum Todd, Per your letter of September 8, 2006, I am providing to you the definition of " • uefied Petroleum Product". This definition is being provided from the 2006 edition of A Code ., NFPA 1 �--� 3.3.122.10 Liquefied Petroleum Gas (LP Gas). Any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes. Should you need any further information regarding this matter, please contact me. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Si David Sargea Fire hief Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org DEFINITIONS HAZARDOUS LOCATION. Any location considered to be a fire hazard for flammable vapors, dust, combustible fibers or other highly combustible substances. The location is not neces- sarily categorized in the building code as a high -hazard group classification. HOUSE PIPING. See "Piping system." HYDROGEN CUT-OFF ROOM. See Section 702.1. HYDROGEN GENERATING APPLIANCE. See Section 702.1. IGNITION PILOT. A pilot that operates during the lighting cycle and discontinues during main burner operation. IGNITION SOURCE. A flame, spark or hot surface capable of igniting flammable vapors or fumes. Such sources include appliance burners, burner ignitors and electrical switching de- vices. INCINERATOR. An appliance used to reduce combustible refuse material to ashes and which is manufactured, sold and installed as a complete unit. INDUSTRIAL AIR HEATERS, DIRECT -FIRED NONRECIRCULATING. A heater in which all the products of combustion generated by the burners are released into the air stream being heated. The purpose of the heater is to offset building heat loss by heating only outdoor air. INDUSTRIAL AIR HEATERS, DIRECT -FIRED RECIR- CULATING. A heater in which all the products of combustion generated by the burners are released into the air stream being heated. The purpose of the heater is to offset building heat loss by heating outdoor air, and, if applicable, indoor air. INFRARED RADIANT HEATER. A heater that directs a substantial amount of its energy output in the form of infrared radiant energy into the area to be heated. Such heaters are of ei- ther the vented or unvented type. JOINT, FLANGED. A joint made by bolting together a pair of flanged ends. JOINT, FLARED. A metal -to -metal compression joint in which a conical spread is made on the end of a tube that is com- pressed by a flare nut against a mating flare. JOINT, MECHANICAL. A general form of gas -tight joints obtained by the joining of metal parts through a positive -hold- ing mechanical construction, such as flanged joint, threaded joint, flared joint or compression joint. JOINT, PLASTIC ADHESIVE. A joint made in thermoset plastic piping by the use of an adhesive substance which forms a continuous bond between the mating surfaces without dis- solving either one of them. FLORIDA BUILDING CODE — FUEL GAS JOINT, PLASTIC HEAT FUSION. A joint made in thermo- plastic piping by heating the parts sufficiently to permit fusion of the materials when the parts are pressed together. JOINT, WELDED. A gas -tight joint obtained by the joining of metal parts in molten state. LABELED. Devices, equipment, appliances or materials to which have been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LIMIT CONTROL. A device responsive to changes in pres- sure, temperature or level for turning on, shutting off or throt- tling the gas supply to an appliance. LIQUEFIED PETROLEUM GAS or LPG (LP -GAS). Liq- uefied petroleum gas composed predominately of propane, propylene, butanes or butylenes, or mixtures thereof that is gas- eous under normal atmospheric conditions, but is capable of being liquefied under moderate pressure at normal tempera- tures. LISTED. Equipment, appliances or materials included in a list published by a nationally recognized testing laboratory, in- spection agency or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment, appliances or materials, and whose listing states either that the equipment, appliance or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner. The means for identify- ing listed equipment, appliances or materials may vary for each testing laboratory, inspection agency or other organization concerned with product evaluation, some of which do not rec- ognize equipment, appliances or materials as listed unless they are also labeled. The authority having jurisdiction shall utilize the system employed by the listing organization to identify a listed product. LIVING SPACE. Space within a dwelling unit utilized for liv- ing, sleeping, eating, cooking, bathing, washing and sanitation purposes. LOG LIGHTER. A manually operated solid fuel ignition ap- pliance for installation in a vented solid fuel -burning fireplace. LUBRICATED PLUG -TYPE VALVE. A valve of the plug and barrel type provided with means for maintaining a lubri- cant between the bearing surfaces. MAIN BURNER. A device or group of devices essentially forming an integral unit for the final conveyance of gas or a mixture of gas and air to the combustion zone, and on which combustion takes place to accomplish the function for which the appliance is designed. 2.5 LIST OF COMMONLY ENCOUNTERED PETROLEUM AND PETROLEUM PRODUCTS ] co 0 Specialty Oils Electrical Oils Manufacturing Process Oils c j§ 2 k 0 O.O. \ co 2 \ co To Asphalt and road oils are very heavy petroleum olls. Bitumen, Asphaltene co k I -c� k§ E RI f) /E o f2 jto ) .2 { 0 @ (5 kta a� CO k 0 ; 7 £% c• 2 t ea j§ .c k RI f 0 k 0 CO & a The First Fifty Years of LP -Gas An Industry Chronology Chapter 1: The Dream of LP -Gas Becomes Reality This industry history was prepared by the National LP - Gas Council as part of the LP -Gas inddusi y's celebra- tiop during 1962 of its 50th anniversary. Starting with Chapter 1 in this issue, I.PGA TIMES will print this history in monthly installments during 1962. Although the fifty-year period starts historically with the cylinder installation at the home of John Gehring near Waterford, Pa., on May 17, 1912, a great deal of development work with LP -Gas was going on in the earlier years of this century. For this reason Chapter 1 recites events which occurred before the historic initial installation was made. ILis complete history is an exclusive TIMES feature. ... TWO NEW BITS of knowledge wcre added to man - kind's store in the years that closed the nineteenth cen- tury and opened the twentieth. One was the discovery that a liquid fuel called oil and a vapor fuel called nat- ural gas were plentifully available beneath the surface of the earth. The other was the news from Europe that "burning gas" extracted from oil could be liquified and contained in steel bottles. Knowledge of the nature and behavior of the gases The years 1909, 1910 and 1911 are red letter years and liquids these men were processing for market was in the history of LP -Gas that led up to the commercial scant in the early days. But it was evident to all that the marketing of the 20th century fuel. In 1909. LP -Gas still gases that refused to stay disolved in the gasoline were of a dream, the production of gasoline was a practical and potential value. In 1909 and 1910. however. Riverside profitable venture as more and more "horselcss car- had to pipe this raw material of the future LP -Gas a safe riages." as they called the early autos. appeared on the distance away and set it afire. The flares, burning night streets. and day from the nozzles set into the pipe, lighted the Discovery of new natural gas wells in the western countryside at a then unavoidable but great expense to Pennsylvania and West Virginia border region prompted the new industry. the formation of a company to locate profitable drilling Perhaps the news that a young German of the city of cites and build processing plants, largely for the extrac- Augsburg, Herman Blau. had invented a method for tion of natural gasoline that could be condensed from making fuel gases from oil and containing them under Copyright MI ky Nation,d lP-Gs Council The Coming of Liquefied Gas this so-called "wet" gas. The firm was named the River- side Oil Co. and from its plant at Sistersville, W. Va., came much of the raw material from which the first LP - Gas, called Gasol, was later obtained. Riverside, within a year of its formation in 1909, had built nine plants in the Sistersville area. southwest of Pittsburgh. Twelve more were built in 1910, including the first blending station where naphtha was mixed with the "casinghead" or "wild natural gasoline" condensed from natural gas. The blending was done in an attempt to keep certain of the useful fuel gases suspended in the liquid gasoline. Of the names of the men associated with the early de- velopment of LP -Gas, officers and employes of River- side stand out. O. D. Robinson and E. D. Robinson of Coraopolis. Pa., were respectively president and sec- retary -treasurer. The vice president was Chester L. Kerr. a Pittsburgh attorney, and the general superintendent was Arthur N. Kerr. his cousin. Scanty Knowledge to go on 1887 The first known printed reference to the manufacture of liquefied petro- leum gas was conducted in "A Prac- tical Treatise on Petroleum" by Ben- jamin T. Crew, published by Henry Carey. Baird & Co.. London. 1890 Pintsch gas was introduced into the United States from Europe. It was a compressed- not liquefied- gas made by cracking oil and was a mixture of methane and heavier hydrocarbon gases. It was known as bottled petroleum gas and among its uses was railway car lighting. 1903 What is believed to have been the first apparatus for extracting gasoline from natural gas was built by William Fascnmeyer. He was joined by Sutton 16 Bros. and Edmonds in commercial dis- tribution of natural gas gasoline pro- duced at Sisterville. W. Va. 1903-1904 Blaugas, called the first bot- tled liquid gas (as opposed to com- pressed gas). was developed by Herman Blau of Augsburg, Germany. It was a mixture of permanent gases, liquid gas and light fractions of gasoline —all pro- duced by modification in the manufac- ture of illuminating gas from oil. The light fractions of gasoline were removed by means of a device called "Amylene" column. Manufacturing costs were an expen- sive 10c a pound plus the fact that the consumer had to pay freight on 7 Ib. of steel cylinder for every pound of gas. Blaugas was contained under pressures of 750 to 1.50(1 psi. It had to be vaporized by a gas -fired burner and then conducted through a series of liquid and vapor regulators and reducing tanks until the pressure fell to 8 oz. Installa- tion of the equipment cost $200. so the gas was used largely by the wealthy beyond the city gas mains. The first Blaugas plant in the United States started operations in 1908. Nine companies were organized to manufacture and market the product in the United States. two of the most prominent bcing Northwestern Blaugas Co. of St. Paul. Minn.. and Blaugas Co. of Omaha, Nebr. Both companies survive to the present time, although they have long since been converted to LP -Gas. LPGA Times —January, 1962 Code No. Edition Reprint Title NFPA 44 1949 Standards for the Storage and Handling of Combustible Fibres. NFPA 44-T 1924 Tentative Regulations for the Storage and Handling of Combustible Fibres. NFPA 46A-T 1964 Tentative Recommended Practices for Outdoor Storage of Wood Chips. NFPA 46-P 1959 Proposed Recommended Safe Practices for Outdoor Storage of Forest Products. NBFU 48 1957 Standard of the National Board of Fire Underwriters for the Storage, Handling and Processing of Magnesium as Recommended by the National Fire Protection Association. NFPA 48-P 1950 Tentative Standards for Fire Protection During the Storage, Handling and Processing of Magnesium. NBFU 50 1920 Regulations of the National Board of Fire Underwriters for the Installation and Operation of Acetylene Equipment, Recommended by the National Fire Protection Association. NFPA 51 1944 Standards for the Installation and Operation of Gas Systems for Welding and Cutting. NFPA 52-PT 1951 Tentative Standards for Liquefied Petroleui Gas Piping and,Appliance Installations in Buildings. NFPA 54 1943 Standards for the Installation, Maintenance and Use of Piping, Appliances and Fittings for City Gas. NFPA 54-T 1919 Regulations for the Installation, Maintenance and Use of Piping and Fittings for City Gas. NFPA 56B-T 1966 Proposed Tentative Standard for Inhalation Therapy. NFPA 56E-T 1971 Proposed Tentative Standard for Hypobaric Facilities. NFPA 56F 1977 Standard for Nonflammable Medical Gas Systems. NFPA 56-T 1941 Recommended Safe Practice for the Use of Combustible Anesthetics in Hospital Operating Rooms. NFPA 58 1946 Standards for the Design, Installation and Construction of Containers and Pertinent Equipment for the Storage and Handling of Liquefied Petroleum Gases. NFPA 58A 1937 Regulations for the Design and Operation of Equipment for Use of Liquefied Petroleum Gas as ` Motor Fuel. NFPA 58A 1939 Regulations for the Design and Operation of Equipment for Use of Liquefied Petroleum Gas as Motor Fuel. NFPA 58A-T 1936 Proposed Regulations for the Design and Operation of Equipment for Use of Liquefied Petroleum Gas as Motor Fuel. NFPA 58B 1937 Code for the Construction and Installation of Liquefied Petroleum Gas Systems for Enforcement by Fire Marshals or Other Regulatory Authorities. (Liquefied Petroleum Gas Code) NFPA 59-T 1934 Tentative Regulations for the Design, Construction and Operation of Automobile Tank Trucks and Tank Trailers for the Transportation of Liquefied Petroleum Gases. NFPA 59-T 1948 Proposed Standards for the Design, Construction and Installation of Containers and Pertinent Equipment for the Storage and Handling of Liquefied Petroleum MICROFILMED REGULAR COUNCIL MEETING June 7, 1966 The City Council of the City of Cape Canaveral met in Regular Session at the City Hall on June 7, 1966 at 7:30 P.M.. The Meeting was called to Order by Mayor Thurm and the roll was called by the Clerk. Officials present were Mayor Richard Thurm; Council- men Leo Collins, Frank Hoog, Jack Hurck and Martin Schrider; City Clerk Donna J. Anderson; City Manager J. A. Rickards; City Attorney T. David Burns and a Sgt. at Arms. The Minutes of the Regular Meeting of May 17, the Minutes of the Board of Adjustment of May 17, the Minutes of the Special Meeting of May 23, the Minutes of the Special Meeting of May 25 and the Special Meeting of June 1, 1966 were read by the Mayor. The Minutes of the Board of Adjustment were reviewed and found to be correct. With no additions or corrections the Minutes were approved as read. PROGRESS REPORT - Briley, Wild & Associates The Progress Report on the Sewerage Project was given by Mr. Tom Strang from April 25 to May 25, 1966, showing 89% completion. On a Motion by Mr. Hoog, seconded by Mr. Schrider and carried unanimously, the Report was approved and accepted as presented. OLD BUSINESS Item 1. Gas Ordinance(#13-66 {2nd and Final Reading.) Mayor Thurm gave 2nd and Final Reading in full to , Ordinance #13-66. Mr. Hurck made a Motion that 2nd and Final Reading be approved. Mr. Collins seconded the Motion. Mr. Hurck then made a Motion to Amend by the addition of a new Section to be entitled Section 15, to read as follows: "The National Fire Portection Association Publication entitled 'NFPA No. 54, ASA-Z21.30' as amended is hereby adopted by this reference and the Building Official is hereby instructed and directed to enforce the same where not in conflict with this Ordinance." PAGE I OF+1 MICROFILMED 4-24-80 Regular Council Meeting - June 7, 1966 Page Two 14r. Hoog,seconded the Motion and it passed unanimously. Mr. Collins then made a Motion to Amend as follows: A new section to be entitled Section 16, to read as follows: "The standard of the National Board of Fire Underwriters for the storage and handling of liquified petroleum gases cited as NBFU No. 58 as amended, is hereby adopted by this reference for enforcement within this City by the Building Official in all instances wherein such standard does not conflict with this Ordinance." Also, to Amend the title of Ordinance #13-66 by striking the semi- colon appearing on line 15 following the word "appliances" and everything that appears thereafter and inserting in lieu thereof the following: "Adopting the National Fire Protection Associations Gas Appliance and Gas Piping booklet entitled NFPA No. 54, and ASA - Z21.30: Adopting standard of the National Board of Fire Underwriters for the storage and handling of liquified petroleum gases publication known as NBFU No. 59,providing an effective date." Also, to amend by re -numbering the present Section 15 to the new number of Section 17. Mr. Schrider seconded the Motion and it passed unani- mously. The Ordinance as Amended passed by the unanimous vote of the Council. Item 2. #15-66 Bond Validation Resolution and/or Ordinance (2nd and Final Reading) Mayor Thum gave 2nd and Final Reading in full to Resolution and/or Ordinance #15-66. On a Motion by Mr. Hurck, seconded by Mr. Schrider and carried unanimously, the Resolution and/or Ordinance was adopted. NEW BUSINESS Item 1. Certification of Election Absentee Ballots were presented to the Council by the Clerk and opened by the Mayor. The results of the Election were presented to the Council by the Clerk and the Election PAGEZ OFF MICROFILMED I1Lr[ LLA 3-13=80 0R75:41/4- 74-, ORDINANCE NO. 13-66 AN ORDINANCE REGULATING THE INSTALLATION, ALTERATION, AND MAINTENANCE OF ALL PIPING EXTENDING FROM THE POINT OF DELIVERY OF GAS FOR USE AS A FUEL AND DE- SIGNED TO CONVEY OR CARRY THE SAME TO GAS APPLIANCES, AND REGULATING THE INSTALLATION AND MAINTENANCE OF APPLIANCES DESIGNED TO UTILIZE SUCH GAS AS A FUEL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE INSPECTION OF SAID PIPING AND CERTAIN APPLIANCES; PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE INSTALLATION OF SAID PIPING AND CERTAIN APPLIANCES AND THE COT,T,WCTION OF INSPECTION FEES THEREFOR; PROVIDIND FOR THE LICENSING OF PERSONS ENGAGING IN THE BUSINESS OF INSTALLING, REPAIRING, OR MAINTAINING SAID PIPING OR CERTAIN APPLIANCES; "ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATIONS GAS APPLIANCE AND GAS PIPING BOOKLET, ENTITLED NFPA NO. 54, AND ASA Z21.30: ADOPTING STANDARD OF THE NATIONAL BOARD OF FIRE UNDERWRITERS FOR THE STORAGE AND HANDLING OF LIQUIFIED PETROLEUM GASES PUBLICATION KNOWN AS NBFU NO. 58"; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ALL CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. TITLE This Ordinance shall be known as the "Gas Code" of the City of Cape Canaveral and may be cited as such. SECTION 2. PURPOSE AND SCOPE The purpose of this Ordinance is to provide minimum standards, provisions and requirements for safe installation of consumer's gas piping and gas appliances. All such gas piping and gas appliances installed, replaced, maintained, or repaired within the corporate limits of the City of Cape Canaveral shall conform to the requirements of this Ordinance and to the specifications, rules and regulations entitled "Installation of Consumer's Gas Piping and Gas Appliances" Southern Standard Gas Code, approved and adopted by the Board of Trustees of the Southern Building Code Congress, at its meeting held on the 29th day of October 1964, by resolution, which specifications, rules, and regulations are hereby incorporated herein by reference and made a part of this Ordinance as if fully set forth herein. CHAPTER 8 FIRE PREVENTION REGULATIONS ARTICLE E. LIQUEFIED PETROLEUM GASES SECTION: 6-8E-1: Definition 6-8E-2: Compliance; Inspections 6-8E-3: Odorizing 6-8E-4: Containers 6-8E-5: Equipment 6-8E-6: License for Production 6-8E-1: DEFINITION: The term 'liquefied petroleum gases", as used in this Article, shall be construed to include any material composed predominantly of propane, propylene, butane (normal butane or isobutane) and butylene or mixture of them. 6-8E-2: COMPLIANCE; INSPECTIONS: A. It shall be unlawful to produce, store or use liquefied petroleum gas, or to install or maintain any equipment for such production or use, unless such production, storage and utilization equipment is constructed and maintained in compliance with the provisions of this Article. B. It shall be the duty of the Fire Chief, or such other officer or employee as may be designated by the City Council to enforce the provisions of this Article, and to make such inspections to tests as may be necessary in connection therewith. Whenever a test is necessary to determine whether any equipment or method complies with the standards prescribed or referred to in this Article, the enforcing official may accept the results of a test conducted by or under the supervision of the Underwriters Laboratories, Inc. 6-8E-3: ODORIZING: All liquefied petroleum gas used or stored in the Municipality shall be effectively odorized by an agent of such character as to indicate by a distinctive odor the presence of gas in the air down to a concentration of one -fifth (1/5) the lower limit of combustibility. 6-8E-4: CONTAINERS: A. All containers used for liquefied petroleum gases shall be constructed to the standards prescribed therefor in the "Standards of the National Board of Fire Underwriters for the Storage of Liquefied Petroleum Gases" of 1956, as amended, as published in pamphlet form by the National Board of Fire Underwriters, hereinafter referred to as N.B.F.U. pamphlet No. 58. B. The maximum filling density (the percent ratio of the weight of water the container will hold at 50 Fahrenheit) shall be that prescribed in paragraph B. 11 (page 16) of N.B.F.U. pamphlet No. 58. C. No such container for use in connection with any building shall be located between the building and the street upon which the building abuts nor within such building. The installation of such containers and location with reference to buildings shall be in accordance with the standards prescribed in N.B.F.U. pamphlet No. 58. 6-8E-5: EQUIPMENT: A. No equipment for the utilization of liquefied petroleum gas shall be installed in the Municipality unless a permit therefor shall have first been issued. When such installation is in a building being newly constructed or remodeled in accordance with a permit for such construction or remodeling, no extra fee for such permit shall be required. In other cases, applications for such permits shall be made to the City Clerk and shall contain a description of the location, equipment and intended use of such equipment. The fee for such permits shall be fifteen dollars ($15.00). B. No such equipment shall be installed or used unless it complies with the standards therefor established in the N.B.F.U. pamphlet No. 58. 6-8E-6: LICENSE FOR PRODUCTION: A. It shall be unlawful to operate in the City a plant for the production of liquefied petroleum gases without first having secured a license therefor. B. Applications for such licenses shall be made in writing to the City Clerk, and shall conform to the general provisions of the ordinances relating to business licenses (See Title 3, Chapter 1 of this Code). The annual fee for such license shall be fifty dollars ($50.00) C. No such license shall be issued unless the premises and equipment thereon to be used in such activity are in full compliance with the standards prescribed in N.B.F.U. pamphlet No. 58 (1956 as amended), and it shall be unlawful to conduct or operate such activity unless all buildings and equipment used in connection therewith comply with the standards prescribed in that bulletin. 'ICROFILMED 3-13-80 THE FOLL /NG Ups ARC HBREgr PROHIHITBD: Acetylene Gas Acid Animal Reduction Plants Bleaching Powder By-products of Fish By-products of Wood Distillation Calcium Carbide Large Scale Sewage Disposal Plants MMatches Oil Refinery Oil Wells Size or Gelatine Celluloid Cellulose Products Chlorine Gas Coal Tar Products Creosote Slaughter House Soap Manufacturing, All Types Fertilizer Smelting Wood Pulling Paper and Pulp Mills Phenol Potash Fireworks Fish Cannery Glue Guncotten Commercial Incineration of refuse Explosives Livestock Yards Products of Compound of Hydrocyanic Acid Pyroxyllin Plastic Refuse Disposal Plants SPECIAL REQUIREMENTS - (1) No establishment or industrial use permitted in this Section, however, shall be located within one hundred (100) feet of any single or multiple residential district, except after a public hearing. (2) At all manufacturing establishments, or rebuilding or repair places permitted in any industrial district, all materials and products shall be stored and all manufacturing or rebuilding, repairing or renovating operations carried on entirely.within substantial buildings or completely enclosed within substantial approved walls or fences, excepting only Sipyards, Dry Docks, Boat Slips and the like, where necessary frontage on the water may be open. The premises used by gasoline, oil and petroleum storage tanks shall be surrounded by an unpierced fire wall or dyke of such height and dimensions as to contain the maximum capacity of aforesaid tanks with twenty (20%) per cent margin of safety. All storage tanks and adjacent structures shall meet the requirements of the National Board of Fire Underwriters as issued for 1938 or later. (4) The foregoing paragraph requiring an unpierced fire wall or dyke shall not apply to storage tanks containing liquified petroleum, commonly known as bottled gas; such tanks may be eructed without said wall and dyke. BUILDING, HEIGHT REGULATIONS - (None) OR 81-64 PACE-25-OF `spoo6 opley;ydp A A W fV V) rC Cu a N 0_ C)• a 0 C d (D _ 0 r+ N VI CJ 3 (D -•if 1 i C 3 0 rt a d r0 • pue suuawna;suL physical characteristics; aoj s4uawnagsul :Jo aan;oe4nuef O' a 0 N = 0 N .. C 0 Cu 0 N r+ C N O a C 00 - . 0 a vCi Vn rt N (D co - N C fD c 0 0 N J fD V/• J () 0 CT 0 Z Cu r0D 0 (D-s a n (0 a 0 0 0 0 :ssal ao sane a a (D Z = a ct rh to N C< 0 Cu d 0 -h 0 () (D a 0- O 0 C 0 -C3 N (D (D 0_ co Cu O co 0- CL m a r$ < C a (D 0 -5 O r} rD co J (D Z < (D O 0- 30 0 Cu ((D CD a fi C �• a `ter (t h0 (D (D C O inS ti+ (D Z -(+ (0 0 -.. ro a o I 0. al0 dnoa6 ao asn ,ue saan4ona;s pue sasn Principal Uses and Structures air conditioned structure. ui. pamwaad N 0 fD 0 3- (D n O 3 c+ Cu = C 0 C N N 0 rF -5 0 a Cu 01 C) n "O < ro (D � N 3 n O N C a m r N minimize adverse influences [ep4snput aayn.o pue su01.40p4s0a rD (D 0 (D o2 papua3uL can serve light manufacturing, pue yoaeasaa n (D roro O a 3 O S n fD a IDD -s C 0 = N (0 1* 0 = a O N C N N ID 0 r+ 0 S Cu X N CIJ a 0 C 0. << co 233 (0 `_ co�f\7F O -5 - rr 0 a a 0• 0 -S N (D a O a Z 0 rr rf ( a (D CD r 0 < o 0fD 0 C 3 Cu 00 3 CD 0 0 Cu rr 'O _O rD rr in rf J 0 CS/ n. 0. 0 a r+ C 0 in rr Z a -5 0 -5 (D a' 0 a 0 C ' ct O 0 O, •aaueutp,ao styl JO A W 6utuaaaos pue butdeospue-1 0 O (D 4y6taH wnwtxeJ O -. V -4, N < 7 C O t1 (0 rl -•• -S Z 1 (D 0.0 A +.(0 • O (D 7 0 7t0 Sa r? (D SAC (D r7 (D O (n rT S -•• (D (0 1, r •7 S rf (D re • -1, O ry ti, 0 0 • Z -II loi aotaalul apes lob aauaoo apes A� -,, I(0 OrD • �. r'• O (D O Ctal -h (D 7-0 -h ry (D r+r1 -I)0 • r? 7- CD 0 O. a Z 'S 0 (0 m a C 0 r•�n (n ti 7 0.S n �• N O 7 <(D(o 0 1 sluawaatnbaa paeA Z-1 se awes M rr • 0 7 -4, re rY eaav loq wnwtutW 4lPtM loj wnwtutW yldao lot wnwtutW I 1 1 1 I 1 1 1 1 1 I ITU co 0 permissible by the Board of Adjustment for Planned set forth in the schedule of Special X r1 O r' 0 01 (0 01 7 (D X n 0 CD 7 (r n c 0 N 7 rt N a (0 3 (0 40 (D 0 0 a (D a 7 r? 0 7 O1 w N rD ar azts wnwtutw Cr CO O 01 Z n 0 O. O. and development character of the district. rD 01 ID c 7 01 7 n N cr 0 O l n 7 (0 r' 0 C 0 a 1 7 0 Q 01 Customary accessory uses of one or more of the orincinal (Y 0 n •sast.Jaad ayl uodn (D 01 sales of products manufactured, processed or v aeLtwts aaylo miscellaneous notions; N Costume jewelry, costume novelties, buttons 7 n v a (D 7 7 0. 55, 0 Z (D rt. = ti and other office and artist materials; O Radio, TV, phonograph and electronics 0 1 ro 3 sluawnalsut jeotsn. 01 7 n a 01 Z r? • Jewelry, silverware, plated ware; Photographic equipment and supplies; a a 01 Z r* r' 0 N S (0 0 F O 0 x O Z 0 N 001 tD n (D N a O •D a Z 7 7 fi s n o. 01 o 7 fD CD7 0. a ID 1 CA CD 0 fD 3 7 n ro 4 Cu 0 0 O. 7 O' GXS CD CD n < 0 `. C -o o 0 A -a1 y 7 O Q ID O c'+ 7 '•C DJ CT 0 n a CD I Z In ID n a N rD d 7 0, 7 0 Z n -/ a a N Z r* G S 0 In ID CD O. c+ r1• 1 S a r+ Cr Z N 1 sasn pue tulauaq in keeping with the light industrial Open outside storage of materials; All-us.es not specifically or provisionally permitted V spuepue;S aoueuuo;uad `.Pa;;iuuad Flleollloads /D a c- ID S rt C gu C. O O N C 0 Z S ID Or CD a vage yards for secondhand building materials; 6uivaauos pue A n Q' a n N co C. 7 Cr . 7 N S _ c ^ ° 0 ID S N 7 7 lD O J fD 1 ID CD r 7et7 e+ 0. n Cr Z. c o S 0 a r+ z � 7 O co 2 fD CD N 0. co N N 7 rD 0 n ID 1 < = N N C N S N ,n N 7 O 17 rO O O N Cu ,CO. Ij 7 z 7 Cu r1. N TTO 0. H D C 3 S .. a N C a 7 N n = I.,. G CD C a 7 '•c CL N n a co 7 O. `.sasnoq bui6po Is) M IVr+ God _..--• N S • I? 7 cr. D ID N C O. of C 1• r+ C -q M -'•3 J N N r+ • Z 0+ • D 7 n co - ro 3 rt. cox c co r1 3 7 N ID S 0E n� ram+ ID 7- ID 0 01 . 7 - Z n r•+ ID S C-.<3Jrr+i ID 01 n LC CD s 0 aN ID ;oq uoiva;uI apt ;oq uauuog am Iro co ID Z I? cr ow Z a D 0 7 DJ Cu n CT o. a Cl d CD N N r1 CP a C 7 a 3 l0 co N ID r1 ID c+ 0 r+ coct 'M 7 H O ID Z a 3. 7 = n 3 Minimum Yard Requirements w O vw D c+ T0 O 1 C n CD Ieluads ;lwaad Few ;uaw exceptions which are compatible After public notice and hearing, -;snCpv Jo pueog ay; Area and Dimension Requirements CO dermists and similar uses; cleaning and laundry plants, printing plants, taxi - n Service and repair establishments, welding shops, dry N a. CD N a. All uses permitted in M-l; and in addition; b. Warehousing and wholesaling including refrigerated :ssal ao sauoe LI 11- I I accessory uses of one or more of the princi- or employees of the principal use; 0 Not more than one dwelling unit for occupancy by owners 'saspwaud a43 uodn pauols ments shared in common; are developed on a site of five (5) 'a5eue6 pue a6euols a a CD 0 T CD • /D 0 •0 CD a. a N a C Cr C? -anoudwt al4s uie;uao any use or group of uses that are developed, either sep- Public and semi-public uses, including those of an 'aun;eu Ieiu4snpul Principal Uses and Structures Freight handling facilities; transportation terminals; N -T C n C+ CD shops, upholstery shops and rr CD x fD Ieplsnpui ayg a n C C'r CD All uses permitted in this zone tions herein are intended to minimize adverse influences of M N n a c CD 0 N 3 N 0 Ct N < 0 0 m 1 ')0 a CD a a 0 0 a s i ft. CD n m CD a CD 0 N C Ct a Q -a fD • c a C a m C C CD Cr C N Cr - a N N C c a n n rD 0 N 0 Or 0 N 0- CD 0 L< 0 n button, wholesaling, and other industrial functions. A CD 1 n areas shall be effectively walled on all area located in close proximity to transportation facilities are intended to apply to an 4ua3u1 pue ;oia;slp rD a. •sasn ue1}w}s pue •0 17 r Z Da m CO 3 n S Cr w e+ N O a 0- 3 > a e 3 M Z a a C n c C a -n c 0 a Z O n 0. Cr CD c c 10 n Z C+ N C • C CO 0 0 a CD fD C N Cr fD N N n - 0 C i CO C' a n a A- CDCD C T_ O. a a D a N N n N 3' fD - 7 Q c CD �c K - 'D S C a 0 n n Cr 3- Cr a 7 N a CD CO CD rY o 0O. -0•, > Cu CD n a. rD 0 0 .x-. CD Z 0 a C n CD a C O. a 0 o. 0 -r, 0 O. Os n m V spaepue}S aouewao;Jad Any use deemed objectionable by the standards established •aoueuipao sEyg character of the district; 01 co m O. CD ID M 0 0 .r H v rD 3 CD rt. a A CD a c a rt 0 CD 0 01 6u}uaaaos pue 64deDspue1 Above ground storage of liquified petroleum products; as specifically or provisionally permitted herein; CD O. Retail and other commercial establishments except Churches, private clubs and lodges, public schools; n 0• Automobile wrecking yards, junk yards, scrap and Motels, hotels, boarding and lodging houses; c N CD CD N Qrt G 0_rt F j MG, Nv N J rt r? F O CD 7' CD CD j S • o N O, Z C c . S- S co O Z • rD O- 3 0 n n or co rD -I, VI N w N N r• SCI N CD J• S S -+ 7 n CDrl• CD . CD Di GI O. Sa N IZ C N V C •• r O- - Z C 7 N RI- co rD N A Z co co + • 0+ O. rD ID . rt. CD 0• CD J O CD rt. -5 crt CT -0 ..i - n Cr CD CY 7F a C 0_ Sr.n lr' N . C O. n m • n • CD CD co CD rT 1 0 0 O. n rt• ›r F j O i IA N Z i C rI • I r• N r)I N . . 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Restriction on storage and dispensing of flammable materials and liquids. Except as provided in this section, it shall be unlawful for any person to store more than 15 gallons of asoline kerosene or diesel fuel, except such greater amounts as are normally stored in the fuel tanks of motor vehicles in any residential area of the city. The provisions of this section shall not apply to above -ground liquid petroleum: central gas distribution systems for mobile home parks, as defined in section 110-1, in existence on the effective date of the ordinance from which this section derives. In no event shall above -ground storage of liquid petroleum, gasoline, kerosene or diesel fuel exceed 250 gallons in any residential . _ . of the city. (Ord. No. 22-94, § 1, 9- ARTICLE M. OCCUPATIONAL LICENSE TAX* Sec. 70-66. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Merchant means any person engaged in the business of selling merchandise at retail or wholesale. The term "merchant" shall not include the operators of bulk plants or service stations engaging principally in the sale of gasoline and other petroleum products; those conducting distress sales; installation contractors; milk and dairy products distributors; sellers of motor vehicles; peddlers of fuel oil, gasoline, LP gas, or produce; and operators of restaurants, cafes, cafeterias, caterers or hotels. ARTICLE II. PUBLIC SERVICE TAX* Sec. 70-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Illilities. service means electricity, metered or bottled gas (natural, liquefied petroleum or manufactured), water service, fuel oil and telecommunications services as defined in r'.S § 203.012. (Code 1981, § 541.02; Ord. No. 32-93, § 1(541.01), 10-5-93) Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Heading Discussion Item No. # SUBJECT: Discussion Chapter 2006-88 - New Law that creates Section 166.033 F.S. DEPT./DIVISION: Building Department Requested Action: Discussion regarding new law in the Florida Statutes that requires written notices to applicants that cites applicable sections of the ordinances, rules, statutes or other legal authority. This item is to be discussed for informational purposes. Summary Explanation & Background: This new change to the Florida Statutes will affect how denied applications are processed. The City Attorney will provide a brief overview of the changes to the Florida Statutes. Exhibits Attached: 1) Letter from the City of Attorney with proposed change in the Florida Statutes. Planning Official's Office Department �v1 BROWN, GARGANESE, WEISS & I'AGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher' Joseph E. Blitch Usher L. Brown • Suzanne D'Agresta° Anthony A. Garganese` J.W. Taylor Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Chapter 2006-88 Dear Bennett: Offices in Orlando, (Kissimmee, Cocoa, Ft. Lauderdale & Tampa June 16, 2006 Scott J. Dornstein Andrew M. Fisher Mitchell B. Haller Katherine W. Latorre Amy J. Pitsch Erin J. O'Leary Catherine D. Reischmann William E. Reischmann, Jr. Of Counsel The Governor recently signed into law Chapter 2006-88 regarding the issuance of development permits by municipalities. This new law creates Section 166.033 Florida Statutes which provides: • When- a municipality denies an application for a development permit, themunicipa.l ity .:huts gi'v'C writteh notice to the- applicant The Ie notice Must include a citation to the applicable portions of an ordinance, rule, statute, or • other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. Section 163.3164 defines a development permit to mean any building permit, zoning permit, subdivision approval, re -zoning certification, special exception, variance, or any other official action of local government having the effective permitting the development of land. The new law is effective October 1, 2006. Given the breath of the definition of development permit, this small change to Chapter 166 will have a very significant impact on the manner in which a municipality denies a development permit. As written, this new law will apply not only to the City Council in their role of reviewing development permits, 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Oilando. Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (566) 425-9566 • Ft Lauderdale (954) 670-1979 Website: vmw.orlanaolaw.net • Email: firm@crlanjclaw.net Boucher, B. June 16, 2006 Page 2 but the law will also apply to other quasi-judicial boards and administrative personnel (e.g. building official) that have final decision making authority regarding development permits. I recommend that this letter be provided to the members of the City Council, quasi- judicial board members, and other City personnel who have authority to deny a development permit. I also suggest that this letter be provided to advisory boards who make recommendations regarding development permits, like the P & Z Board/LPA. These boards should ensure that they clearly articulate the reasons for their recommendations, -.'�.� .�r:.-s':t+t.,r1 "1..{:+�nc+ +,:.-i:a-n:•. •1...J •... I 1 �::�}�e:. i.a ..♦ 54..v.:e .:.�. :.:G.:..:.:.J tc •d.. a •i eve;f`.rC`,.�T'Te :. f eTnit - '`;FB.:: Please feel free to contact me should you wish to discuss this further. urs, Anthony ; . Garganese City Attorney Enclosure AAG/slb CHAPTER 2006-88 Committee Substitute for Committee Substitute for Senate Bill No. 1112 An act relating to the denial of development permits; creating s. 125.022, F.S.; requiring a county to give written notice of its decision to deny a development permit; specifying information that the notice must include; defining the term "development permit"; creating s. 166.033, F.S.; requiring a municipality to give written notice of its decision to deny a development permit; specifying information that the notice must include; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.022, Florida Statutes, is created to read: 125.022 Development permits. —When a county denies an application for a development permit, the county shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. Section 2. Section 166.033, Florida Statutes, is created to read: 166.033 Development permits. —When a municipality denies an applica- tion for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. Section 3. This act shall take effect October 1, 2006. Approved by the Governor June 7, 2006. Filed in Office Secretary of State June 7, 2006. 1 CODING: Words strickon are deletions; words underlined are additions. P at Boa•tP SEPT L3, 2066 TZGV1 L W AN> TZ,Eco m M E ►J 7EPEALin1C SCcTIor.1 S Pa-c1 a L 110 - 354- (c) (6) vrN1414 P2oV' DES F'DR CX CEPTton1 S F02 STD 2A c C op- Lr 4uOE /OED lT-TQoLEUM P(LO'Ducrs WITH/ M' DIST2c r WE 13ECAME SM42TER i1 w �o u�,2 ,GcJ.c d /Le f/Lic'ct4A-cjj o T ID1V To 2ecorJ51 e2 110 -354- (c) Amx. ro thr)c :.e- S ;- i ce Ito - 3 s4 (c) (0) wm u ( a� ail eaz ix A) .eco4 AQ, _ 11 0 - 35 4- (c) (4) to ad ,Q,c a 1, - e-Peat ,u - d ct cF� .►,- eL 4ttl; foAttee-a a:c-- c>( ),Lut-S „/112-.;:f1 PefroIekit athit Gt * — Cv44'e , & D Aa - 3 Z cvit_e itfrtti eZS — oL , PNc. a-1444a ., - ,n,,- 1 of Cam" i -71 /1 , . 7L , fct4e � mac' '� / ', c xi>. c_fc./k)-it _ Cc- , Hce CC- ELk Meeting Type: Planning & Zoning Meeting Date: 9/27/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Heading Proposed Ordinance Item No. # SUBJECT: Review and Recommend to City Council Proposed Ordinance regarding Vacation Rentals. DEPT./DIVISION: Building Department Requested Action: Review and Recommend to City Council proposed ordinance regarding Vacation Rentals. Summary Explanation & Background: Several months ago we had a series of public meetings regarding Vacation Rentals also referred to as short-term rentals. The City Attorney is providing a draft ordinance for your review and recommendation. Exhibits Attached: 1) Proposed Ordnance. Planning Official's Office Department Transmit report P.1 09/16/2006 01:09 26YE04055 TC:211129 REMOTE STATION START TIME Pages RESULT REMARKS 97994132 09-16 01:08 00:00 57 000/023 No ans REMARKS TMR:Timer, POL:Pol1. TRN:Turn around. 2IN:2in1 Tx, ORG:Original size set. DPG:Book Tx FME:Frame erase Tx, MIX:Mixed original. CALL:Manual-Com, KRDS:KRDS, FWD:FORWARD FLP:Flip Side 2. SP:Special Original FCODE:Fcode, MBX:Confidential, BUL:Bulletin, RLY:Relav, RTX:Re-Tx, PC:PC-FAX S-OK:Stop communication. Busy:Busy, Cont.:Continue, No ans:No answer M-full:Memory full. PW-OFF:Power switch OFF, TEL:Rx from TEL City Of Cape Canaveral - Building Department From the desk of: Susan Chapman, Administrative Assistant phone: 323 8 6 8-1222 fax: 321 868-1247 e-mail: chapman-cape@cfl.rr.com Date: S; 1 '!.---, e" C- (. S71-- Time: tZ :i" j f' . 01 . To: 1r -t. l C 0.t., c'--- • Zit Yt'? Fax #: s- cici - -4 I ".--'S Number of Pages (including cover page: ': Remarks: A- l c^ i I. .-.- A rw1"1 f 1rl•-1.1 c.,.c 1.1<=,.t .-; --4 h,. ;.1=.7-S.-r-,-IC,-V,<-„--, ' i,..-..1_ t._•c,.-. :.=<. ,_...<..-c-2 -4.-- -- i L, c• 1 '1.-17 1.--r_c,_s ci-r1-V.:-,, I1X r-, ‘.:'v -'l«ls-i tk. i.,•,-4.. y i.._._ .-1 �--c_, -) c-,------1-c,-- YvX.z - �� < .c--,.- l__-ci-i-'t.,'-. .'t_ ,._-,_lc-1..<-, .--i . C-(2 - -E .«'.._ < • i--.1C-..._. . -- \\,'wt_'\ `' `3-1-•,-.---'i.-c- r •. i 1r- --,--\--C•. r -I t `. -- 1 4....:a 1-,--5-;<-cca--,-: ( c- e., •• -. ._,q.rr( 1.::y -44, - ` t--'x=c...--c.).-if',c,,mil..-. r-s-4 -,-- ,-A-. q-,.. 1;,.._-, City Of Cape Canaveral - Building Department From the desk of: Susan Chapman, Administrative Assistant phone: 321 868-1222 fax: 321868-1247 e-mail: chapman-cape@cfl.rr.com Date: c {. I`.J 2(C6• Time: 1-2- Ti r .0) . To: Ohl 1 c n\Ic i .cot i', l Fax #: '-lciCi - -A i ;')Z Number of Pages (including cover Remarks: IE_lt,- A►-,.1 page): 2 . -. .l ccc 1,,,-`,1 (--, -- \„vim- (1\--1,,,-4 r-) i_t.-7(.•l l — \ < c• \ (,_,(_C-_, % --41 c:._,“=c {-- ;, ` `,';.+r-i l*5 i)lc`l lily; i:-.‘ l__•C<iC lc`(.7i`\ ` ( Lk \ c c c!i cit -?._L,i `-� "ci `;y ..{its 1 .'tl>c-,c,_,c_I -'cl+- sk:U'cF1tt1`-) �-- . -- florldetoday.com SPACE COAST METRO EDITOR BELINDA STEWART, bstewart®Ilatoday.net or 242-3634 Craig Batley, FLORIDA TODAY No tanks. John Bond of Cape Canaveral addresses the board during Library. 70 residents who showed up to oppose Coastal Fuels' new Wednesday's planning and zoning board meeting at Cape Canaveral request to install new fuel tanks near homes. Board rejects new fuel tanks City lacks rule for storage of liquid petroleum BY R. NORMAN MOODY FLORIDA TODAY CAPE CANAVERAL — Coastal Fuels came back to defend its livelihood. But residents also returned to oppose the company's new ap- plication to build more fuel stor- age tanks on property near their homes at Solana Lake and close to Ron Jon Caribe Resort. The company's new plan lo- cates the tanks farther from homes. Nevertheless, the planning and zoning board, resisting the company's proposal, explaining that the city does not have an or- dinance that addresses the stor- age of liquid petroleum. The board maintained an ordinance must be changed before Coastal or anyone else could store liquid petroleum. "It has always been my inter- pretation that if it is not an allow- able use it is not allowed," said Lamar Russell, vice chairman of the planning and zoning board. The city ordinance under which the company was granted a special exception 14 years ago Expansion plans. Coastal Fuels wants to build more fuel storage tanks on property near residences at Solana Lake, bottom left, and close to Ron Jon Caribe Resort, bottom right. However, the Cape Ca- naveral Planning and Zoning Board resisted the company's proposal, explaining that the city does not have an ordinance that addresses the storage of liquid petroleum. refers to "liquefied petroleum," not liquid petroleum, or gasoline, which is what Coastal Fuels stores, city officials said. "I'm here to thank you," resi- dent Mark Morrison said. "I think we have arrived at the con- clusion we had hoped for." Mor- rison was among about 70 resi- dents who showed up to oppose the tank farm expansion. Coastal Fuels already operates fuel tanks on its property at 8954 N. Atlantic Ave. The company supplies fuel to cruise ships, the Navy and service stations. The company in July applied for a special exception to build two ad- ditional 6-million gallon gasoline tanks. The company rescheduled then withdrew its application after residents complained that tanks would be 323 feet from their homes. Existing tanks are di WEB EXTRAS. For a photo gallery of images from Wednes- day's meeting, visit fioric1zll! ;S cCOM more than 800 feet from homes. Scott Widerman, an attorney for Coastal Fuels said the new plan would put tanks further from res- idents'homes. "It certainly' drastically changes the footprint," Wide- rman said. "It's substantially a new application." City officials said the compa- ny's new application did not mat- ter. If there is no ordinance that allows special exceptions for fuel tanks, the city cannot grant per- mission for additional tanks. The business could be threatened "I can't fix, I can't repair and I can't build to meet the future needs," Widerman said. After the company withdrew its application in July, the plan- ning and zoning board began drafting an ordinance that rec- ommended the city council re- peal the exception to fuel storage tanks. Its repeal became unnec- essary after city officials discov- ered no ordinance allowed the special exception. Coastal or any other company or individual, however, could re- quest the city pass an ordinance that would allow the storage of liquid petroleum, such as gaso- line or diesel. "When they do that you'll be seeing me again," Morrison said. ■ Contact Moody at 2423851 or nmoodyOBatoday.net. City Of Cape Canaveral - Building Department From the desk of: Susan Chapman, Administrative Assistant phone: 321 868-1222 fax: 321868-1247 e-mail: chapman-cape@cfl.rr.com Date: `i -- €- C L Time: L. : , , n, . To: the ft IT.' ci i r ( t> - Olin : i •,i Fax#: <---,-;- -, )i Number of Pages (including cover Remarks: page): I4- l' 1c'li I))11iL SC.F t 41u, p1C-btcZi`., •f'thryE-r f,17J Cued ��� 4 r , r c) �t Q'�tll!<I�tE�-- i L'� - )�1C,ck`— cif > ��i._ � rdi. virginiah From: dickay [dickay@earthlink.net] Sent: Tuesday, September 12, 2006 5:26 PM To: haas-cape@cfl.rr.com Subject: Sept. 13 To Whom It May Concern: 0 9l3 - 1810 Mayor rI t:ity Council •L City Mgr. J City Atty. ,/ Pub. Works Dir. uiidin,K Oft. Finance Dir. Pa Z r3ot.d v We are still traveling in our RV but the problem with the Coastal tanks has not been out of our minds. It is my understanding that tomorrow night is a meeting of great concern and a big decision. Richard and I just want to write again to show our interest. We hope the commission will favor the little people who support the community, invested in their property , pay taxes, and tell others how great Cape Canaveral is. You know that if these meetings had been when the majority who spend at least 6 months of the year, we and others would be there. Please vote in our favor. Sincerely, Richard and Kay Hughes 8961 Lake Shore Drive # 502 Cape Canaveral, F1 32920 1 Page 1 of 1 Susan Chapman From: Todd Peetz [TPeetz@millerlegg.comj Sent: Thursday, September 14, 2006 10:43 AM To: Todd Morley; Bennett Boucher; chapman-cape@cfl.rr.com; jpekar@stottlerstagg.com; John Cunningham; Public Works Dir, Cape Canaveral; Beatrice McNeely Subject: P&Z Meeting 9/13/06 These are my notes from the 9/13/06 P&Z meeting. Items: 1) Minutes approved, with minor change. 2) Final replat Beachside townhomes, very little discussion, approved 5-0 3) Ordinance to repeal the storage of liquefied petroleum, presented by Todd Morley, a very thorough analysis and history of liquefied petroleum as it changed throughout the ordinance. There was still considerable discussion against allowing even liquefied petroleum, with some members of the audience not fully understanding the difference. The P&Z Board directed staff to further research the number of existing users/suppliers, their location quantities and separation. Further the new language should be made clear as to define liquefied petroleum as provided by the NFPA or Florida Building Code. What should the appropriate separation be? Also of concern was the definition of a fire district and where to apply it? The vote was not to recommend but to have staff further research the above topics and bring it back at a future meeting. 5-0 4) Ordinance clarifying non -conforming uses and structures. There was some discussion as to what a special permit was? The Board provided for some clarification in the code, i.e., calling it a special "building" permit rather than just a special permit. 5-0. 5) Discussion on Chapter 2006-88 requiring notification to applicants when they are denied to also include the reason based upon the code of ordinances or related Florida requirements. The P&Z Board asked the attorney to draft up a checklist of reasons to approve or deny a project, similar to what they have for special exceptions. Adjourned 9:35 or 9:40. Todd Peetz Senior Planner Miller Legg & Associates, Inc. 631 South Orlando Ave., Suite 200 Winter Park, FL 32789 407-629-8880 (fax) 407-629-7883 _TPeetz a�miller_legg.com www.millerlegg.com Improving Communities, Creating Environments 09/14/2006 Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Discussion Item No. # SUBJECT: Discussion Chapter 2006-88 - New Law that creates Section 166.033 F.S. DEPT./DIVISION: Building Department Requested Action: Discussion regarding new law in the Florida Statutes that requires written notices to applicants that cites applicable sections of the ordinances, rules, statutes or other legal authority. This item is to be discussed for informational purposes. Summary Explanation & Background: This new change to the Florida Statutes will affect how denied applications are processed. The City Attorney will provide a brief overview of the changes to the Florida Statutes. Exhibits Attached: 1) Letter from the City of Attorney with proposed change in the Florida Statutes. Planning Official's Office Department �4v\ BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorn ys at Law Debra S. Babb-Nutcher' Joseph E. Blitch Usher L. Brown Suzanne D'Agresta° Anthony A. Garganese` J.W. Taylor Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer `Board Certified City, County & Local Govemment Law Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Chapter 2006-88 Dear Bennett: Offices in Orlando, Kissimmee, Cocoa, Ft. Lauderdale & Tampa June 16, 2006 Scott J. Dornstein Andrew M. Fisher Mitchell B. Haller Katherine W. Latorre Amy J. Pitsch Erin J. O'Leary Catherine D. Reischmann William E. Reischmann, Jr. Of Counsel The Governor recently signed into law Chapter 2006-88 regarding the issuance of development permits by municipalities. This new law creates Section 166.033 Florida Statutes which provides: • When- a municipality denies an application for_ a development permit, the municipa.lity shall give• written notion to the- applicant The Cnotice r'iiUSi include a citation to the- applicable portions of an ordinance, rule, statute, or • other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. Section 163.3164 defines a development permit to mean any building permit, zoning permit, subdivision approval, re -zoning certification, special exception, variance, or any other official action of local government having the effective permitting the development of land. The new law is effective October 1, 2006. Given the breath of the definition of development permit, this small change to Chapter 166 will have a very significant impact on the manner in which a municipality denies a development permit. As written, this new law will apply not only to the City Council in their role of reviewing development permits, 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando. Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (566) 425-9560 • Ft Lauderdale (954) 670-1979 Website: www.orlanaolaw.net • Email: firm@crlandclaw.net Boucher, B. June 16, 2006 Page 2 but the law will also apply to other quasi-judicial boards and administrative personnel (e.g. building official) that have final decision making authority regarding development permits. I recommend that this letter be provided to the members of the City Council, quasi- judicial board members, and other City personnel who have authority to deny a development permit. I also suggest that this letter be provided to advisory boards who make recommendations regarding development permits, like the P & Z Board/LPA. These boards should ensure that they clearly articulate the reasons for their recommendations, vst;a::ia.r • revvrnmenJGti.iftiJ t:.. l�..' n j' a•a ?�.�CtS�rp:r.Ayr �: rnit. Please feel free to contact me should you wish to discuss this further. urs, Anthony Garganese City Attorney Enclosure AAG/slb CHAPTER 2006-88 Committee Substitute for Committee Substitute for Senate Bill No. 1112 An act relating to the denial of development permits; creating s. 125.022, F.S.; requiring a county to give written notice of its decision to deny a development permit; specifying information that the notice must include; defining the term "development permit"; creating s. 166.033, F.S.; requiring a municipality to give written notice of its decision to deny a development permit; specifying information that the notice must include; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.022, Florida Statutes, is created to read: 125.022 Development permits. —When a county denies an application for a development permit, the county shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section. the term "development permit" has the same meaning as in s. 163.3164. Section 2. Section 166.033, Florida Statutes, is created to read: 166.033 Development permits. —When a municipality denies an applica- tion for a development permit. the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance. rule. statute, or other legal authority for the denial of the permit. As used in this section. the term "development permit" has the same meaning as in s. 163.3164. Section 3. This act shall take effect October 1, 2006. Approved by the Governor June 7, 2006. Filed in Office Secretary of State June 7, 2006. 1 CODING: Words stricken are deletions; words underlined are additions. Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Proposed Ordinance Item No. SUBJECT: Review and Recommend Proposed Ordinance for Nonconforming Uses and Structures DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance to amend Chapter 110-191 through 110-201, zoning of nonconforming structures. Summary Explanation & Background: Proposed Ordinance is based upon joint workshops with the Planning and Zoning Board and City Council. The City Attorney has prepared the proposed changes to Chapter 110-191 through 110-201. These proposed changes reflect the discussion at the joint workshops. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department City of Cape Canaveral Date: September 15, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance for Nonconforming Uses and Structures At the Planning & Zoning Board meeting, held on September 13, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance, with the amendment that the wording "special permit" be changed to "special building permit". Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Minutes September 13, 2006 Page 5 DRAFT Mr. Wiedermann spoke about negative impacts to existing merchants if the City goes forward with the adoption of the proposed ordinance. He offered to facilitate a workshop with Coastal Fuels and other fuel merchants with the City to further outline the affect that this ordinance may have. He stated for the record that he was an employee of Coastal Fuels. A resident of the City questioned the Coastal Fuels representative as to why the facility has not complied with EPA regulations. Chairperson McNeely advised that the question was not part of what the Board was considering at this time but, it would be addressed. Evelyn "Annie" Tennenbaum commented that the reason why they are here is because Coastal Fuels is adjacent to their property and there is a conflict. She suggested that they find other places to expand. Discussion followed. Lamar Russell explained that in 1991 when the special exception was granted to Coastal Fuels for an expansion the Board thought that liquid and liquefied were both the same. Mark Morrison, 8931 Lake Drive, thanked the Board and Building Official. He reiterated what Lamar Russell had already said that the City code does not allow Coastal Fuels to expand. He advised that Coastal Fuels or anyone has a right to request a change in the City code. He stated that if Coastal Fuels does that the Board will see all of the residents again. He commented that the ordinance was exceptionally well done. Motion by Lamar Russell, seconded by Donald Dunn, that the Board make no recommendation at this time. That the Board will reconsider the proposed ordinance amending Section 110-354 (c) (6) at a later meeting after the City Attorney's office and City staff work together to redefine liquefied petroleum storage with clear unified appropriate definitions; define fire district(s) and where they should be applied; apply buffers and safety factors; and City staff identify the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City. Vote on the motion carried unanimously. 4. Review and Recommendation to City Council Re: Proposed Ordinance Clarifying Non -Conforming Uses and Structures - Section 191-201 of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, advised that the proposed ordinance was a result of several workshops and all of the recommendations are incorporated into this ordinance. The Board members reviewed the proposed ordinance. Discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed ordinance to City Council with the amendment that the wording "special permit" be changed to "special building permit". Vote on the motion carried unanimously. Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Proposed Ordinance Item No. SUBJECT: Review and Recommend Proposed Ordinance for Nonconforming Uses and Structures DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance to amend Chapter 110-191 through 110-201, zoning of nonconforming structures. Summary Explanation & Background: Proposed Ordinance is based upon joint workshops with the Planning and Zoning Board and City Council. The City Attorney has prepared the proposed changes to Chapter 110-191 through 110-201. These proposed changes reflect the discussion at the joint workshops. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department DRAFT August 16, 2006 ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City 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 Council and Planning and Zoning Board, as part ofa comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Article V, regarding nonconformities, and determined on March 7 and 21, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No. -2006 Page I of 15 DRAFT August 16, 2006 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, 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. Code Amendment. Chapter 110 ofthe Code ofOrdinances, CityofCape 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. It is intended that the text in Chapter 110 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 *** ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent; rules of interpretation; building and fire codes; definitions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and management of nonconforming uses and non -complying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to permit these nonconformities and non -compliances to continue until they are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special pennit. Such nonconforming uses and structures are declared by this article to be incompatible with permi tted uses in the zoning districts involved unless the City Council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. City of Cape Canaveral Ordinance No. -2006 Page 2 of 15 DRAFT August 16, 2006 which were lawful lllior to cnalJt111Glit of till. Vldlllancc ll0111-%vl1Ich 1LIAi. {,l.t1Va 111, Jrivv or Vill.V111V111 all. �l,alcd Illl.ulllpatiLlL with pornaitt7ellots-,--str7ctures-,-placenser and 11ul1l.ullfu1ll L1Jt.wllcic Ill t11G ,ante d15t11Lt. (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for, or approval of, the continuation of any illegal use of a building, structure or land or illegal structure or building that was in violation of any ordinance in effect at the time of the passage of this article or any amendments thereto. The casual, intermittent, temporary or illegal use of land, building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful building permit issued for any building or structure prior to the enactment of this article, the construction of which is in conformity with approved site plans, if applicable, and building plans shall be deemed nonconforming under this article if the building or structure is built in full compliance with the City Code as it existed at the time of the issuance of the building permit. In the event there is a conflict with the provisions of this article and a specific amortization provision requiring the removal or modification of a nonconforming structure or discontinuance of a nonconfonning use of land, the provision which requires the nonconformity to come into11compliance with the current City Code the earliest shall apply. Any building wllicll iJ 111adL MAIL.V1llUIllllllg Ly replaced, if it Is destrvye<l, to tin &arum ,tallda,u -,alai l[ wa, yllvl to the aui.ptivll of u11z • - r --- ♦--r --••-•'-- "f -'/ +�++ uuuaa uiuv uaa.auu�. u1VJ\. pi UJ GI.lJ L011lplctcd, Lot foi NV llich appIicatroll fLa 31tG plan appluval haJ LGG111114 G plan tv aduptant lcLulldllig 15 rL..1i111 ed, atl cffvl is Jllail Lc ,nadc, where practicable, to coilto the ealsllllg Luning urdi.11ailce. (c) Building and fire codes. No provision contained in this article, or elsewhere in the City Code, shall nullify, void, abrogate or supercede any requirement contained in a building or fire code that is duly enacted by law. -----------».....+.. .. .., vv avvclala uJ ♦.�VJV CIJ IJlaGL1GQUlG-L1U1.T vicry cffolt to coiifoiin to th cxi- ti-rig zurrifigoi'diilanc... (d) Definitions. As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: City of Cape Canaveral Ordinance No. -2006 Page 3 of 15 DRAFT August 16, 2006 Destroyed or destruction shall mean damage by any means, except by vandalism or other criminal or tortious act by someone other than the property owner, such that the cost to repair or reconstruct the structure exceeds fifty percent (50%) of the fair market value of the structure at the time of destruction, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. (2) Lot of record shall mean a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the description of which has been recorded in the official record books of Brevard County, Florida, and complies with the subdivision of land regulations of the City. O NonconforminK or Nonconformity shall mean any lot, structure, use of land or structure, or characteristic of any use or structure which was lawful at the time of subdivision, construction, or commencement, as the case may be, which over time no longer complies with the City Code or other applicable law due to a subsequent change of the City Code or other law. This chapter shall riot be eo sliced to allow f�1 tht—extensimr-or-e-rd-argementncenforming-lot-or-buildinr but —is -merely ;�,tcnd�d t llow-th b after the result of a eataztrophC m as near a s�m,lar fasltiou as pi anti. aljIC7 (4) Structural materials shall mean any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in aecordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110-193. Continuance of Nonconforming structures. The Iawful use of a nonconforming structure may be continued subject to the following provisions: City of Cape Canaveral Ordinance No. -2006 Page 4 of 15 DRAFT August 16, 2006 No such structure may be enlarged or altered in a way which increases its nonconformity., (b) Any structure or portion thereof may be altered to decrease its nonconformity; Should such structure be destroyed, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. Where a lawful strtrctttre crst5 to maw.. f[011l Jbhic11 t111s SCGt1011 is d rived -that cotfld n t • wLiiCLiulla vu aiCa, !vt wvu'agu, Lu16llt, �Ctflault of vlllul ti'alAuof tlla JL'uulaly v1 1 at'011 A11 the -lot, Suuh 3t1 cn,l(.1w c 1li a bc-control d, long as It 1 uu1au1J v o t11� fullowing. mot, strectl.lre may 'i c argcd ur altul vv ay— vv Ili‘.11—i'nCrC2tSCs" its noilG011furinity, l,ut ally 5tLUG tul."vr yoition thereof may bu a lvllco'11ormity. 41 (2) Should such st1 actal b dustioycd byaiiy lucans to a'i extent of rnoic t11a1' JO tl�lvvul of its--fair--market-value---at-trate--of-destruettotirit-shall-not-be-reconstructed7exeept-itt t StlactinG bt IllOvud tur any rL2t501t tvr dlls+`dlStalla, Whatev4.r, 1t shall thereafter conform-to-the-TrgtitatiOTTS-afthe-clistrietitrvithichitiriticated-afterit-isinerrecb (4) Whcfc a lawfal dhvdl xists date of aduptiuii ui a 1111L.1id111G11t oina11Cu ll viu wli;ch LLia ivu is llvliv� that �] , > , rebuiltreconstructed-ui st i t:nal fy altered, pruvidl.d Chat setback di111Glis•V11.1, lllarlllna111 lut i overage buildiiig-setback-}m stitn,ttnu COnfO1u1 to the rugulatiwo fur the ditrii..t in which such ioliai-Goil stlac trun tJ 1Lguucim i1L5 of the zoilii11, d ,t11Lt. Ally legally establislIud Clluioat, h'laut v11 avlluu.lr requirements m3tr1201ra'lly altered, but 'lot elllalsa.'d of cx, t,iov;dcd tl1c Ln IV IC h•l11g tuition of tllc Jtlut lull 1J all Llltl gl al Malt of Jtl ucta''C. Sec.110-194. Continuance of Nonconforming uses of land. City of Cape Canaveral Ordinance No. __-2006 Page 5 of 15 DRAFT August 16, 2006 A nonconforming use lawfill ly existing at the time of the enactment of the City Code or any subsequent amendment thereto may be continued subject to the following provisions: (A) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the adoption or subsequent amendment of the City Code; unless such use is changed to a use permitted in the district in which such use is located: th) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; Lci No additional structures which do not conform to the requirements of the City Code shall be erected in connection with such nonconforming use of land. vrhieirthis-seetiorr-is-derivedTvebere-fawfahrse-of-land-existrtlrert-is-nrade-no4onger permissible uridw the villutaul.l. fivin which this-S , ItrvLlJa'S uv in iv" Jhirctutc with a rcplacl,nicnt Cost cx%eed1n6 $i, Lyn tiunCd, JO lvug dS it 1Cinalils Othcnt iSG lawfu , .pya t..il.atl.i al. La of laiid than was occupied at tl,c effcctivc datc of iurrorarnendrnentofthe lnllmain,C fiOLtrI, hick tills StCt+ u is d iivl d, uull,sJ Sul 1ruJ i l.lrangcd to a usl. perm• tkd ui Ll1%, d Ill, iu which sal.l1 trSL is locatl,d. cnlargcd, mcrc of thv lot vi paiwl vl l upil,d Ly Julll uJL at it, 4..ffwtivl ilalk.vfaduptIva vi aiut.iidiuut of the orduiancc froiu whir htins-sL..tiun is L,iivcd t3) If any suchiloncoiIfo1,1116 iscoflaidcuts c for allyicaJtnlfo,ap ilullofuivivtliail 90 conscl,ntivt days, any suL vt Jul li laud shallkouufviin to ili��vvtions SpC by t1i1J i.Jiaptl.i fin the ictin-wfricIrsucirfandisimateth (4) No additn,ilal st�a%,turc n LOuttC.l.tivll with Jul. icv,rforining asc of land. Sec.110-195. Nonconforming uses o f s tructures or of structures and premises in combination change of use. Ifa lawful use involving individual structures, or of structures and premises in combination, exists at the adoption or subsequent •,icndment of the City Code, that would not be allowed in the City of Cape Canaveral Ordinance No. -2006 Page 6 of 15 l DRAFT August 16, 2006 zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located; Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article but no such use shall be extended to occupy any land outside such building; f) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; and Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. ivi f slr uctur cs arld prcin ,cs lrl combmation, with a ivplaeril , adoption-rn amendment of thc ' allowcd irr thc district undcr this-chapt , uthvr wiDc lawful, bubjcet to the following- wveated shall be culaig , rr-e (2) Any noirt onfornring tr, designed -fin such use at the time of adupti thc rndinauce fiam which .,e , 1g- (S) Arry ,tt uetaic et stroc tu, c and }and m caln , use is upLibL,di d },y a perutii , district ill which loeatud, and norreonfortning-terezrfter -be csurncd. ,,:; use of a stn., turc Of structurt drld prctaix5 rrl corn lnmain, rt is discontinoLd-ol ahandoncd-for City of Cape Canaveral Ordinance No. _-2006 Page 7 of 15 J DRAFT August 16, 2006 y1.ai p1.iiud, C nC Lpt whei1 gvvl.i1uu�.11t at+llvll iu yCdeS at.t.CSS tv llle piviliiSvS, thu StiiLClu1C or stru..tu c and pi In COiiibuldlioii JLdll iivt lLl.il dfl.l l In-usedTereeptirrconformanee with tl,t icgulatiollS ofthc district atl,d. ll.invdal vi llwliut lioii of lln Jti uC1Uie Jhdll l lilnulate the ilo11co11fOhl 1i11g Stalls Ofthc 1a11d. The term ' .Lstractioll," fol thl, puipo .. of this sttbsccthhi , S li ul.tuit.J V1 of Jtlul.luIC. J d11d pil.lili c.a, l.Al.l.pt fui iwidLai lial tibl.J, SUI.L t1.1111111at uiip aiuJ t,f Il1ipi ov1,,111.1TtJ $ 1,000.00 $ 2,499.00 2,500.00 4,999.00 5,000.00 9,999.00 10,000.00 21,999.00 25,000.00 49,999.00 507000 00—ever- Allo JG aiil.l, Tel iniiiativii I'cars 5- 40- 20- 30 40- 50- (7) Any [TCW or allditielt‘;l ust. wllieh-rs noncaitfoilnirrg pcnilitt. a. fs_)(8) Notwithstanding subparagraphs (a) through (d) of this section (-), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area. LOiitaill Vl hl, Juby. ct to thl fulluwilig. (1) An application for a change of use shall be submitted to the building official and shall include the following: a. The property owner's name and address, a recorded deed indicating City of Cape Canaveral Ordinance No. __-2006 Page 8 of 15 DRAFT August 16, 2006 ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. c. A sealed, as -built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area than the present nonconforming use. gj The due process and notice provisions set forth in section 110-28 shall apply to all applications for change of use. 1.3jf All proposed appl ications for change of use shall be submitted to the planning and zoning board for its study and written reconunendation to the board of adjustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. (4)g Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall issue a written order certifying whether or not the proposed nonconforming use is equally or more restrictive, equally or less intensive, and equally or more compatible than the present nonconforming use. The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for change of use. All change of use recommendations and final orders shall be based on the following relevant factor:;, including, but not limited to, whether the requested use: a. uses less space., b. has fewer employees; c. requires less parking., C iiy of Cape Canaveral Ordinance No. -2006 Page 9 of 15 DRAFT August 16, 2006 d. creates less traffic; e. has fewer deliveries; f. creates less noise; g. creates a better benefit to the surrounding area than the previous use; h. is more acceptable with the existing and future use or make up of the area. i. is more normally found in a similar neighborhood; or j. creates less of an impact than the present nonconforming use. h. Nuticc shall be given at least 15 days ill advatick, of the public hearing. Thy vup�4ty-fvt w1,iLLapp,uva1-is-Suu LulIIIi.lg nsc is suuand at the city hall. shall ,lot affect any at., hearing• in the same nrannr that llctciuluiC 1f t1x, p1opustd noncoilfo1miog uSG is moje re ttictige, 1vSS 11t611Sivand 11101e cu111Ira t; ticic1i11uiatioll the board-of-at)juicllt dray Go►1Sidvr, iiicllldjag, bt1t 1iot li1niLd to, (iii) lcquiic 1cSa palkin�, �1�� citatc 1CS tlafIC, (v) have ft,wc,1 d li, (v1) ctcak. lCSS Hoist, (vi) cic,atc 1 bcttc1 benefit to suuuundillg arca an t,tcviOtls asL, �Jiii) bC mere ac ccptablc with tht-existing-and-futtire-us-e-or-tnake-ttprofthe-aretr,-(ixt be -more 11ui iu illy found in a s;,nilat ficigltboilw e, , ui ('•) Lt of a lc�a iulpaGt tha11 Qlc pin. ttl 111,o11fu1I1u11g use Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings or duplexes are permitted, a single - City of Cape Canaveral Ordinance No. -2006 Page 10 of 15 DRAFT August 16, 2006 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Sec. 110-197. R pat, s ,w,ait,ttnavice. Abandonment. Laj A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: When the intent of the owner to discontinue the use is apparent; or (?) When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within of c hundred eighty (180) days, unless other facts show intention to resume the nonconforming use; or When it has been replaced by a conforming use; or (4) Where the use is discontinued or abandoned for a period of more than one hundred eighty (180) consecutive days or for eighteen (18) months (545 days) during any three-year period. (b) The city council may grant extensions of time for a nonconforming use of a building or premises, which would oti .crwise be considered abandoned pursuant to subsection (a), to continue if the abandonment was directly caused by an act of God or other emergency situation outside of the contr-)1 of the property owner. In the event a more specific abandonment, discontinuance, or amortization provision is stated elsewhere in this City Code for a specific nonconforming structure, land use, or land area, the abandonment, discontinuance, and amortization provision which requires the nonconforniity to come into compliance with the current City Code the earliest shall apply. No provision contained in this article, or elsewhere in the City Code regarding the abandonment, discontinuance. or amortizat ion of nonconforming structures or land uses shall nullify, void, or abrogate a:w similar provision contained in a duly executed binding development agreement appr,.ved by the City Council. (a) On any bailding dc Citeaholc oizn part-to-anynonconfo,m��,g as., W.,,l.,,,ay be done in any pciiod of 12 cons, , tttivc ,months ,n ordinaryitpaii ofnonlyearingis,fxtuics,z;iringorpiurrbi City of Cape Canaveral Ordinance No. __-2006 Pace l 1 of 15 DRAFT August 16, 2006 t , al,ic coata,nt of the builaliug ao it t1L11 V Gal shall li plaLcuclit Sllall aut Lull fullulty, at fulth In scctio,l 110-195(6) {b) Nuthugh 1 this chapter shall La dGcnicd to pla.vcllt lln, Sticngtllcuing ul fa.�tulul� fillg Ul pglt tllGlcof a1GGlarcd to be unsafe by all ufLGial Ghalg With plutkGtin ll,G public J.lfety, upon-orderof such official. Sec. 110-198. Tempos nt y-tses. Repairs and maintenance. Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconforming status, provided the work is necessary to keep the structure in a state of good repair. The work may include the replacement of existing materials with like materials. However, repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official determines compliance with the following: fl The repairs and maintenance comply with applicable building and fire codes. No violation of Sections 110-193, 110-194, 110-195, 110-197 exists. g) The permittee shall be in compliance with all other applicable provisions of this article. (4) There are no pending code enforcement actions or liens existing on the subject property. O If replacemen t materials are involved, such replacement may not exceed fifty percent (50%) of the fair market value of the structure, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. �b Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of am, building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. However, this subsection shall not be construed is a means of circumventit,g the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantially rebuilt so as t ) extend the ordinary and natural life of a nonconforming structure. The building.; official is authorized to permit structural alterations to nonconforming structures in instances where the Occupational Safety and Health Administration("OSHA") City of Capc Canaveral Ordinance No. __-2(106 Page 12 of 15 DRAFT August 16, 2006 requirements necessitate alterations, provided the alterations shall not be authorized primarily to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are required by OSHA including, but not limited to, a citation to all applicable OSHA regulations and any OSHA notifications requiring the alterations. (d) This section does not apply to structures used for single-family dwelling or two- family dwelling purposes which structures may be renovated, repaired, or replaced in accordance with a lawfully issued building permit. The casual, liitzrnnttcrrt, ttn,pv to staLlisc,n,c ofcl 11011X-.0 OnnIfig Mt,. Sucli u� .shall uvt be validated l,y tiie aeluptlull of flit viclivaiicc fiviii which -this Scetion-is-tk ii cd, uIrlk,3S it wuipliw with tliilaptc.a. Sec. 110-199. Reset % cd. Temporary Uses. The casual, intermittent, temporary or illegal use of land or structures, or construction of an unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments hereto, unless it complies with the terms of the City Code. Sec. 110-200. ResL►.ed f'l.Mal permit. f The intent and purpose of this section is to recognize that there are limited and special circumstances where overall community and public policy objectives of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and stmt.:tin-es are not detrimental to the surrounding neighborhood and to the community values established in the City's Comprehensive Plan and City Codes. The City Council desires to establish specific standards for this category of special permit in order to allow the continuation of some nonconforming uses and structures notwithstanding any contrary provisions of this article or City Code. 021 The City Council, at a duly held public hearing, may grant a special permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are strictly satisfied: (1) llowner of theproperty on which the nonconforming use or structure exists files a :,pe., i l nermit application provided by the City; and (2) The applicant demonstrates that the continuation of the nonconforming use or structure. a. is capable ofcontrihutine in a positive way to the character and serves the needs of the community including re -occupancy for the accommodation City of Cape Canaveral Ordinance No. __-3006 Page 13 of 13 DRAFT August 16, 2006 of neighborhood walk -to -service uses, walk -to -work opportunities, and live - work spaces; reuse of buildings with architectural or historic value; and reuse of buildings that generate a significant economic benefit to the community; and b. is compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking, odor, light, intensity and land uses, hours of operation, landscaping, aesthetics, structural design, and density; and c. is consistent with the community values, objectives, andpolicies established in the City's Comprehensive Plan and City Code. The City Council may impose conditions and safeguards as a condition of approval of any special permit granted under this section. Secs.110-199201-110-2120. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorpor.,,ion 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 ordinanc •and the City Code may be freely made. Section 5. Severabil i ty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any rca;:on 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 in(' pendent 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 day of , 2006. ATTEST: ROCKY RANDELS, Mayor City of Cape Canaveral Ordinance No. -2006 Page 14 of 15 For Against SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canavera: only: ANTHONY A. GARGANESE, City Attorney Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. _-2006 Page 15 of 15 DRAFT August 16, 2006